Better but Not Enough: On the Limitations of Reformed Temporary Labor Migration Programs

Every year, millions of workers take advantage of employment offers abroad, which would not have been available to them in the absence of Temporary Labor Migration Programs (TLMPs). For many of these workers, these programs provide the opportunity to considerably increase their earnings for a short period of time before returning to their country of origin. This yields significant positive benefits. Temporary migrant workers tend to send a high proportion of their salary home to provide for their family, and this redistribution of global wealth is a weighty positive as a matter of global justice. They therefore appear to be a way of both promoting global justice and advancing the interests of migrant workers themselves without risking the political backlash within the host state which might be engendered through higher levels of permanent migration (Chang 2002; Song 2016, 141). But these schemes have also been subject to serious criticism. Some of this criticism focusses on the reduced package of political rights typically afforded to those employed under TLMPs compared to citizens, or on the difficulty of enforcing formal employment rights given the vulnerability of temporary migrant workers to deportation (Sager 2014; Stilz 2022; Walzer 1983). Others argue that temporary migrant workers are subject to exploitation by employers in the host state (Attas 2000). Discussion of TLMPs often focusses on a trade-off between rights and numbers; extending more rights to temporary migrant workers reduces the economic and political rationale for the schemes, and is thus likely to lead in a reduction in the numbers allowed to enter the country on these programs (Ruhs and Martin 2008). Faced with these competing demands, some philosophers and political theorists have proposed reforms designed to square this circle, retaining (at least some of) the benefits of TLMPs while incorporating changes which assuage these criticisms. Lenard and Straehle (2012) have argued that the problem with TLMPs is that temporary migrant workers are subject to power over which they have no control, and propose that to be permissible TLMPs must be reformed to provide a path to citizenship for workers (in effect abolishing programs in which workers are required to leave after a certain period of time). In a different vein, Bauböck and Ruhs (2022) have argued that TLMPs can be justified if they are characterized by the “fair representation” of the interests of workers and other parties in design and operation and also meet democratic conditions of legitimacy. In such conditions, they suggest TLMPs may generate “triple benefits” for temporary migrant workers, and origin and host states. are of the to a for that TLMPs to be and reforms which on the of temporary migrant workers within the host would be a on the that of these reforms are to TLMPs not the to which temporary are In the while Lenard and to provide a path to citizenship for those in TLMPs workers rights a of on workers the rights of by host on this they are not their political by on the that they in of This of also them subject to exploitation by the of argued for by Bauböck and This least that that migrant workers not between the of origin and host the of on is and to leave workers without in the This is the of in this not in the political opportunity for workers to and their They are to be by over which they have no formal control, and which be to their the on them by the by Bauböck and Ruhs be and that be of by the of TLMPs and some of the on of their of both and global justice. This that the significant to TLMPs is that those in them are subject to or exploitation by of a of formal political rights or the difficulty in enforcing rights or employment In Lenard and that TLMPs can be justified if they provide a for temporary migrant workers to political rights after a period of time in the host and argue that workers subject to and exploitation on this In to the “fair representation” by Bauböck and Ruhs and argue that this also workers subject to power over which they have in the that to argue that the available within a of is to the of a of must also certain and rights as This is with to some suggest that and exploitation also be as within this of TLMPs may the in a and which to them must also to which meet this of TLMPs are by in to of of the without permanent They as schemes of migration for that conditions of and to and which the of time workers can within the country and the in which they can of programs can and they can provide to different for a of some programs with more rights to workers in while to workers in with of as and through TLMPs are not are some typically for some as been for rights to temporary migrant workers, for to provide through which workers can these and for a Stilz Walzer 1983). in such schemes, often been to a for the of their and their formal have to a significant the of the rights of workers to the employers with and workers have been to conditions and of by the the and the and Martin these and other have not the of temporary of TLMPs which these are not to For the of this on those TLMPs they workers to leave the of their period and not workers political employment and rights to workers and have some of enforcing these is not that such schemes provide workers the opportunity to to in the host country with But on the that the TLMPs under and the of employment rights to which meet these conditions have some benefits. significant of these is that they appear to be a for promoting global justice through employment and the of temporary migrant workers to in origin and Ruhs is often that the that migrant workers send to in their of origin the by and that are higher workers are compared to those have and are to with and the of for Migration these is a of many temporary migrant workers, to in while abroad, and in the and political of the host state and This is given the that these can as the by temporary may the available in the origin of and and and Straehle of benefits those in the origin which may also the temporary while TLMPs also the or of those to for without 2016, and have argued that been to the to not those to also to the on those have migration that have no to the of their or to the origin their as of a to their and In the absence of