Why Jose Antonio Vargas Matters: Making Human Rights Real

Post by Nathan Smith (see all posts by Nathan Smith)

I largely agree with what Vipul Naik writes about Jose Antonio Vargas and the Define American project. Philosophically, Vargas isn’t really a fellow-traveler of Bryan Caplan, Vipul Naik, and myself. He seems to still buy into arguments from the other side– as Vipul puts it, “people don’t have a right to immigrate, but once they’ve done so, they acquire various rights and privileges, and become part of the moral sphere of natives.” His position seems ultimately unstable, though possibly that’s true of everyone in the immigration debate except the open borders crowd on one end and some extreme restrictionists on the other. In his defense, though– even if this doesn’t come through in everything he writes or says– the terms of his own project seem to recognize the weakness of his position. For example, from the “About” section of the Define American site:

Our campaign is about asking: How do we define an American? Why do people come to this country? Who are the American citizens who help them? When it comes to undocumented immigrants, what would you do? As a teacher? A friend? A mother?

Define American, with your help, will answer those questions.

So Vargas isn’t saying that he has the answers; rather, he’s asking for help from… well, from whoever the audience of Define American is supposed to be… to find them. Maybe we’ll win him over to the open borders cause at some point.

More importantly, there’s something I think Naik doesn’t quite recognize, namely, that Vargas’s project is well suited to evoke in people the moral intuitions that underlie the concept of natural rights, also known as human rights. Rights seem a bit metaphysically mysterious and plenty of honest people have doubted their existence. But it’s part of human nature that we can recognize when human rights are being violated, when we are close enough to the victims to feel human empathy for them. We see the wrong, we feel injury and indignation, we feel that something deeper and more sacred is at stake than a mere cost-benefit analysis could account for, and our attempts to express, to justify, to articulate that indignation perennially bring us back to the idea of human rights. Vargas’s site emphasizes stories. That’s just what’s needed, because stories bring us close enough to the victims to feel the wrong of what’s being done to them. That the victims whose stories he tells are far from the worst-off victims of migration restrictions is a secondary issue.

A story by a Canadian is a good example: Read more of this post

Selling Work Visas: Auctions or a Tariff?

Post by Alex Nowrasteh (see all posts by Alex Nowrasteh)

The post was originally published at the Cato@Liberty blog here and is reproduced with permission from the author.

Yesterday Professor Giovanni Peri presented an immigration reform plan that would auction work visas to employers. As I wrote yesterday, Peri’s plan would diminish the misallocation of current visas but not do much to increase the quantity of work visas. Since the real problem with America’s immigration system is a lack of work visas and green cards, Peri’s plan seeks to solve a rather miniscule problem by comparison.

Proponents of selling visas either support auctioning a limited number of visas to the highest bidders or establishing a tariff that sets prices but allows the quantity to adjust. An immigration tariff is far superior to an auction of numerically limited work visas. You can read my proposal in more detail here or listen to me explain it here. ADDED BY OPEN BORDERS: For a background on immigration tariffs, see here.

Here are three reasons why an immigration tariff is better than an auction: Read more of this post

Selling work visas

Post by Alex Nowrasteh (see all posts by Alex Nowrasteh)

The post was originally published at the Cato@Liberty blog here and is reproduced with permission from the author.

Professor Giovanni Peri today made an interesting proposal to auction work visas to the highest bidding employer. His reform is similar to an auction proposal made by Gary Becker, but more specific. His idea is innovative and deals with transitioning from the current maze of quotas, visa categories, and other barriers to a more open system that better allocates visas to the highest bidders.

The one problem with Peri’s proposal is that it does not meaningfully increase the number of work visas. The limited number of work visas, not the distribution, is the main problem with America’s immigration system. Instead, he calls for reallocating visas from families to the employment based category. He then wants American employers to bid for the limited quantity of work visas issued quarterly. A government commission would adjust the quantity and immigrants would be free to move between employers who purchase visas.

Economists like Becker and Peri are rightly concerned with how societies allocate scarce resources to different uses, but the scarcity of work visas is an artificial one created by the government, not one that results from a scarcity of the factors of production or other inputs. This is why there should be no numerical limits on the quantity of work visas issued even if they are priced. Charging for work visas is a substantial improvement over the current system, as I say here, here, here, and here. Most of the welfare gains come from allowing the quantity of visas to adjust to the price, not the other way around. An efficient visa selling process will operate more like a tariff than an auction. ADDED BY OPEN BORDERS: For a background on immigration tariffs, see here.

For normal goods and services, a rising price incentivizes consumers to limit their consumption and producers to increase production. A government commission tasked with adjusting visa quantities would face political rather than market incentives and not increase visas in response to rising prices. Unless the incentives are carefully aligned, the result would probably be a more arbitrary and numerically limited immigration system.

