Free migration

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Magna Carta or "Great Charter" was one of the world's first documents containing commitments by a sovereign to his people to respect certain legal rights Magna Carta.jpg
Magna Carta or "Great Charter" was one of the world's first documents containing commitments by a sovereign to his people to respect certain legal rights

Free migration or open immigration is the position that people should be able to migrate to whatever country they choose with few restrictions.

Contents

From a human-rights perspective, free migration may be seen to complement Article 13 of the Universal Declaration on Human Rights:

  1. Everyone has the right to freedom of movement and residence within the borders of each State.
  2. Everyone has the right to leave any country, including his own, and to return to his country. [1]

Examples of free migration

Free migration of war/political refugees

War-related chaos can lead to the breakdown of borders and allow for de facto free immigration. The natural attempts to flee strife, or escape a conquering enemy, can quickly lead to millions of refugees. Even where border controls are in place they can be overwhelmed by the sheer numbers of people. Once settled into refugee camps, these reluctant immigrants may take decades to be either repatriated back or naturalized into their new country. This has been the situation with the Palestinians in Jordan.

During the Cold War, a migration paradox arose in which some of the communist states forbade emigration, while the "Free World" would freely accept the defectors. This policy persists for Cubans [2] and the Hmong, who are both allowed particular forms of free immigration to the United States based on their automatic refugee status.

Areas with free internal migration

Areas with free external migration

All people, regardless of citizenship are allowed to live and work in Svalbard without a visa or residence permit, as long as they demonstrate they are able to support themselves. [13] [14]

Spiritual perspectives on migration

Through numerous situations and encounters, immigration can be a test of mental fortitude rather than physical ability. In Buddhism, a bodhisattva is considered to be a guide to awakening and to the Pure Lands. "The Buddha declares that we are all bodhisattvas destined to attain full Awakening. It seems that each of us, then, is engaged in 'spiritual immigration'. [15] The Buddha asserts that everyone is a bodhisattva, or a 'spiritual immigrant', who must attain various virtues which ultimately leads to prajnaparamita , or 'transcendent wisdom'. [15] The existence of Buddhas and Mahasattvas 'great beings' who have achieved a high level on the path to awakeninghave created various branches of belief like Mahayana Buddhism, which is a form of 'spiritual immigration'. "Buddhism is a type of immigration from the world of suffering to nirvana....We are all immigrants who, paradoxically, are seeking to and the land in which we already dwell". [15] In terms of 'spiritual immigration', the path of the bodhisattva is a change of mental capacity rather than cosmic location.

According to Buddhist teaching, the purpose of a 'spiritual immigration' is to help guide the individual onto their future path. The Pure Land is the state of untainted mind: reaching this land of purity requires persistent effort and practice. Along the journey, individuals learn to envision their future as a land of opportunity. The intention of the pure land is to assure that the individual achieves their personal goals in lifethe betterment of oneself in order to reach nirvana. Alongside these goals, practitioners also learn about the relationship of 'self' and 'others', resulting in the renewal of all beings. The concept of the pure lands enforces the idea of 'spiritual immigration' as a form of mental encouragement. [15]

Migration is a spiritual journey that establishes a point of communication between the human and divine. Religious figures migrate from one place to another as immigrants: "In Christianity, God migrated to this world in the form of human Jesus; the Hindu God Krishna descended to earth to become a charioteer, a human being (Bhagavad Gita 1:20-47); and the Buddha 'becomes Awakened' when he became a wanderer and a stranger". [16] Adherents believe that religious figures have travelled from an unpurified state to a purified state: Buddha traveled from his privileged life to a life of poverty to gain divinity and knowledge; therefore divine figures like Gautam Buddha viewed migration as purification. The Qur’an states that "they could migrate from their oppressed positions to another land of God". [16]