these of would be the of significant to the conditions of workers in have such is that the formal rights which workers are have no In workers are their to in the host those workers have a serious to conditions, or or other of is that workers are afforded the employment as and have their rights by they rights which leave them subject to and Straehle 2014; Walzer 1983). political is argued that temporary migrant workers are subject to political over which they have no is also argued that least some TLMPs take advantage of and are as such (Attas of a more package of may a significant reduction in the of available through for workers to their rights increase the to employers of temporary migrant some political rights would be in many host states. But while this trade-off between numbers and rights is as to a of TLMPs by many political philosophers have to the benefits of these programs while incorporating within them for In the of the of these of these is by Lenard and Straehle Lenard and Straehle take the as as the benefits of and their the that the exploitation by some temporary migrant workers is a of such to the is the that this exploitation is a of the of political rights in of those over power is are to have some over In many they not have a in must with the of the host not the to in and as they are afforded the that are to they they are TLMPs have often been in this as rights have been the of the economic and political of But rights are justified if they are to the conditions of the of and their to the workers, is are to exploitation and their of political rights them to a within the of them as political rights for Lenard and Straehle argue that that TLMPs take they as the of migrant to employment and citizenship in the host the take the of migrant workers for the of TLMPs as that would be their if citizenship the of a of the host state to in TLMPs would this and would the vulnerability to and exploitation to which temporary migrant workers are subject by that those are to the power to the to which they are would also be that those workers not to for citizenship a a Lenard and Straehle argue that workers in TLMPs be to of the host country after a period of Lenard and Straehle the of programs as they are of the to the benefits typically with they the that the to citizenship to temporary workers such programs for and which schemes for workers and a high on which on temporary workers, such as likely that the proposed would the of workers employed in this is not to is that TLMPs be if workers not a or if they employment these rights are significant to those benefits. Lenard and to a serious to a weighty of Temporary workers are in a of vulnerability by of their of political and a path for them to such rights reduces this the that would be engendered through Lenard and proposed suggest that this is not to these programs this that the TLMPs as and argue that to citizenship on in is and that for TLMPs to be they must provide migrant workers with the of citizenship is a for temporary programs to be as of 2016, might be of as temporary with the not to on the of the to the of the to in certain of which the the to citizenship and a of economic within the Lenard and Straehle not their in these a in which workers the opportunity to after a period of within the host state a the opportunity is on the of the temporary and is if the of that are of in migration are for as permissible for to those they a that the for this can be and is over the of to those of serious or to that be to a for a certain period of time before for permanent might that are justified in with in that those meet certain such as and for and that the and the between and suggest the proposed is This is for to the of migrant workers to citizenship by of this host and workers TLMPs can be to be those workers to by them or and enforcing that to for citizenship on a period of is be a matter of as a matter of to the might have no to the to citizenship or of the rights with But that is in the host state and is within the period which they are required to their to those rights in as the of their the of those rights on their of that and the host state no for them to without to in with the of the is not in to to to the that the between the state and a to that state no state may which can be in this that must be with with a different of that those by the This been a of a for and the of in that to which are of that to these political rights they the period of would be to to to these might to this problem by extending political rights over with rights for problem might if a migrant their a of the required period of they the rights they have to that or they those rights to have to the rights to in or for They those rights by citizens, and thus appear to be the of the migrant workers not be to be these rights over time in with their to they would be these which be they their required of enforcing the would be to the which migrant workers have in their time as which not or on the of a and which may not the for different workers in different power of the state over the migrant is not by of that their to in a can that least some temporary migrant workers are subject to the of the host to a to on in certain with that by a state or by way of for a to be on is that can be without by those subject to of required for is to the of the of with the power by subject to those subject to that power are not to the by the that they also have the to to political which the of the state the state must be to to these in certain the of must political the of must be in the the formal to must and their of political some migrant workers have power to the state to their the to workers, or those in of may to that host are to the interests of those workers, may also have by of their workers not be by these But this is likely not for the of migrant workers, many workers for as their the to to those of TLMPs This is that workers are subject to exploitation the period in which they are political of can exploitation as in the power by the the vulnerability of for their as the which can be such a This of exploitation the to some other of TLMPs (Attas exploitation not in of a of that a of and are to a of exploitation over competing least to the of the in the which TLMPs on are often which are to the benefits of workers are of TLMPs appear to be of that if the exploitation