Another problem with Peri’s proposal is that it only allows employers to bid for work visas. Read more of this post

The Old Testament on Immigration

Post by Nathan Smith (see all posts by Nathan Smith)

It goes without saying that a passport regime such as we have today is unbiblical, in the sense that nothing like it is endorsed by either the Old or the New Testaments. Comprehensive control of entry and exit was not something states typically aspired to or even, I think, conceived of, before the 20th century. Such things weren’t around to endorse, or for that matter, to denounce. I would like to know the precise history of passport regimes and border controls better than I do, but I think I know it well enough to say that at least as far as controlling all points of entry is concerned, the migration policies of America in the 19th century (when no attempt at comprehensive control was made) were roughly typical, whereas 20th-century passport control (unfortunately universal today, at least as an aspiration of sovereign governments) is anomalous. In that lame sense, it would hardly be necessary to read the Bible to deduce that it supports open borders.

Critics would be right to find this argument unpersuasive. While past societies did not have comprehensive passport controls, they also lacked the fluid, prosperous economies, social tolerance, legal respect for rights, and general nonviolence that prevails in the democracies of the contemporary West. So while immigrants might enter a Greek polis or the Persian or Egyptian or Roman Empires without being prevented by the state, once there, they would be less safe from private violence, and might have trouble making a living, or integrating socially with the host society. There were no, or at most few, borders in the modern sense of invisible lines slicing up the world’s land which it was illegal for humans qua humans to cross without permission. But one’s rights and physical safety usually depended on being embedded in a physical kin-group or city-state, on having people who, so to speak, “got your back.” Migration wasn’t illegal, but it wasn’t safe either.

It is in this context which the Biblical texts on this topic in Deuteronomy must be read. We could deduce that foreigners could come and reside in Israel physically, as a side-effect of the lack of a passport regime before modern times, but this is also amply confirmed by the Biblical texts, which routinely refer to ”resident foreigners” and explain how they should be treated. But the Law of Moses also insists that resident foreigners be treated justly and fairly. Minutemen, e-Verify, and deportations are practices clearly forbidden by the Law of Moses. A textual study may start with verses like these:

Do not mistreat or oppress a foreigner, for you were foreigners in Egypt. (Exodus 22:21)

When a foreigner resides among you in your land, do not mistreat them. (Leviticus 19:33)

Cursed is anyone who withholds justice from the foreigner, the fatherless or the widow. (Deuteronomy 27:19)

Do not deprive the foreigner or the fatherless   of justice, or take the cloak of the widow as a pledge. (Deuteronomy 24:17) Read more of this post

Double world GDP versus scope insensitivity

Post by Vipul Naik (see all posts by Vipul Naik)

One of the things that puzzles me about immigration restrictionists is how minor the harms they think they need to establish from immigration to overcome the moral presumption in favor of immigration. Even for those who don’t have sympathy for the libertarian and egalitarian arguments for open borders, there remains an extremely strong utilitarian case for open borders, which includes the doubling of world GDP and the end of poverty.

One explanation for restrictionists’ reluctance to concede the strong utilitarian case is that there are various philosophical bases for anti-immigration arguments such as citizenism, territorialism, local inequality aversion, and nation as family, which fundamentally reject universalist morality and favor the interests of specific individuals.

In a blog post comment on EconLog, Evan offers a somewhat different explanation:

I don’t know what Bryan will argue, but I think you could make a good case by using “shut up and multiply” type arguments. I.E., immigration restrictions are such a horrible violation of ethics and liberty that they’re worth putting up with other violations in order to stop them.

I personally know that if I had a choice between the USA as it currently is, or a USA with no welfare state, but closed borders between states or counties, I’d pick the status quo. In fact, if I was forced to choose between doubling the size of the welfare state, or closed borders between states and counties, I’d probably pick the former. That indicates to me that closed borders are a monstrous injustice, and the only reason people don’t realize it is scope insensitivity, or by being lucky enough to not have personally been harmed by them.

Here’s a quick summary of scope insensitivity from this page:

Once upon a time, three groups of subjects were asked how much they would pay to save 2000 / 20000 / 200000 migrating birds from drowning in uncovered oil ponds. The groups respectively answered $80, $78, and $88 [1]. This is scope insensitivity or scope neglect: the number of birds saved – the scope of the altruistic action – had little effect on willingness to pay.

Is Evan on to something? I don’t know. I suspect that scope insensitivity is a real phenomenon in immigration debates, but restrictionists are often quick to point out numbers when it comes to talking about natives hurt by immigration. So, my best guess is that restrictionists employ selective scope insensitivity. Another possibility is that they are using the logic in Roy Beck’s gumball video to dismiss the gains from open borders.