The doctrine of Hijrah suggest that freedom of movement is a human right as well as a duty to God. Globalization affects religious perspectives on migration which seek to prevent the "destruction to the sanctity of human life and dignity". Religious figures like Buddha and Jesus practised "a theology of migration".[ citation needed ] According to adherents, immigrants should have the same rights as legal residents because world religions believe everyone is divine. It is also mentioned in the Qur’an that "strangers are entitled to the equal distribution of wealth".[ citation needed ] Despite the acquisition of wealth in verse 8:41, the Qur’an states that "know that one-fifth of your battle gains belongs to the God and the messenger, to close relatives and orphans or to the needy and travellers (strangers).” [16]

According to Collier and Strain, the Roman Catholic Church has been helping migrants for decades. [17] The Christian faith receives a sense of justice for migrants from Abrahamic faith traditions. Catholics follow these guidelines to help immigrants: "for all persons on the move". The reasons to help those on the move were established in 1952 when leaders of the Roman Catholic Church published written material that reinforced the teachings of the church. One of the quotes from the Bible used to justify hospitality is "when an alien resides with you in your land, you shall not oppress the alien. The alien who resides with you shall be to you as a citizen among you; you shall love the alien as yourself, for you were aliens in the land of Egypt: I am the Lord your God" (Leviticus 19:33). [17]

Strangers or those on the move should be treated equally, no less than anyone else. The modern nation state should open its borders because people may be migrating due to unfavorable circumstances. The Catholic Church believes everyone has a right to migrate to support their families; this idea of free migration allows "the human person [to precede] the state".” [17] In some circumstances, the Church provides assistance to migrants and refugees. Some Catholic organizations offer educational activities on the legal process of immigration to the United States. Other types of aid include spiritual companionship, ESL classes for those who want to learn to speak better English, basic hygiene, and food. The Roman Catholic Church believes that helping those in need enables the growth of the human spirit.

Before the Columbian exchange, there was an open border policy in the Americas that gave Native Americans access to travel freely and have open trade with other cultures. [15] There was widespread trade among many First Nations that created free movement and travel for many foreigners. At the time, there was little border control which allowed migrants to travel to various areas to settle. Immigration policy shifted towards control and nationalism after 1492. In the 20th century, immigration policy solidified borders in America, but many Native Americans advocated free movement and hospitality towards strangers. Native Americans historically have welcomed strangers with hospitality, sometimes making them relatives through an informal adoption system.[ citation needed ] Migration in America can be understood through the religious and cultural perspectives of Native Americans. [18]

Law and ethics

Many nation states have agreed and disagreed on the topic of open borders and free migration, with some countries allowing people to travel freely from country to country and state to state without the risk of deportation or punishment. The consensus within the open borders debate is to “establish a view of migration that reflects the liberal commitment to the equal moral worth of all people which applies to a truly global view of migration.” [19]

Various ideas have been applied to a global view of migration, such as the ideas of other journalists such as Johnathan Wolff and Avnir De-Shalit to migration. Wolff and De-Shalit's state that the use of law and ethics is a positive factor in the debate over free migration. [20] The debate of free migration does not apply to a specific country but extends beyond, and continues on to a broader spectrum for introducing a freedom of movement amongst all people, for all countries. However, this concept is especially significant to the places that experience the most migration-including both host and receiving countries or states.

Free migration is not limited to a certain time period, but has been more relevant and controversial in recent years, especially in the United States. In the U.S., it has become a more controversial topic since 9/11. Free migration is a concept to consider when comparing basic human rights and migration. "Constraining movement in most cases is therefore, unjustified and immoral". [19] The topic of free migration is not a matter to be only exclusively debated amongst national governments of varying nations, but a worldwide discussion for all people of all nations on the debate of open borders and free migration. In that case, nations and people from all over the world can learn from each other where everyone is involved in the attempt to come to a just conclusion and solution to the problems surrounding both immigration and free migration alike.

