Germany is thinking about abolishing visas

Post by John Lee (see all posts by John Lee)

Open borders advocates may have some allies over in Germany. In January this year, Deutsche Welle published this story with the unassuming title German companies want fewer visa restrictions (emphasis added):

Visa applications take too long, representatives from German industry say. They argue that companies lose money when a foreign business partner cannot travel. And they have concrete proposals to reform the system.

A deal worth millions was almost closed at a German agricultural fair, but urgently needed visas could not be issued to the foreign business partner. The telephone number in the documents was wrong, so embassy officials couldn’t reach anyone.

This is not a unique case, according to Andreas Metz, a spokesman for the German business community’s Committee on Eastern European Economic Relations. He cannot understand why old rules are followed to the word.

The visa system is actually a relic of the 19th century,” Metz told DW. “Today, there is a completely different method to ensure security, namely through a biometric passport and computerized information, which impede travel less significantly.” He hopes that visa requirements will be done away with eventually.

The discussion about unrestricted travel is also being discussed at the government level. German Economics Minister Philipp Rösler is pushing for more freedom. He recently called for Interior Minister Hans-Peter Friedrich to give up his opposition to a more liberal issuing of visas.

The Interior Ministry’s main argument is security. The ministry is in favor of simplifying the visa application procedure, but it is against getting rid of visas. It has to ensure that aspects related to security and migration policy are preserved, the ministry said.

It seems difficult to believe that the German government is considering open borders via the abolition of visas. I’m not sure what exactly is being meant here by abolishing visas, since I can’t imagine the German government is eager to invite the entire world to live in its borders. (The article goes on to cite concerns about Turks and Russians unlawfully settling in Germany if visas are abolished.) Probably what’s being envisioned is that visitors would not require visas, so anyone can enter — but settling would still require a residency permit.

(By the way, talking of political externalities — Philipp Rösler is an immigrant from Vietnam who was adopted by a German family, so one can argue he has something of a vested interest in loosening border controls.)

This isn’t true open borders, but it’s one way to start down the road there. As the German lobbyist indicates, the modern visa system is only going to become even more out of place with the advancement of technology. I can still envision scenarios where a reasonable government would require visas: I can see the case for requiring visas from countries which are hotbeds for terrorism or organised crime. But modern technology makes the case for abolishing visas only more compelling.

“Brain drain” does not harm political activism: my experience, and open borders

Post by John Lee (see all posts by John Lee)

I just picked up my copy of the latest edition of The Economist, which had plenty to say about the recent elections in Malaysia (see this story, for instance). I’ve been asked to comment on this from an open borders standpoint — specifically, on how being a Malaysian living overseas has affected my ability to contribute to the political life of my nation. A common concern raised about open borders is that permitting migration more broadly might delay political reform in dysfunctional countries. I think I am well-placed to discuss this: this was the second Malaysian election in my adult life, and also the second I’ve participated in from overseas.

When I was a student during the last Malaysian national elections in 2008, I contributed financially to the causes I support. I also helped write campaign communications material, and I had no issues following the campaign from my university’s New Hampshire campus. Throughout the time I’ve been in the US, I’ve stayed abreast of Malaysian affairs, and for a few years, penned a regular column on Malaysian politics for a popular news website .

It’s actually remarkable how to a significant degree, online news and social media have made it easy to keep one’s thumb on the pulse of the zeitgeist. Sometimes readers would ask me how I knew what people were thinking or feeling back home, and it almost felt cheap to say that I just read blog comments or listened to what people were saying on Facebook. Of course, it also helped that I spent a few weeks at home whenever I had vacation time. This recent election, I similarly helped by donating money to the candidates I supported. Coincidentally, I donated to one of these candidates because another Malaysian currently living and working in Mongolia prodded me to, and offered to match my donation.

But beyond these basic things, which I could have done from Antarctica, I also plugged into the Malaysian diaspora in the US. There aren’t many of us here, but for the past 5 years in a row, I’ve helped organise a conference on Malaysian affairs in the northeast (and advised others as they began to organise similar gatherings in the midwest and west coast) — the Malaysia Forum. I organised and attended demonstrations in Washington, DC and New York City demanding a fairer political process.

