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A commonplace assumption of migration law is the concept, sometimes called a rule, of inherent sovereign power. Accordingly, a state is said to possess an unbridled power to exclude any or all foreigners from admission into its territory. This assumption is trumpeted as a hallmark of the nation-state system and a foundation of national communities. It is, however, highly questionable, and arguably discredited by general practice and the writings of qualified publicists since the 17th century. In fact, states normally admit limited numbers of foreigners, not only out of self-interest but also for reasons of international cooperation, solidarity, and other motivations premised in opinio juris. Still, the inherent sovereignty rule labours on against the evidence, not so much among policymakers and busy administrators, who ordinarily know better, but among academic writers, who should know better. Unfortunately, the concept is not just academic. Instead, it shapes public understanding and discourse about human migration and contributes to unnecessarily restrictive paradigms within which national and international regulation of migration is moulded.
