“Sovereignty” seems to have become the most common argument in favour of placing restrictions on the entry of aliens at the borders. Nativists often use a variation of the above by staying “since it is my country then I am free to do whatever I want”. And unfortunately whenever the above sentiment is made explicit it often end the conversation; it goes unchallenged. Is it really that simple and that clear that a sovereign state has the right to infringe on the rights of others?
Let us subject the above “argument” to some cursory analysis, shall we? Let us assume that a New York citizen agrees to hire 10 Asians to help with the farm work. Does the state have the right to prevent entry to those with whom he has freely signed a contract? Isn’t such interference by the state as much of an infringement on the rights of one of its own citizens as much as it is an interference with the right of the imported labour? I always thought that the purpose of the state is to protect the rights of its citizens and not violate them.
Another issue to consider is that of natural rights. We all know that the US declaration of independence is essentially based on the natural rights ideas promulgated by Locke. All individuals possess the same natural rights, whether citizens or noncitizens. This implies that the state should enforce the laws equally but does not have the right to discriminate; aliens should be held to the same standards as all other citizens but not to either a higher or a lower standard. To do otherwise is nothing short of veiled discrimination.
When the US Supreme court and many of the state supreme courts, such as New Jersey and Texas, declare school funding programs that rely solely on property taxes unconstitutional they are in essence striking down discriminatory zoning laws designed to keep the riff raffs out of certain school districts. But aren’t these illegal measures just as offensive as the arbitrary laws of excluding aliens from residing in a country? When we commit any of the above are we not acting like the lords of the manor?
Many will agree with the gist of the above and others will object vehemently to what is being said. That is to be expected and a civil dialogue about the rights of immigrants will benefit all of us.