The ethics of deportation in liberal democratic states

Abstract

This article considers two questions: (1) Do democratic states have the right to deport non-citizens present or residing on their territory? (2) And, if so, what principles should guide deportation in democratic states? The overall objective is to offer an account of what deportation should look like in a liberal democratic state. I begin by situating the practice of deportation in larger discussions of the extent of state discretion in controlling both borders and membership; here, I will argue that potential deportees occupy an awkward middle space, i.e. it is not clear whether they should be treated according to the principles that regulate discretion at the border or discretion in admitting migrants to membership. I then consider more deeply whether deportation can be rendered non-arbitrary, or whether it is bound to remain unjustly applied; where it cannot be rendered non-arbitrary, it must be rejected, or so I shall argue. To be non-arbitrary, the practice of deportation must meet three criteria: a publicity criterion, a justification criterion, and a collective interest criterion. In the final section of the article, I disentangle deportation into its component parts – I distinguish just cause for deportation from just action in deportation – and consider how the criteria that stem from a commitment to non-arbitrariness constrain its application to non-citizen residents. The consequence of requiring deportation to be applied, if at all, in a non-arbitrary way is that there will certainly be cases where liberal democracies find themselves unable to deport those who might otherwise be thought eligible for deportation. Ultimately, I conclude that deportation from liberal democratic states can be fair only in a small number of cases.