ABSTRACT
This paper argues that most prominent normative theories on immigration neglect a critical dimension of the migratory phenomenon, a neglect that blinds them to important rights that, under some circumstances, immigrants ought to have as a matter of justice. Specifically, the paper argues that these theories fail to appreciate that the children of immigrant families, regardless of whether they were born in their parents’ country or in the host country, should benefit from educational rights addressing needs that are particular to their situation. These children may be forced to move between these two countries. This situation generates an obligation for both states (‘receiving’ and ‘sending’) to act jointly to provide educational opportunities so that these children are fully conversant with both cultures and in both languages. Put succinctly, then, we argue that since children of immigrant families lack any certainty of permanent residence in the host society owing to the threat of deportation and the precarity of their legal status, host and home societies bear the duty to offer an education that allows them to be functional in both societies.