Free Migration has been slowly restricted throughout recent history due to the inevitable progression of society, causing more independent societies to create tighter laws, policies, and regulations concerning immigration. With nations closing themselves off and shutting their borders from non-residents, it is difficult for free migration to become secure, as well as having members of society prioritize an institutional issue such as this.Immigration officers and agents must maintain a code of conduct based on policy to provide equal treatment to any and all immigrants. [21] Officers must put their political views behind them and revert to policy law; leaving behind their personal moral conflicts and ethics to abide by law and policy. Political philosophers focus on free movement as a human right and aid for those in poverty or serious global inequality.

Although there is not a necessary definition for something considered to be morally, ethically, or legally accepted in a society, everyone has an individual connection to what may be considered good for society and what may be considered bad for society. The United States government has placed many strict laws on immigration that it proposes will produce a better immigration system. Other countries, through United Nations consensus, allow a minimum two year system for refugee relocation, with other countries such as Canada and Switzerland operating within a four-year system.[ citation needed ]

According to London School of Economics political theorist Chandran Kukathas, immigration control is a threat to freedom and national self-determination. He argues, "immigration control is not merely about preventing outsiders from moving across borders. It is about controlling what outsiders do once in a society: whether they work, reside, study, set up businesses, or share their lives with others. But controlling outsiders-immigrants or would-be immigrants-requires regulating, monitoring, and sanctioning insiders, those citizens and residents who might otherwise hire, trade with, house, teach, or generally associate with outsiders." [22]

Arguments against free migration

Arguments against free immigration are usually economical, cultural or security-related. Hans-Werner Sinn, president of Ifo Institute for Economic Research has declared "Welfare states are fundamentally incompatible with the free movement of people" [23] which was similar to Milton Friedman statement "It's just obvious you can't have free immigration and a welfare state". [24] Some arguments are nationalistic or xenophobic, [25] or ones similar to arguments against free trade, favoring protectionism. [26]

Argument for free migration

Economic considerations

According to John Kennan's (2012) data simulations (collected in multiple countries to simulate the effects of open borders), there would be large economic gains between Mexico and the United States of America through the implementation of open borders. [27] Liberal economic reasoning advocates for open borders to prevent economic inequality between countries where country A is more efficient than country B due to restrictions on immigration creating production efficiency gaps between the two countries. Labor share data estimates that there would be more economic gains through free migration between countries. These gains are expressed through the economic and labor growth in the country along with economic gain for foreign and resident workers in that country.

Economic simulations show that migration lowers the real wage for both countries receiving and sending immigrants; however, the effect of this decrease is based on the goods and services consumed by an individual. According to Kennan “these gains are associated with a relatively small reduction in the real wage in developed countries, and even this effect disappears as the capital–labor ratio adjusts over time.” [27] Therefore, the number of workers in both receiving and sending countries would double by the current population of workers. Although the two are not the same issue, free migration is similar in spirit to the concept of free trade, and both are advocated by free market economists on the grounds that economics is not a zero-sum game and that free markets are, in their opinion, the best way to create a fairer and balanced economic system, thereby increasing the overall economic benefits to all concerned parties. [28] [29] Political philosopher Adam James Tebble argues that more open borders aid both the economic and institutional development of poorer migrant sending countries, contrary to proponents of "brain-drain" critiques of migration. [30] [31]

Notwithstanding noteworthy differences among these political ideologies, many libertarians, [32] liberals, socialists, and anarchists advocate open immigration, [33] as do Objectivists. [34]

Some free market economists believe that competition is the essence of a healthy economic system, and that any short-term negative impact on individual economic factors that is caused by free migration is more than justified by the prospects of long-term growth for the economy as a whole. [35] Whilst not defending fully open borders, political philosopher Adam James Tebble argues that more open borders aid both the economic and institutional development of poorer migrant sending countries, contrary to proponents of "brain-drain" critiques of migration. [36] [37]

See also

Related Research Articles

<span class="mw-page-title-main">Immigration to the United States</span> Overview of immigration to the United States of America

Immigration to the United States has been a major source of population growth and cultural change throughout much of its history. In absolute numbers, the United States has by far the highest number of immigrants in the world, with 50,661,149 people as of 2019. This represents 19.1% of the 244 million international migrants worldwide, and 14.4% of the United States' population. In 2018, there were almost 90 million immigrants and U.S.-born children of immigrants in the United States, accounting for 28% of the overall U.S. population.

