ABSTRACT

At the end of World War II, a new regime of international governance established universal standards for the rights of all people. Shortly thereafter, the political philosopher and refugee Hannah Arendt articulated a paradox that logically undermines the actual rights of migrants. Liberal states grant rights to their citizens as members of a political community sharing certain norms and obligations. While the international human rights system expands this theory of social contract to encompass all countries, it does not represent a global political community with the authority to protect its members. Its normative framework of human rights must be translated into civil rights to have legal power. Without the protection of their countries of citizenship, Arendt pointed out, non-citizens must rely on the moral claim of human rights when they are treated unfairly. The failure of states to recognize consistently the fundamental rights of migrants has only become more apparent as the forces of globalization have accelerated human mobility. This chapter explores the implications of this “migrant rights deficit” and describes efforts to overcome it through activism, organizing, and advocacy.