Jason Riley’s solution to the US immigration policy disconnect puzzle

Post by Vipul Naik (see all posts by Vipul Naik)

Restrictionists in the United States often harp on one key aspect of the US immigration policy disconnect — specifically the part about how the immigration policies supported by US political leaders fall short of the preferences expressed by citizens for reduced immigraton. To open borders advocates, the difference may seem like a rounding error. But restrictionists are often quite exercised about the matter, and have come up with a variety of explanations for this, including ideological blindness and stupidity as well as self-interest accusations.

At a basic level, the complaint checks out: the US citizenry have preferred lower immigration levels than their political representatives. Setting aside whether this is a valid argument against open borders, it’s still interesting to ask why there is such a disconnect. My general theory is that when politicians support an unpopular policy consistently, the probable reason is that they know that the medium-to-long-term consequences of supporting the unpopular policy more than compensate for the short term damage. A politician might choose to turn a blind eye to illegal immigration because he/she thinks that the increased economic growth that would result from that, or the goodwill generated with immigrant citizens and their sympathizers, more than offset the unpopularity of the policies. Some of these benefits to the politicians are inherently zero-sum (more votes to one politician means less for the other) and don’t really constitute “benefits” of immigration in a global sense. Other benefits, such as greater economic growth, if true, do constitute benefits of immigration that the politicians may be able to see more clearly than their bosses at the voting booth (i.e., the citizenry).

Jason Riley, in his book Let Them In: The Case for Open Borders, provides a slightly different but compatible theory. Read more of this post

My thoughts on Jose Antonio Vargas and Define American

Post by Vipul Naik (see all posts by Vipul Naik)

Jose Antonio Vargas (life story) is an illegal immigrant from the Phillippines to the United States. Vargas is also a reputed Pulitzer Prize-winning journalist. In June 2011, Vargas outed himself as an illegal immigrant in the pages of the New York Times, and I learned about this when Bryan Caplan blogged about it. Vargas has also started a website called Define American, which “seeks to change the conversation on immigration reform.” Here’s his website and Wikipedia page.

Yesterday, I had the opportunity to attend a talk by Jose Antonio Vargas at the University of Chicago. UPDATE: Here is a news article about his talk and here is an interview with the author conducted during his visit for the talk.

Below are some of the thoughts I have about the talk and about Vargas’ views. [Caution: Since I didn't take written notes or tape the talk, I might have misremembered some of Vargas' statements]

  • Vargas spent a lot of his time talking about (illegal) immigrant rights, or about the plight of immigrants. But he spent very little time talking about immigration rights. Overall, his expressed moral philosophy seemed pretty territorialist — people don’t have a right to immigrate, but once they’ve done so, they acquire various rights and privileges, and become part of the moral sphere of natives. In Q&A, Vargas did say that he also supports expanded immigration rights for immigrants at all skill levels, but this wasn’t even mentioned (as far as I could make out) in his main talk. As the creator of the Open Borders website, I find the moral imbalance jarring. Of course, it’s possible that, as Bryan Caplan puts it, Vargas was simply engaging in understatement. But I wish he’d openly asked the question: Who’s worse off, somebody who foregoes the huge place premium of migration, or somebody who gets in, then has to put up with a low probability of deportation and harassment?

    In fact, the various videos that Vargas showed seemed, to me at least ,decidedly un-sympathy-inducing. He showed the video below (or some variation of it) to indicate the plight of immigrants:

    But in a world where large numbers of people are poor partly because of immoral restrictions on their right to migrate, the plight of the people depicted in the video hardly seems the worst thing in the world.

  • To be fair to Vargas, he did concede that he was better off immigrating to the United States. In fact, he admitted that both his mother and his grandfather agreed to have him sent to the United States, despite the risks of being undocumented, because they felt that even with those risks, he would have a better life in the United States than being documented in the Phillippines. And it seems, judging from his success as a journalist and now as an immigrant rights activist, that their judgment was correct. What Vargas didn’t do, though, was go the next step and say that immigration rights are a bigger issue than immigrant rights.
  • Read more of this post

Efficient or artificial? Restrictionists versus open borders advocates

Post by Vipul Naik (see all posts by Vipul Naik)

After reading books by both Krikorian and Riley, I am struck by the contrast in what they consider the natural/efficient state of labor markets to be.

Restrictionists like Krikorian view the “natural” state of the labor market as one with no immigrants. Thus, if large scale immigration increases the supply of labor in a particular labor market, Krikorian refers to this as an “artificially loose labor market” which he in turn blames for the suppression of wages of natives and slowdown in technological progress. This isn’t to suggest that Krikorian isn’t open to allowing immigration when it is helpful, but rather, he views any immigration as a distortion of labor markets that needs justification. Quotes are included below the fold.