<span class="mw-page-title-main">Emigration</span> Act of leaving ones country or region to settle in another

Emigration is the act of leaving a resident country or place of residence with the intent to settle elsewhere. Conversely, immigration describes the movement of people into one country from another. A migrant emigrates from their old country, and immigrates to their new country. Thus, both emigration and immigration describe migration, but from different countries' perspectives.

The libertarian perspective on immigration is often regarded as one of the core concepts of libertarian theory and philosophy. There is considerable disagreement among libertarians as to what stance towards immigration best accords with libertarian principles. Some hold that restrictions on immigration are an infringement of the rights of immigrants and other property owners and constitute a threat to individual liberty. Others maintain that open borders amount to a policy of forced integration on the part of the state, and that protecting the rights of property holders requires that present governments adopt much more discriminatory policies on who is allowed to enter a country.

<span class="mw-page-title-main">Human migration</span> Movement of people for their benefit

"Human migration is the movement of people from one place in the world to another.".

<span class="mw-page-title-main">Immigration Act of 1924</span> 1924 United States anti-immigration law

The Immigration Act of 1924, or Johnson–Reed Act, including the Asian Exclusion Act and National Origins Act, was a federal law that prevented immigration from Asia and set quotas on the number of immigrants from Eastern and Southern Europe. It also authorized the creation of the country's first formal border control service, the U.S. Border Patrol, and established a "consular control system" that allowed entry only to those who first obtained a visa from a U.S. consulate abroad.

Since 1945, immigration to the United Kingdom, controlled by British immigration law and to an extent by British nationality law, has been significant, in particular from the Republic of Ireland and from the former British Empire, especially India, Bangladesh, Pakistan, the Caribbean, South Africa, Nigeria, Ghana, Kenya, and Hong Kong. Since the accession of the UK to the European Communities in the 1970s and the creation of the EU in the early 1990s, immigrants relocated from member states of the European Union, exercising one of the European Union's Four Freedoms. In 2021, since Brexit came into effect, previous EU citizenship's right to newly move to and reside in the UK on a permanent basis does not apply anymore. A smaller number have come as asylum seekers seeking protection as refugees under the United Nations 1951 Refugee Convention.

Immigration law includes the national statutes, regulations, and legal precedents governing immigration into and deportation from a country. Strictly speaking, it is distinct from other matters such as naturalization and citizenship, although they are sometimes conflated. Countries frequently maintain laws that regulate both the rights of entry and exit as well as internal rights, such as the duration of stay, freedom of movement, and the right to participate in commerce or government.

<span class="mw-page-title-main">Immigration</span> Movement of people into another country or region to which they are not native

Immigration is the international movement of people to a destination country of which they are not usual residents or where they do not possess nationality in order to settle as permanent residents. Commuters, tourists, and other short-term stays in a destination country do not fall under the definition of immigration or migration; seasonal labour immigration is sometimes included, however.

<span class="mw-page-title-main">Illegal immigration to the United States</span> Immigration to the United States in violation of US law

Foreign nationals (aliens) can violate US immigration laws by entering the United States unlawfully or lawfully entering but then remaining after the expiration of their visas, parole, or temporary protected status. Illegal immigration has been a matter of intense debate in the United States since the 1980s.

Opposition to immigration, also known as anti-immigration, is a political ideology that seeks to restrict the incoming of people from one area to another. In the modern sense, immigration refers to the entry of people from one state or territory into another state or territory in which they are not citizens in contrast, but closely correspond to emigration which refers people leaving one state or territory in which they are citizens. Illegal immigration occurs when people immigrate to a country without having official permission to do so. Opposition to immigration ranges from calls for various immigration reforms, to proposals to completely restrict immigration, to calls for repatriation of existing immigrants.

