In Defense of the Right to Exclude

This chapter offers a moral defense of the right of states to control immigration, or what is known as the right of exclusion. It argues that legitimate political states are morally entitled to unilaterally design and enforce their own immigration policies, even if these policies exclude potential immigrants who desperately want to enter. This argument is based on three core premises: legitimate states are entitled to political self-determination, freedom of association is an integral component of self-determination, and freedom of association entitles one to not associate with others. Based on this reasoning, the chapter suggests that legitimate states may choose not to associate with foreigners, including potential immigrants, as they see fit. It explains why legitimate states are entitled to political self-determination by recalling the controversy surrounding the Nuremberg Trials.