Discriminating Borders: Nationality, Racial Ordering, and the Right to Exclude

Abstract

State borders allocate access to basic goods, opportunities, rights, and protections along lines of nationality, race, and gender. However, the discriminatory effects of state borders rarely appear as an issue in the self-understanding of liberal-democratic societies and their political theorizing. In this paper, I explore how the category of nationality has been and continues to be used to exclude people who have been negatively racialized by European colonialism. I draw on a number of studies that reconstruct the colonial history of states' claims to authority over people's movements and over the composition of their populations. The idea of territorial nationalities allowed nation-states, in particular those emerging from the settler colonies and metropoles of European empires, to continue practices of racial ordering without using explicit racial categories. With the help of these studies, I criticize liberal nationalists such as David Miller for appealing to the value of national identities to support a right of states to exclude would-be immigrants. I suggest that using genealogical and phenomenological methods allows us to undermine the default authority that is often accorded to the category of nationality.