Illegal immigration is the migration of people into a country in violation of that country's immigration laws, or the continuous residence in a country without the legal right to. Illegal immigration tends to be financially upward, from poorer to richer countries. Illegal residence in another country creates the risk of detention, deportation, and/or other sanctions.

<span class="mw-page-title-main">Immigration to Greece</span> Overview of immigration to Greece

Immigration to Greece percentage of foreign populations in Greece is 7.1% in proportion to the total population of the country. Moreover, between 9 and 11% of the registered Greek labor force of 4.4 million are foreigners. Migrants additionally make up 25% of wage and salary earners.

<span class="mw-page-title-main">History of immigration to the United States</span>

The history of immigration to the United States details the movement of people to the United States from the colonial era to the present day. Throughout U.S. history, the country experienced successive waves of immigration, particularly from Europe and later on from Asia and Latin America. Colonial-era immigrants often repaid the cost of transoceanic transportation by becoming indentured servants in which the new employer paid the ship's captain. In the late 19th century, immigration from China and Japan was restricted. In the 1920s, restrictive immigration quotas were imposed but political refugees had special status. Numerical restrictions ended in 1965. In recent years, the largest numbers of immigrants to the United States have come from Asia and Central America.

Immigration to Malaysia is the process by which people migrate to Malaysia to reside in the country. The majority of these individuals become Malaysian citizens. After 1957, domestic immigration law and policy went through major changes, most notably with the Immigration Act 1959/63. Malaysian immigration policies are still evolving.

<span class="mw-page-title-main">Open border</span> Border that enables free movement of people between jurisdictions

An open border is a border that enables free movement of people between jurisdictions with no restrictions on movement and is lacking substantive border control. A border may be an open border due to intentional legislation allowing free movement of people across the border, or a border may be an open border due to a lack of legal controls, a lack of adequate enforcement or adequate supervision of the border. An example of the former is the Schengen Agreement between most members of the European Economic Area. An example of the latter has been the border between Bangladesh and India, which is becoming controlled. The term "open borders" applies only to the flow of people, not the flow of goods and services, and only to borders between political jurisdictions, not to mere boundaries of privately owned property.

<span class="mw-page-title-main">2014 American immigration crisis</span> Surge in immigration along U.S. southern border

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<span class="mw-page-title-main">Migrant crisis</span> Situation resulting from flows of immigrants to a country

Migrant crisis is the intense difficulty, trouble, or danger situation in the receiving state due to the movements of large groups of immigrants escaping from the conditions which negatively affected their situation at the country of origin (departure). The "crisis" situation is not the refugee numbers but the system's failure to respond in an orderly way to the government's legal obligations. Some notable crises are; European migrant crisis, English Channel migrant crisis and World War II evacuation and expulsion.

Immigration to the United States has many effects on the culture and politics of the United States.

Externalization describes the efforts of wealthy, developed countries to prevent asylum seekers and other migrants from reaching their borders, often by enlisting third countries or private entities. Externalization is used by Australia, Canada, the United States, the European Union and the United Kingdom. Although less visible than physical barriers at international borders, externalization controls or restrict mobility in ways that are out of sight and far from the country's border. Examples include visa restrictions, sanctions for carriers who transport asylum seekers, and agreements with source and transit countries. Consequences often include increased irregular migration, human smuggling, and border deaths.

Discrimination based on nationality is discriminating against a person based on their nationality, country of citizenship, or national origin. Although many countries' non-discrimination laws contain exceptions for nationality and immigration status, nationality is related to race and religion, so direct discrimination on the basis of nationality may be indirect discrimination on racial or religious grounds. Discrimination "against any particular nationality" is prohibited by the International Convention on the Elimination of All Forms of Racial Discrimination (CERD).

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Further reading