Resistance at the Border: Kantian Political Theory and the Refugee Crisis

Abstract

AbstractOn a certain orthodox Kantian view, when states violate migrants' rights to enter a foreign country , citizens of that country must comply with the laws and refrain from helping them gain access. After all, (i) philanthropic efforts are strictly subordinated to questions of right, and (ii) an important precondition of right is recognition of the state's authority to determine what counts as right in practice. Moreover, because the state has a mandate to control its borders, fixing rules for entry lies squarely within its jurisdiction. If its determination is unjust by some substantive standard, citizens ought to protest and campaign against it. But they may not violate it. Against this, I argue that the best understanding of Kantian political principles does not entail these conclusions. Rather, citizens may resist the state's pronouncements on matters like this and aid refugees in gaining entry to their target country, as long as they can do so without (a) compromising the stability of the state or (b) violating their neighbors' rights.