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Published online by Cambridge University Press: 30 January 2020
Chapter 5 considers the challenge presented by new threats to deport long-settled members of communities who do not formally enjoy the legal status of citizen, but rather are classed as “undocumented” or “illegal” migrants. These include the Dreamers, the Windrush generation, and those with Temporary Protected Status who have had that status revoked under the Trump presidency. I differentiate between five kinds of cases that raise some slightly different issues. I show why deportation for the long-settled involves grave injustices on a par with violating some of our most basic human rights. Evicting long-settled members would undermine legitimacy in several ways. Such actions threaten state’s rights to exercise power legitimately by undermining core internal, system, and contribution requirements. And I show why the arguments used in defense of community members’ alleged rights to continued occupation would be undermined by such evictions. In such cases, states may not claim a justifiable right to continued occupation nor can they claim that such a right entitles them to evict long-settled members of the community residing on that territory.
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