56
Introducing ‘unwanted’ noncitizens
Two systemic responses suggested by theorists to address this situation for
irregular immigrants are Joseph Carens’s ‘firewall’,63 creating an administrative
barrier between migration enforcement and public services, and Christina
Boswell’s ‘benign neglect’,64 whereby the State turns a blind eye to its irregular
immigrant population. Measures like this could be vital to helping some people
in the interim, but more is needed to respond to the more fundamental problem
presented here.
Carens’s firewall means that a State can at the same time consider some
persons to be ‘unwanted’ and their claims illegitimate, while providing for those
persons’ needs. Boswell’s ‘benign neglect’ is based on what she describes as the
State’s source of effective legitimacy:
… the state mobilizes loyalty and compliance through guaranteeing its
citizens privileged access to certain political rights and socioeconomic
goods. Even though states are not always able to guarantee this privileged
access in practice, their legitimacy remains contingent on (at least symbolic)
attempts to do so.
The firewall and the policy of benign neglect are important for ensuring access
to capabilities now, but they do not contest the methodological citizenism
directly (and perhaps this is also what makes them such important interim tools).
They offer interim ways to make the implications of citizenism less brutal.
This book does not contest that there may be special claims for citizens, but it
argues that there are also different special claims for noncitizens. While it is
crucial to advocate ever more access to humanitarian protections and to citizenships, to more exceptions to the overarching assumption of exclusion more
generally, it is also necessary to continue to challenge it.65 Even if every individual alive today were allocated some citizenship or quasi-citizenship status
that was satisfactory to her/im; even if all individuals could satisfy their basic
and even less basic physical needs using a combination of citizenships, quasicitizenships and firewalls; the possibility of completely excluded noncitizens
renders the liberal democratic framework as currently interpreted, theoretically
unjust, and likely to be unjust in practice as well. The reality, in which people
are in fact experiencing utter exclusion/expulsion, makes this theoretical problem
urgent to address.
Irregular immigrants and stateless persons provide a paradigmatic example of
how rights, usually presumed to be held by all, are also believed to be legitimately
63 Joseph Carens (2008) ‘The Rights of Irregular Migrants’, pp. 163–186 in Ethics and International Affairs 22(2).
64 Christina Boswell (2008) ‘The Elusive Rights of an Invisible Population’, pp. 187–192 in Ethics
and International Affairs 22(2).
65 I am not suggesting advocates of the firewall or banal reject are not troubling the status quo, but
am arguing that I do not think that these approaches solve the specific problems raised in this
book.
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