I still remember how only a couple days after moving into my apartment near Washington, DC I was preparing a poster saying “Where is MY vote?” — a reference to how Malaysian policy then disenfranchised most citizens living overseas. I don’t think any of us at that demonstration outside the Malaysian embassy in DC less than two years ago expected that by this election, we would have the right to vote. And yet, our struggle came through. We were part of a global movement holding simultaneous rallies, in Kuala Lumpur and across the globe, for free and fair elections in Malaysia. At the same time I demonstrated in Washington, I had friends gathering and marching in London, Paris, Melbourne, Singapore, and Kuala Lumpur. The global synchronicity of it lent a powerful impetus to the movement; it was inspiring to Malaysians to think that scattered across our planet, there were Malaysian citizens sharing in the same struggle for democracy in our country. This election, I not only voted for the first time in my life at our embassy in Washington, but I also served as an election observer.

There is a concern that under open borders, people would flee dysfunctional countries instead of trying to fix them, this “brain drain” dooming these countries to failure in perpetuity. This concern is definitely applicable to Malaysia, and it’s something Malaysians openly wonder about and discuss all the time. (If you doubt me, come on over to next year’s Malaysia Forum and listen in.) The size of our diaspora perennially raises concerns that bad government policies are driving Malaysians away — which itself puts paid to the suggestion that emigration papers over domestic political problems.

Moreover, it’s not enough to suggest that apathetic Malaysians are disproportionately represented among emigrants as proof that permitting such migration is an issue. After all, there’s a selection bias going on: would the kind of people who leave Malaysia because they don’t care about it start caring about the country if immigration restrictions forced them to stay back? On the flip side, would the kind of people who love Malaysia but decide to leave it for other reasons stop loving their country?

I think these questions speak for themselves. But some further historical evidence unique to the Malaysian context: the overseas Chinese and Indian communities in Malaysia were extremely politically active in their homelands up until World War II. Sun Yat-Sen paid frequent visits to Malaysia to fundraise and organise, and Jawaharlal Nehru toured Malaysia to drum up political awareness. With a modicum of open borders, people were able to travel and so stay in touch with affairs of their respective homelands. Nowadays with the internet, there is absolutely no reason one can’t play an active role in the political life of one’s home, even from afar.

Another curious political event of note: the affiliates of the Chinese Nationalist Party (Kuomintang / Guomindang) and the Indian Congress Party in Malaysia eventually morphed into the Malaysian Chinese Association and Malaysian Indian Congress. Both went on to fight for Malaysian independence from the British, and remain influential Malaysian political parties today. It is not easy to classify political participation as an either/or thing.

Migration is a socially complex phenomenon. Not all who leave choose to do so permanently. Many return. Some stay. I have met many Malaysians in the US who, for various reasons, have wound up staying here and may wind up dying here. Perhaps their children will grow up as Americans rather than Malaysians (something I personally, at this point in time, can’t conceive of doing as a parent). But they have impressed on me their love for Malaysia despite spending years, if not decades, away from home.

There is no denying that living away from one’s homeland is tough, whether or not you have line of sight to eventually returning home. There are certainly things I could have contributed in this past election had I been home, instead of in the US. But I confess I do not see how forcing me to remain in Malaysia instead of being in the US would have made the political life of my country significantly better off. Neither do I see how forcing the thousands of Malaysians who have left the country to instead stay behind our country’s arbitrary borders would have made things significantly better.

Malaysia may be a unique case because we are a partially democratic country, and so overseas Malaysians have more opportunities to plug into the political struggles of our homeland. But neither pre-WWII China or India were democratic, and yet the Chinese and Indian diasporas stayed looped into the struggles of their respective home countries. One would not refuse refuge to someone fleeing North Korea. The US has open borders for Cubans who can make it to US soil, and Cuban-Americans continue to be vocal about the affairs of their ancestral homeland.

My suggestion is that political involvement primarily depends on how much you care about the issues at hand, not where you are. It might be that where you are affects your ability to hear about the issues, and thus how much you care about them. But that was not much of an excuse when the borders were open enough to let dissidents like Nehru travel, and it certainly isn’t much of an excuse now when we have the internet and Facebook connecting us to far-flung friends and family.