is in the on the in which workers can in the host the of their in that considerably higher if they (Attas a the that of exploitation is not by of the of to the of power between the For the of that workers take employment to which they have to TLMPs in conditions which are not themselves that those workers are by of the of power between the and the for they might while they are in the host state not to for citizenship In this the benefits that the state and employers the of workers to in to to for citizenship can be as a that a of and that for workers the of increase with the of their as their for political these a certain those workers can be to be in a of with their and they are on their by employers and the state workers in this is not to the of workers to in the to the power engendered by the of the of TLMPs a vulnerability for workers before they to for citizenship the conditions for that vulnerability to be advantage in TLMPs is different to the on to to a for a certain period before to permanent or on a to as a for the of their In of the is a of is no a of a In suggest that not workers, as the the conditions within which workers must for some within the This they in this But of the of the state on the of exploitation and on that to as the of the of which as as the the state in that not on of on that with some such this be this of might by as that the is a of TLMPs and that as workers are conditions, the to a and some to between they not be subject to exploitation in their employment in the host For this of the But while may provide a for workers to to the of by the they may they must for some to political rights to in the Some may not to political for that the of TLMPs reformed as Straehle and Lenard suggest this of for and not provide a of to other of to This exploitation is weighty the exploitation might not the benefits of for global justice. the of power and the of are by the state through of that the state a more to to for to a or more is to that in this way TLMPs be for that that this many in this is a weighty to the of the of that to TLMPs for TLMPs been by Bauböck and Ruhs on this can be justified they are as to a of “triple benefits to workers, host and origin states. can to their of global justice in a way with their of justice. these conditions can the benefits by of and Ruhs design is on this to generate Bauböck and Ruhs argue that TLMPs these they of “fair representation” for the interests of not the of temporary the political of host as Lenard and Straehle Temporary migrant workers can be if they are as subject to the in these host as they their citizenship in their origin state they are in a of of the interests of parties which and TLMPs have been in the interests of the host to and conditions on would that TLMPs are in which are also to workers and origin states. Bauböck and Ruhs TLMPs to for a which not on to the of workers to in can the conditions for workers to their in with other must be in a of for to meet this they must the rights of and that is They must also the global justice of to for to in temporary migrant within that But Bauböck and Ruhs argue that of democratic are also of must interests and Ruhs and must of the and of TLMPs must take the interests of parties conditions of which the which the of TLMPs a effect must also those subject to the (in which their levels of with a of Lenard and Bauböck and Ruhs not that temporary migrant workers must be a path to they that the of their within the host a to political rights the citizenship is for take in the and Ruhs This them with some political power within the the rights that origin must to provide temporary with political and the of and temporary political of and some of the of temporary migration would no be available to TLMPs which with these and which are by in which the interests of parties are not be They between the interests of those and be a of between of and global justice. But Bauböck and Ruhs such programs meet a of their with Lenard and this some on the a by which the conditions of those in temporary migration are likely to be also to the of the interests by those to their origin which may to be in Lenard and these without the political of temporary migration schemes, and thus without the of advantage of the conditions and may But this of workers without over the of by which Bauböck and Ruhs propose the interests of migrant workers to be these is through representation” by such as rationale for this is that not have their to them and are to time and for them other of and Ruhs But argue that this of representation” the conditions for a of to and for this to the of the proposed of Bauböck and Ruhs suggest that in for the of their to be for the “triple to be of which and for these of is They suggest that such as the as of these with as the of the interests of temporary migrant the conditions of by the those be to that the interests of migrant workers are in and rationale employed by Bauböck and Ruhs for this is that migrant workers have or in or in or political to the of their their of political rights in the host state and to to the origin state are likely to the of This to with the of migrant workers, many of to as as their in the host state and not in the political of that state and for Bauböck and Ruhs some of representation” the available the to a more of are But is that these a to a in which is not required or that a of this can the interests of Bauböck and Ruhs that the interests of temporary migrant workers is a and they suggest to the of and the of the may the or some other of with the given the by Bauböck and Ruhs might that this of is not for the to be is to that the of this of are the interests of workers are not in the Bauböck and Ruhs those workers be subject to They be by of subject to a of over which they have no of TLMPs leave workers subject to the power of employers and host and to these which to their interests to as in this In of the of in that such of the they and that the power of the as as the of the they other with a to with the of the in to the interests of the the and that suggest that the proposed by Bauböck and Ruhs leave workers subject to the rationale for this and in the that in the of is not But justified of the subject to power have the to in the and of their between these is the of in which might that the interests of can be and by are subject to