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Closing the Rights GapFrom Human Rights to Social Transformation$
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LaDawn Haglund and Robin Stryker

Print publication date: 2015

Print ISBN-13: 9780520283091

Published to California Scholarship Online: September 2015

DOI: 10.1525/california/9780520283091.001.0001

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PRINTED FROM CALIFORNIA SCHOLARSHIP ONLINE (www.california.universitypressscholarship.com). (c) Copyright University of California Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CALSO for personal use.date: 27 September 2021

The Morality of Law

The Morality of Law

The Case against Deportation of Settled Immigrants

Chapter:
(p.127) Chapter 6 The Morality of Law
Source:
Closing the Rights Gap
Author(s):

Doris Marie Provine

Publisher:
University of California Press
DOI:10.1525/california/9780520283091.003.0007

There is no internationally recognized right to reside in the nation of one’s choice, but there are strong arguments for accepting the fact of non-citizen residence as grounds for some of the rights citizens enjoy under domestic law. International human rights treaties suggest a way forward. These instruments spell out basic economic and social rights associated with human dignity, including the right to own property, to earn a living, and to quiet enjoyment of family life. The task is to persuade decision makers to extend these rights, through domestic law, to settled non-citizens on human rights grounds. This type of transformation is underway in the United States and some other nations, precipitated by conscious raising, publicity, political pressure, and lawsuits.

Keywords:   Settled but unauthorized immigrants, Common law, Forgiveness, Right to repose, Domestic law

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