If anything, because of how it promotes exchanges of ideas and commerce, open borders arguably lends greater impetus to far-flung political movements: I earn far more in the US than I could in Malaysia, and can remit my income to Malaysian causes I support. The ideas I learn of in the US are ideas I can translate to a Malaysian context — and similarly I can transmit Malaysian ideas to my US friends and colleagues. Malaysian opposition leaders Anwar Ibrahim (a former Georgetown professor) and Lim Guan Eng (a former Australian student) are fond of quoting American figures like Thomas Jefferson and Martin Luther King, Jr. In a world where ideas are free to roam, it hardly seems right to keep the people behind them in a cage.

The media makes the case for open borders

Post by John Lee (see all posts by John Lee)

Well, not quite. But a better lifting of the global Rawlsian veil there never was. Citing a study by The Economist, the Washington Post published this map of the best countries in the world to be born in today (the bluer the better):

where-to-be-born-map3[1]

The summary of the results is worth reading, but there were a couple money quotes:

Even Portugal and Spain, for all their very real troubles, score highly. A child born today is likely to have a better life, according to the data, in Poland or Greece — yes, Greece — than in rising economic giants such as Brazil, Turkey or China.

Though countries such as Indonesia and Vietnam are projected to show astounding economic growth over the next generation, they are poor today. This map is a reminder that being born into a poor society, even one that offers opportunities for new wealth, can still mean life-long challenges.

So, if you’re a Westerner fretting about American decline or European collapse, then if nothing else, know that your children have still lucked into one of the best deals in history: being born in the right place at the right time.

Being born in the right place at the right time counts for a lot. There’s nothing ironclad that makes the amount of people being born in Portugal or Greece or Australia or the US today the right amount. If I took ten babies from Bangladesh and dropped them off in Germany tomorrow with forged German citizenship papers, in what conceivable way could their presence harm anyone there, growing up as German as can be? Yes, there is in principle some limit to how many people a country can have, and coming up against that constraint is a plausible reason to enforce immigration restrictions. But adopting restrictions without bothering to prove such a limit has been reached is nothing more than creating a new aristocracy.

Putting aside difficult-to-quantify social factors for now, from a purely economic standpoint, the global aristocracy of birthplace is immensely inefficient. How inefficient? The most conservative estimate is that true open borders would make humankind 67% richer. The most aggressive estimate suggests it would make us 150% richer. We’re talking doubling world GDP, folks. Even if you make allowance for social frictions necessitating some immigration restrictions, there is absolutely no rational basis for believing the economically rational thing to do is to, as a general rule, only have people live and work in the country of their birth.

Much of what I am today, I owe to my parents and my country, and to my creator who made me who I am. But I also owe an immense amount to studying and working in the United States, which literally offered me opportunities no other country could give me. I was lucky enough to be born in circumstances that could get me to the US. How many billion others can say the same?

It’s one thing to punish someone because if you don’t, they will harm you. That is at least prima facie plausible. But it’s another thing to punish someone purely for an accident of birth out of their control. I had no choice in where I was born. Neither did you. Let’s be glad we were born in pretty good circumstances (because if you’re able to read this, you’re almost certainly one of the luckiest people alive). But let’s not use birth as a reason to deny those less fortunate than us some of the same opportunities you and I had.

A succinct summary of the oppression of closed borders

Post by John Lee (see all posts by John Lee)

Political philosopher Jason Brennan recently gave an interesting interview to 3:AM Magazine, focusing primarily on the ethics of voting and political participation. He has some interesting comments on libertarianism and liberalism as well, and this is where the interview becomes relevant to open borders, for Brennan makes this comment (I have made some formatting changes and added emphasis):

I think equality misses the point of social justice. The point isn’t to make people more equal. It’s to make sure first everyone has enough, and then that everyone has more. With that in mind, I find it bizarre that so many people focus on the plight of the least well-off in rich societies, and yet ignore the issue of immigration.

From my point of view, if you do not advocate open immigration, any claim to be concerned about social justice or the well being of the poor is mere pretense. When economists estimate the welfare losses from immigration restrictions, they tend to conclude that eliminating immigration restrictions would double world GDP. The poorest immigrants would see the largest gains. The families and friends they leave behind would see large gains.

Immigration restrictions expose the worlds’ poor to exploitation. If you have an economic system where everything can be globalised, except poor labour, then you make the world’s poor sitting ducks for exploitation. They can’t go where labour is scarce to get a good deal. They are forced to wait for capital to come find them and give them a bad deal. It’s not just that these restrictions are inefficient. Immigration restrictions impose poverty, suffering, pain, and death on some of the most vulnerable people in the world.

