Immigration and Freedom

by Chandran Kukathas

Immigration control is a danger to equality because its pursuit threatens to undermine the egalitarian ethos of a free society, as well as to distort its institutions and ultimately make the sustaining of equality before the law attainable only inadequately, if at all. There are several reasons for this. Most obviously, immigration controls emphasize the importance of the differences among people, with a view to justifying the treatment of some more favourably than others. First, it means distinguishing insiders or natives from outsiders or foreigners—with a view to privileging the former over the latter. Second, it means distinguishing among foreigners, for immigration control invariably turns into selective immigration that prefers some kinds of people to others. Third, it means distinguishing among the citizens or residents of one’s own society, and privileging some among their number over others. No less importantly, immigration controls encourage the development of institutions, both within government and in civil society more generally, that distinguish among people on the basis of their nationality, and the traits that make some persons likely to be granted the freedom to immigrate. Immigration controls encourage or give succour to those elements in society that look to protect the privileged standing of some sections of society.