Powered by OpenAIRE graph
Found an issue? Give us feedback
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/ SSRN Electronic Jour...arrow_drop_down
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
SSRN Electronic Journal
Article . 2015 . Peer-reviewed
Data sources: Crossref
versions View all 1 versions
addClaim

'Illegal' Migration is Speech

Authors: Morales, Daniel;

'Illegal' Migration is Speech

Abstract

Non-citizens must comply with immigration laws just because citizens say so. The citizenry takes for granted its monopoly on immigration control, but the legitimacy of this arrangement has been called into question by cutting-edge political theorists. One prominent theorist argues, for example, that basic democratic principles require that non-citizens living outside the U.S. have a say in the formation of immigration law, since they must obey it. For the first time, this Article provides a legal response to these political theory developments, assimilating them, along with the facts on the ground, into an account of “illegal” migration as First Amendment speech.If non-citizens’ voices are unjustly excluded from the immigration law conversation, then “illegal” migration is speech of necessity — there is no other way for non-citizens to be heard. Protest speech occurs every time a migrant crosses a border without permission, and every time a non-citizen chooses to overstay a visa: these defiant actions declare the illegitimacy of immigration law. In turn, the individual speech acts of millions of “illegal” migrants help to foment an immigrants’ rights consciousness, and enable groups of migrants to engage in core, protected forms of dissent, like marching in the streets shouting “NOT ONE MORE DEPORTATION” — and tweeting #Not1More.By speaking in these disruptive and unorthodox ways, the undocumented force the citizenry to grapple with the serious constriction of non-citizens’ lives that immigration laws cause. If these millions of protesters had respected our immigration laws by staying at home, pining for — but failing to seize — a better life in the United States, citizens could not know concretely how immigration laws limit non-citizens’ lives, nor learn whether our legal and political system is resilient enough to accommodate millions of people the citizenry did not ask for. Thus, “illegal” migration makes the immigration law conversation more consistent with American free-speech values than it would otherwise be.

Country
United States
Related Organizations
Keywords

Deportation, Amnesty, Undocumented Immigration, First Amendment, Habermas, Immigration Law, Law, Legal Theory

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
bronze