I do not think I could have said it any better myself. The conclusions in that final paragraph epitomise my personal journey to full support for open borders.

You can argue that open borders impose poverty, suffering, pain, and death on many people as well. But strong claims require strong evidence. The evidence of the oppression of closed borders is staring us in the face. Every person who jumps a wall, swims a river, paddles an ocean, or dodges bullets in search of a better life is telling us just how much open borders is worth to them as an individual, and can be worth to us as a human race.

The economic evidence demanding open borders is compelling. But coupled with the fundamental immorality of oppressing the most vulnerable people on the face of the earth, there is absolutely no way to stomach the status quo. Closed borders are not just another example of governmental inefficiency: they are a graphic illustration of the evil things that humans can do to other people, and of the capacity we have for self-deception.

You can argue that now is not the right time to end immigration restrictions. That we’re not ready. That greater immigration levels bring all kinds of harms which we either absolutely cannot address, or simply cannot find the resources to address. All fair points; I might even agree with you on some of these (I am particularly sympathetic to the argument that a sudden influx of immigrants undermines a strong sense of community).

But these fair points only militate for gradually opening the borders. They demand experimentation with keyhole solutions — policies that mitigate the risks of opening the borders. We have a tendency to think that the status quo of closed borders is desirable. But if current immigration levels are desirable at all (a very dubious proposition), that is only because keeping them this low is a necessary evil — not a positive good. Brennan puts it so well that I can’t help but quote him again for emphasis:

If you have an economic system where everything can be globalised, except poor labour, then you make the world’s poor sitting ducks for exploitation. They can’t go where labour is scarce to get a good deal. They are forced to wait for capital to come find them and give them a bad deal. It’s not just that these restrictions are inefficient. Immigration restrictions impose poverty, suffering, pain, and death on some of the most vulnerable people in the world.

If we have to impose poverty, suffering, pain, and death on some of the most vulnerable people in the world — if we have to shoot Starving Marvin in the face for the greater good — let’s at least be honest about it. And let’s be absolutely sure that such barbarism for the sake of saving civilisation really is necessary — that we’ve optimised the cruelty of our immigration regimes. The feasibility of open borders may be an open question. But as long as people are dying because governments refuse to give them a legal way to move in search of a better life, the onus is on us to examine the immigration policies enforced in our name. If we must close our borders, close them only as much as we need to, and no more. Fundamental morality demands it.

Michele Wucker was making the case for open borders 7 years ago

Post by John Lee (see all posts by John Lee)

I recently finished Michele Wucker’s Lockout, a 2006 book advocating a liberal US immigration policy. Superficially, it’s overly similar to Jason Riley’s Let Them In; both co-blogger Vipul and I find that mainstream pro-immigration US literature suffers from the pitfall of focusing too much on the US (well, this is a pitfall from an open borders standpoint), and being anchored too much to the status quo. However, compared to Riley, Wucker is much more solutions-focused — and from the solutions she proposes, I would actually suggest she was grappling with the early embryos of all those ideas which eventually led to the formation of this Open Borders blog.

Riley says he wrote his book to rebut mainstream anti-immigration arguments in the US, but Wucker goes one step further to propose a number of changes to US immigration policy. The first 10 chapters of Wucker are incredibly similar to Riley, but the 11th chapter is breath of fresh air. Some of Wucker’s proposals:

  1. Legal residency for current unauthorised immigrants in the US
  2. A guest worker programme or other visa system allowing more people to work legally in the US
  3. Stricter immigration enforcement against those working without permission from the authorities
  4. Penalties for employers of unauthorised immigrants
  5. Immigration processing fees (taxes?) levied on immigrants to support cultural integration programmes and jobs for natives
  6. Devolve substantial portions of immigration rule-making from Congress to government agencies, and have those agencies streamline the existing process further
  7. Establish a special cabinet-level Immigration department, to ensure a single person and agency are solely accountable for US immigration policy
  8. Consciously promote global development, both through conventional development policies and through liberal immigration policy, to reduce wage gaps between poor and rich countries, and thus reduce the impetus for immigration
  9. Reduce the quota for visas granted to adult siblings of US citizens

Most of these are what we at Open Borders: The Case call keyhole solutions — policies that mitigate the risks of migration. They might do this by ensuring that some of the gains from migration go to natives, such as through the immigration levies which Wucker proposes. Or they might do this by managing the inflow of immigrants using some transparent rules to ensure that a country’s institutions are not overwhelmed by sudden, unexpected influxes (which, at least on paper, is what a streamlined bureaucracy would be able to do).

