The theological foundations of the right to migrate in Catholic social teaching

This paper argues that the current Catholic social teaching (CST) on the right to migrate can be better understood through its four theological principles: 1) the dignity of the human person, 2) the universal destination of the goods of the Earth, 3) Christian hospitality, and 4) the Lord’s command to evangelize. These four principles can offer a common ground for dialogue for Christians of all denominations. 

Despite the importance of the right to migrate, recent scholarship on Catholic migration ethics focuses on biblical studies and constructive theory. Very little attention has been given to the right to migrate, its limitations, and its relation to Christian tradition. In this paper, I will examine the current state of theological reflection on migration rights in CST. While examining recent scholarship, I will expound on the historical development on papal teaching on the right to migrate. I will argue that there is a lacuna in scholarship and an opportunity to specifically reflect on the right to migrate as posed by CST, particularly examining its theological foundations. CST promotes a right to migrate that is theologically grounded in Tradition and balanced with the need of regulation and security of borders. CST also prioritizes the right to not migrate, which means the more crucial right to pursue flourishing in one’s native community. 

When Pope Pius XII first argued for a right to migrate in a radio message in 1951 and then in the apostolic letter Exsul Familia in 1952, he based this right on the universal destination of goods, what he called “the nature of the land”. Later on, John XXIII picked up on the same right as he metioned it among the fundamental rights of the human person in the encyclical Pacem in Terris. He promotes this right on the grounds of the dignity of the human person while imposing a limitation to it by saying that migration should occur with “just reasons”. John Paul II affirmed the right to migrate in the messages to the world day of migration. He emphasizes that this is not an absolute right and it should respect the common good and the duty of the state to secure its borders. Pope Benedict reaffirms the same limitations to the right to migrate, while saying that the right not to migrate, meaning not be forced to migrate, has a priority over the right to migrate. Finally, Pope Francis confirmed the previous teaching while pushing forward the agenda for the United Nations compact on migration by offering a synthesis of Catholic social teaching on migration ethics that argued for a regulated and ordered migration. They also argued for the right to migrate on the grounds of hospitality and religious freedom. Every pope since Pius XII defended this rights while also imposing some limitation to it. There is an implicit adherence to the idea of a moderate state sovereignty and rule of law as essential elements of the common good of host societies.

Among the main theologians who recently have engaged with Catholic Social Teaching (CST) on migration are Kristin Heyer, Peter Phan, David Hollenbach, and Robert Heiumburger. Kristin Heyer's contributions to theological migration ethics prioritize a cosmopolitan approach to personhood, hospitality, and kinship, over sovereignty and citizenship. Criticizing the emphasis on Westphalian sovereignty, Heyer advocates for transnational governance, equal economies, and just migration policies. In examining CST, Heyer emphasizes the right to migrate within the context of hospitality, favoring a more lenient approach to migration policies. She does not offer a detailed analysis of the right to migrate. Instead, she prioritizes constructive ethics that articulates the dignity of the person and hospitality.

Peter Phan is the only theologian who has provided a detailed historical examination of CST on migration, starting from Pius IX. While highlighting Leo XIII's negative view on migration, Phan overlooks key points in Rerum Novarum and fails to recognize the personalist turn in John XXIII. He also misses the first mention of the right to migrate in Pius XII. His analysis of John Paul II lacks emphasis on limitations to the right to migrate, while mistakenly blaming Benedict XVI as the one who tried to curtail this right.

David Hollenbach focuses on the ethical implications of the refugee crisis and the Church's commitment to human rights and democracy. He acknowledges the development of the right to migrate, starting with John XXIII and the Second Vatican Council, but his analysis is incomplete due to the omission of crucial contributions from Leo XIII and Pius XII. Hollenbach critiques the sovereignty of the modern state and recognizes the importance of personhood in protecting refugees but does not delve into the theological foundations and limits of the right to migrate.

Robert Heimburger examines the Christian approach to migration ethics, particularly addressing illegal migrants. He traces church teaching on migration to Leo XIII but inaccurately attributes the origin of the right to migrate to both Leo XIII and John XXIII, overlooking Pius XII. Heimburger's interpretation of John Paul II as the main advocate for the right to migrate is imprecise; he emphasizes the right of the family as the main justification, overlooking other key aspects highlighted in later CST documents. Finally, Heimburger does not give sufficient importance to the principle of the universal destination of goods, which serves as the foundation for the right to migrate according to Pius XII and subsequent popes.

In conclusion, this paper claims that the current scholarship of Catholic migration ethics should give more attention to the right to migrate, its limitations and theological foundations. Furthermore, there is very little engagement with the sources of Christian tradition. For this reason, it would be insightful to expand the understanding of the right to migrate in conversation with earlier sources of theology as church fathers and late scholastics, who dealt with issues of human mobility with theological reflections.