The Ethics of Resisting Deportation

Can anti-deportation resistance be justified, and if so how and by whom may, or perhaps should, unjust deportations be resisted? In this paper, I seek to provide an answer to these questions. The paper starts by describing the main forms and agents of anti-deportation action in the contemporary cont...

Author: Birnie, Rutger
Document types:Article
Media types:Text
Publication date:2019
Date of publication on miami:11.04.2019
Modification date:16.04.2019
Source:Proceedings of the 2018 ZiF Workshop “Studying Migration Policies at the Interface between Empirical Research and Normative Analysis”, S. 2
Edition statement:[Electronic ed.]
Source:Matthias Hoesch/Lena Laube (eds.): Proceedings of the 2018 ZiF Workshop “Studying Migration Policies at the Interface between Empirical Research and Normative Analysis”, 191-214. DOI: 10.17879/85189704253
Subjects:Abschiebung; Abschiebungsgegner; Ungehorsam; Widerstand; Recht auf Widerstand; Pflicht zum Widerstand deportation; anti-deportation; disobedience; resistance; right to resist; duty to resis
DDC Subject:172: Politische Ethik
325: Internationale Migration, Kolonisation
License:CC BY-SA 4.0
Language:English
Format:PDF document
URN:urn:nbn:de:hbz:6-95189423503
Permalink:http://nbn-resolving.de/urn:nbn:de:hbz:6-95189423503
Other Identifiers:DOI: 10.17879/95189423213
Digital documents:artikel_birnie_2019_the-ethics-of-resisting-deportation.pdf

Can anti-deportation resistance be justified, and if so how and by whom may, or perhaps should, unjust deportations be resisted? In this paper, I seek to provide an answer to these questions. The paper starts by describing the main forms and agents of anti-deportation action in the contemporary context. Subsequently, I examine how different justifications for principled resistance and disobedience may each be invoked in the case of deportation resistance. I then explore how worries about the resister’s motivation for engaging in the action and their epistemic position apply in the specific context of anti-deportation action and consider in what circumstances there is not merely a right but a duty to resist deportation. The upshot of this argument, I conclude, is that the liberal state ought to respond to anti-deportation action not by criminalising disobedience and resistance in this field, but rather by creating legal avenues for such actors to influence deportation decision-making.