At the same time, there are some things which open borders advocates would probably part ways with Wucker on. Wucker’s strong belief that employers should be punished for hiring unauthorised immigrants seems sincere, and not just a sop to the restrictionist crowd. I think she finds it incredibly unjust that employers can illegally discriminate against these immigrants because of their unauthorised status. She seems to hint that she would prefer the reverse of the current US system (presently the immigrant bears all of the risk in taking up employment, and the employer takes none) — which I suppose is more compatible with an open borders viewpoint. It sounds like she might not be opposed to programmatic, ongoing “amnesties” which some countries have done, allowing unauthorised immigrants to regularise their status even after entering/overstaying without following the standard immigration rules.

Wucker seems incredibly cognisant (at least relative to most participants in mainstream immigration debates) of the terrible suffering that closed borders inflict on immigrants and prospective immigrants. Because of this, I don’t doubt her sincerity in advocating a guest worker programme or something similar to ensure those who seek honest work in the US can come. Putting this in context, when she wrote, most mainstream pro-immigration activists in the US were rejecting any guest worker programme as a form of legalised slavery. Instead, Wucker explored some bold proposals for immigration reform that dovetail incredibly well with open borders and open borders-like keyhole solutions:

The solution to [the dilemmas of immigration policy] is not to dictate what immigrant workers should do but to tailor a menu of options that lets each worker’s individual circumstances guide his or her decision…we could require [high-skilled] immigrants who decide to stay in America longer than ten years to pay a premium; some of that money could be redirected to the immigrant’s homeland and/or to to job training for U.S. workers.

Similarly…lower-skilled immigrants could pay a fee if they decide to stay after their guest worker status ran out….Another possibility could be to ask guest workers or their employers to pay a deposit to be held in an escrow account; if the worker decided to stay in America, the money would be forfeited to a development bank for use in the home country.

Wucker explicitly says that immigration policy should form part of a development strategy that will close the income gap between rich and poor worlds:

Paradoxically, in the long run, the best way to slow desperate immigration is to let people come here, build their skills, and then take those skills back to their homelands. Also paradoxically, the best way for people to help their homelands is to adapt as fully as possible to American society, for this is the key to succeeding here. By encouraging people to study here and go back and forth freely, we can encourage brain circulation and the creation of industries that will provide jobs in migrant-sending countries and markets for U.S. goods.

This development focus I find incredibly unusual for a mainstream immigration policy book. Wucker wrote in 2006, before economists Lant Pritchett and Michael Clemens fully fleshed out the concept of the place premium, showing how closed borders artificially create wage gaps that result in some people earning 6 cents (adjusted for purchasing power) doing work in their home countries, for which the equivalent wage in the US would be 1 dollar. Clemens and Pritchett would go on to argue that such wage gaps, as high as 94%, have never existed between any jurisdictions that permit freedom of movement. Following from this, the labour market convergence of open borders would end the worst poverty in the world and double world GDP. It amazes me that Wucker would take this angle in 2006, before development economists had even gotten around to begin digging into quantifying how badly closed borders is holding back the world economy, and the economies of our poorest countries.

Finally, one last remarkable thing is how antsy Wucker is about conceding much ground to restrictionists. She makes the usual sops to restrictionism, such as stricter internal labour market enforcement, and reducing the number of visas for citizens’ siblings, and…that’s it. Unlike other mainstream liberalisation advocates, she doesn’t plump for a border fence, or neglect the all-important need to reform the US’s broken visa system. It’s quite clear she wants more immigrants, because morality and good economics demand this, and she’s not afraid to say it. She says she rejects open borders, but literally in the same breath insists her only concession to restrictionists will be reducing the visa quota for citizens’ siblings.

