ABSTRACT

This chapter appeals to freedom of association to defend a state's right to control immigration over its territorial borders. It argues for a presumptive case in favor of a state's right to limit immigration as an instance of its more general right to freedom of association. The chapter examines egalitarian and libertarian cases for open borders. It also considers the permissibility of screening immigrants based upon their race, ethnicity or religion. Egalitarians survey the vast inequalities among states and then allege that it is horribly unjust that people should have such dramatically different life prospects simply because they are born in different countries. Even if legitimate states have no duty to open their borders to the world's poor, however, surely it would be unconscionable for a state to slam its doors on people desperately fleeing unjust regimes. In a conflict between an individual's rights versus a state's right, a libertarian will typically argue that the individual's right should take precedence.