Les sans-papiers et leurs droits d'avoir des droits: une approche par l'éthique de la discussion

The aim of this article is to show that refusing to legalize the status of undocumented immigrants who have been long-term residents is a serious violation of human rights. The "right to have rights" ­ a term coined by Hannah Arendt and developed by Sheila Benhabib ­ should be construed first and foremost as the right to a legal existence. We take issue with consequentialists who warn that legalizing the status of undocumented aliens will encourage further undesirable immigration, for withholding legal status in order to deter illegal newcomers is neither efficacious nor just. We conclude that "selective" as opposed to "endured" immigration policies are ethically untenable.