From an open borders standpoint, Wucker’s book is not particularly useful or illuminating. In a sense, because of the work of Clemens and Pritchett, Wucker’s Lockout is now substantially outdated. But it is for that reason that I find Wucker so interesting: she was advocating open borders-style keyhole solutions, using the same stylised arguments as open borders advocates, years ahead of us.

Electing a new people in Malaysia: illegal naturalisation and election fraud

Post by John Lee (see all posts by John Lee)

Malaysia is going to the polls on May 5th, and for the first time in perhaps living memory, there is a real chance that the ruling Barisan Nasional (National Front) will not be returned to power. BN is currently the longest-ruling political party in any of the world’s democracies, and its leaders will not be happy about losing their power and privilege should the election fail to go their way. Unsurprisingly, it turns out they have resorted to the easiest way out: importing foreigners, registering them as voters, and paying them to vote.

To be fair, the only evidence that has emerged thus far is that the Prime Minister’s office has been arranging an unusual number of charter flights for voters. It’s clear that these are meant for people to vote — the government has denied official involvement with these charter flights, claiming that friends of the party have paid to ensure their supporters are able to vote. It remains to be seen whether foreigners will turn up in large numbers to vote on May 5th, and what sort of papers they will have.

In my opinion, the relevance of this to open borders as far as policy goes is absolutely null. No sensible democratic government that plays by the rules would do such a thing as this. BN is only trying this because the party and the state in Malaysia are so unhealthily intertwined. I am no Islamist, nor am I a socialist, but in this election I voted for the Islamic party to represent me in Parliament and a nominally socialist party to represent me in my state legislature. I and even a Malaysian libertarian friend donated money to a particularly vocal socialist candidate. The current government of Malaysia doesn’t stand for anything other than its own corrupt self-interest, and kicking it out to put us on the road to a two-party democracy is the only realistic choice.

In any case, I’m not aware of any open borders advocate who favours immediate naturalisation of immigrants. If anything, we tend to urge a disentangling of the relationship between citizenship and residency. If you want to give foreigners a way to naturalise, that’s up to your country. But it would be a good idea to follow the rules, which the Malaysian government is blatantly not doing: an ongoing Royal Commission is currently investigating allegations of past illegal citizenship grants in the state of Sabah. And all evidence released so far strongly points to the government’s culpability.

However I do think discussing this story is relevant to open borders, in the sense that it illustrates some real problems standing in the way of open borders as a societal and policy reality. The reasoned and sensible thing to do in response to this evidence of election-rigging would be to demand an investigation and establish a process to ensure voters’ documents are in order. Fortunately, such a process does exist, and opposition parties are able to appoint their own agents to monitor the polling and counting processes.

But quite a number of people have gone further and embraced outright xenophobia in the guise of protecting Malaysian citizens and Malaysian democracy. I have seen people urging Malaysians not to give foreign workers Sunday the 5th off, lest any of these foreigners vote. I have a friend who personally saw people, without provocation, verbally assaulting foreigners at the airport. Banners have been erected warning foreigners attempting to vote illegally that if they are caught, they will be reported to the police — and “While waiting for police arrival, your safety is not guaranteed.”

Growing up as an ethnic Chinese in Malaysia, it has always grated on me that the government sees me as something of a second-class citizen. Chinese and Indians have often been told by those in power: “If you don’t like it, go back home” — as if Malaysia isn’t our home. And now, support for the ruling party has collapsed as a new generation of voters don’t feel ethnic Chinese and Indians are any different from other Malaysian citizens. That banner hinting at lynchings of illegal voters was signed by a group calling themselves Kami Anak Bangsa Malaysia — We are Children of the Malaysian Nation (“Bangsa Malaysia” implying a demand of full equality for Malaysian citizens regardless of race).

I am all for protecting the democratic process — which yes, means ensuring that only citizens can vote. But violent extrajudicial lynchings can only mar the democratic process. And I find it hard to believe that this sentiment isn’t driven at least in part by simple anti-foreign prejudice — not when I’ve never seen threats of physical violence against other illegal voters (most of whom in the past have been Malaysians, whose votes were bought outright by the ruling party). Not when the same people bemoaning being told to “go back to China” are now hurling ethnic slurs at Bangladeshis and telling them “go back to Bangla”. As one of my friends put it: “did someone really just try to tell me that a group of dark skinned people have no right to be in a Malaysian airport?”

