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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

(p.127) Chapter 6 The Morality of Law
Closing the Rights Gap

Doris Marie Provine

University of California Press

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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