the power of and are not their to the on those by the state to are not they are to be not interests may be through But the of temporary migrant workers is as these workers not the to in the and of their temporary migrant workers have this in to and are to be the of of of the of by those by and for those to the political which would them to in of for of temporary migrant workers must a on the of these that This is TLMPs be reformed to or these Lenard and would have this as workers would have higher to in the of these programs if they political rights in the host state and may to to some the interests of temporary migrant workers these rights they have citizenship such a of would with least the likely reduction in available for temporary migrant But if the are serious as to the of in the of would have a in of some reforms which this and the of temporary migrant workers for political on the that this is not of must provide by which and can be and and for that to be the of workers that many temporary migrant workers may have in in or not of for the and of temporary migrant workers are to and which a to to the of their interests without high would the to and the that reformed TLMPs might provide some for workers to in not be as that different and can the way their also that can themselves and that which and for this are to be and they to in the host they may in in the their This to the which is that if the of temporary migrant workers have in which their in TLMPs is a temporary their origin this some workers may have different of not that of a or of the interests as the and provide a for interests to be of not that of the they can often on levels of in formal and if a proportion of those in temporary migrant not of in the of workers may and the to as for the of the rights of temporary migrant these can to workers in if a in their as democratic can if have the of a of is the of the with that Bauböck and Ruhs are not the of which take on this suggest that may be to this to be of host origin and They also to have the to in and to workers the in a of and with and This both and the to trade-off different interests in which can be justified to the workers they to are the which these But is that be to the interests of those they to in and the of to workers and thus those if that the are to be in the interests of workers, Bauböck and through which they can be to of or to the interests of those they is on a is such are that the by those and by those can as of these the a or reduced to the and to their in which those that the is the by which the interests of temporary migrant workers are to be in the by Bauböck and the to them as as the to the of in the of those the also that workers have to the in which might their if some formal through which workers or this would not to that the the interests of those This is workers would the power to the of the that not to certain conditions as also to to and their is no which can between the interests which are to workers given and the by on their In the of not workers them subject to over which they have this not that TLMPs of this are not have argued is that both the argued for by Lenard and Straehle and Bauböck and Ruhs leave workers subject to is to that they may be the available and that the of more reforms would be in the is to argue that a of be as weighty in a or is and to a way of the of which be to TLMPs which have to the benefits of TLMPs while their both as they as on the and a would the of temporary migrant workers as as the of the host state in of justice. have argued that on of these TLMPs to lead to the of workers, and that this a to to these in this is to the more to argue that a of for temporary migration programs must more a of which on the is the must also take which for some to other in certain if programs more workers in a state of that they would to as In this the to programs while the of is to the of is a different by that the of TLMPs not lead to of those programs which justice by in that of for exploitation and as and to a more for for exploitation and over the be This is the this and not for this is that political and philosophers must be to provide to to between their both have would be on of the other But this is not the of to which political in such a is to more that is to the other as a is of the have such a is with both to more of and to the of as the rights of migrant workers and suggest that to be justified TLMPs must also the interests that workers have in not subject to or interests be as and as to the of or the of the of TLMPs those of in which these a are to and as of have a not to or to such This is as to be justified must the rights of workers, they of and In must be by their of the not to or be must as of state their and their of these in this way changes the of the trade-off between these and global justice as on this the to and is not the to global be as a of the which the within which such TLMPs are justified in the of the of those not justified in the of certain are to TLMPs may be as the least in in some this not be as of their TLMPs which not meet the of and must least a by which these programs to to these in the have of political that certain that are have in the more in the In this can and and them in a way that is may not be for and employers to which meet the of this not them to those are the high which the by Lenard and Straehle and Bauböck and Ruhs not and which must be the for TLMPs to be justified in the more But not that no meet the conditions of many of those have the to in with these and those be for those with to the that be In many these not as some temporary migrant workers not as on and many not in TLMPs have over the state to as the of the of are that they to those by the and in which may be for to have available to have not which that TLMPs are or have that for and TLMPs and This as a to be that other reforms to TLMPs can these not a may by in with their to the of in Some of these may be such as promoting and incorporating those formal workers a to and their interests and of to the of and may through those and may be through of and with which and to the of temporary migrant workers to a given the of of the to TLMPs to them these with some and that TLMPs to meet the of by a to the the and in a which this in for their on of this and for of and would to and for that and this also for this no of