The Practice and Legitimacy of Border Control

Abstract

This article interrogates the widely held, but rarely defended, view that states wield legitimate power over potential immigrants when and because they refrain from violating their human rights. I reconstruct a strong argument for this view, which turns on a claim about the limited power states claim over migrants. Drawing on recent empirical work, I show how this argument is inapplicable to the border regimes of a set of wealthy democracies. These regimes are characterized by a practice that is coordinated and extraterritorial in a way that undercuts the case for holding them to a minimal legitimacy standard. By participating in this practice, these states wield significant power over potential immigrants. I argue that this power exposes potential immigrants to novel risk, which in turn triggers a demand for the satisfaction of a higher standard of legitimation.