On the other hand, moderate open borders advocates such as Riley, as well as more radical open borders advocates like Lant Pritchett, view local labor markets as inherently embedded in global labor markets, and the “efficient” state as one with relatively unrestricted labor mobility. To Riley, then, it is immigration restrictions that constitute a distortion of the labor market. Again, this is not to suggest that Riley would not be open to immigration restrictions under any circumstances, but rather, he would view them as a distortion of the labor markets that would need to be justified on other grounds. Quotes are included below the fold.

Is there a way of resolving the issue? Read more of this post

Krikorian and Riley: quick comments

Post by Vipul Naik (see all posts by Vipul Naik)

I’ve just finished reading Mark Krikorian’s The New Case Against Immigration: Both Legal and Illegal (Amazon hardcover) and Jason Riley’s Let Them In: The Case For Open Borders (Amazon ebook).

As the titles make clear, Krikorian (director of the “low immigration, pro immigrant” Center for Immigration Studies) wants immigration reduced, while Riley (a Wall Street Journal writer) wants it increased.

Nonetheless, I was struck by the similarities between the books:

Read more of this post

Unlawful Presence Waivers Are Not Amnesty

Post by Alex Nowrasteh (see all posts by Alex Nowrasteh)

The post was originally published at the Cato@Liberty blog here and is reproduced with permission from the author.

Under current law unauthorized immigrant spouses or children of U.S. citizens can gain lawful permanent residency (LPR) status if they return to their home country to apply at a U.S. consulate or embassy. The Catch-22 is that unauthorized immigrants who have lived here are barred from returning for up to ten years once they leave the U.S. The immigrant has to apply for an unlawful presence waiver to remove the bar, a process that could take up to 28 months, including appeals, separating the immigrant from his U.S. family in the mean time. Consequently, many unauthorized immigrants who could regularize their status do not take this opportunity.

The government is now asking for comments on a proposed rule change that would close part of that administrative Catch-22. Under the proposed rule an unauthorized immigrant could apply for and adjudicate the waiver before departing for interviews in consulates abroad, shortening the separation time between the immigrant and his family. Half of waivers are approved in seven days at the American consulate in Ciudad Juarez, Mexico. The other half can take years.

The waiver removes the bar on returning if the immigrant can show that “being separated from their U.S. citizen spouse or parent would cause that U.S. citizen relative extreme hardship.” Extreme hardship only applies to the migrant’s U.S. citizen spouse or parent, not to the immigrant himself or his U.S.-citizen children. Extreme hardship is determined by USCIS bureaucrats where relevant factors include the intensity of family ties, health, age, financial impact, and country conditions. Financial problems and the normal hardship of familial separations are not, by themselves, sufficient reasons to grant a waiver.

Even with those strict legal requirements, thousands of people could have their immigration status legalized. Read more of this post

Charles Murray and Immigration

Post by Nathan Smith (see all posts by Nathan Smith)

Charles Murray’s book Coming Apart says nothing about immigration, per se. Rather, it is about “the state of white America,” and in particular, about the separation of a new cognitive elite (“Belmont”) from a new underclass (“Fishtown”) with falling rates of male labor participation, high rates of out-of-wedlock births and single mothers, high rates of imprisonment, low rates of church attendance, and so forth. Murray alleges, with statistics to back up his story (though he has to fill in a lot of gaps with anecdote, speculation, and appeals to readers’ experience) a “segregation of the successful,” as smart people whom the university system has become increasingly efficient at discovering and bonding with each other sort themselves out and largely stop interacting with their under-achieving high school fellows or cousins.

The more homogeneous white America of 1963 that Murray looks back to with a certain degree of seeming nostalgia was the product of 1920s nativism, the New Deal, World War II, and in general, a couple of decades when collectivism had more influence in America than at any other time. In spite of his seeming nostalgia, Murray insists that he wouldn’t really want to go back to 1963: the “coming apart” that has taken place since then, however troubling, is a price worth paying for the innovation and variety that has been unleashed. I agree. Conformist egalitarianism is rather boring, stifling, stultifying. That was what the 1960s youth thought, more or less. That’s why they rebelled, for better and worse.

Here’s how Murray’s book connects to immigration. Nativists seem to want to reconstruct a lost national unity, or preserve what’s left of national unity, by excluding foreigners. Murray shows that national unity is unraveling without any help from foreigners. It’s unraveling at a time when the borders are far from open. It’s unraveling even among whites. It’s unraveling because people are different, and sort themselves out.

Read more of this post

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