We’ve previously noted at Open Borders the odd finding that Malaysians are perhaps the country most opposed to open borders in the world. But my personal observation has been that Malaysians in general are actually very tolerant of immigrants and happy to have them working with or for us. Even the anti-foreigner venom I’ve seen in this election has focused purely on the issue of voting rights. Immigration is not a hot-button issue in Malaysia for the masses — the cost of living, political corruption, and administrative ability are the issues this election is being fought on. Although I’ve been disappointed at how quickly people have resorted to racial epithets ostensibly in the name of defending democracy, I’ve also been inspired at how many Malaysians I’ve seen have been quick to embrace the spirit of human equality that demands both a fair democratic process and open borders. In closing, here is one note I’ve seen making the rounds on social media, authored by one Nathalie Kee:

In the midst of increasing evidence that BN is using foreign workers to win the elections, let us remember that a Bangladeshi on the streets of Masjid Jamek does not equate to the demise of democracy. A man from Myanmar, lining up on polling day, is not the real one to blame, although he does have to take some flak. These two men know nothing about BN, PR and their respective ideals and have been played into the hands of corrupt individuals, probably promised things that they would have otherwise gotten by working for two months. We welcome the Indonesian, Burmese, Filipino and Bangladeshi brothers and sisters, as long as they respect the laws of this land.

I can’t abide the demise of a fair and open political process in my country. But neither can I abide closing our borders for the sake of satisfying anti-foreign prejudice. And neither do I have to for the sake of democracy. Open borders is not about letting governments “elect a new people” to maintain their stranglehold on power. Open borders is about welcoming all our brothers and sisters of the human race who respect the laws of our land.

Jason Riley makes the case for half-opening the US borders, but not a case for true open borders

Post by John Lee (see all posts by John Lee)

A year ago, co-blogger Vipul briefly reviewed Mark Krikorian’s The New Case Against Immigration and Jason Riley’s Let Them In. I have not yet read Krikorian’s book, but I have finished Riley’s. Overall, I second Vipul’s sentiment that despite the radical book cover (the book’s full title is Let Them In: The Case for Open Borders), Riley’s book is incredibly weak because:

  1. It is overly focused on the US (I cannot think of a special reason why the US should be the only or first country to open its borders)
  2. It is overly focused on citizenist and territorialist arguments for immigration (while I think one can make a case for open borders using a citizenist or even nationalist worldview with appropriate moral side-constraints, the book does a poor job of confronting the inherently unethical tensions of these philosophies when they are used to justify closed borders)
  3. It really does not consider more than briefly the tremendous economic harm or moral injustice created by closed borders (Riley trots out the usual arguments about how immigrants benefit the US economy, but there is no reference to the true size of the closed borders problem — when closed borders is halving world GDP, this is a glaring weakness, although to be fair to Riley, I don’t think these estimates were available when he wrote this)

I don’t want to sound overly harsh; I actually would recommend Riley’s book if someone has already exhausted the most basic open borders literature. So if you’ve finished Lant Pritchett’s Let Their People Come (I would say that if you can only read one book about open borders, you need to make it Pritchett’s), maybe consider reading Let Them In. The main selling points for Riley:

  1. He comprehensively covers all the problems with current US immigration policy (its injustice from even citizenist and territorialist standpoints, its economic inefficiency, etc.)
  2. He does an excellent job of laying out the history of US anti-immigration activism (it will probably be news to many that Benjamin Franklin was complaining almost 250 years ago that low-quality German immigrants were refusing to assimilate and destroying the US)
  3. He uncovers some interesting historical facts about US immigration policy which really need to be widely known (for instance, he reveals that the problem of Mexican “illegal immigrants” in the US was virtually non-existent prior to the mid-20th century, because many immigration laws simply didn’t apply to Western hemisphere nationals until 1965 onwards)

In his conclusion, Riley states:

My primary goal in writing this book was to offer a rebuttal to some of the more common anti-immigrant arguments that I’ve come across while covering the issue as a Wall Street Journal editorialist.

Once I read this, I understood why Vipul and I felt the book had oversold itself as a case for open borders. Riley’s true intention was never to make such a broad case in this book. (In fact, Vipul goes as far as to characterise Riley as a political moderate — this is true of the book’s tone, but from its content, I would say Riley probably is pretty close to the liberal extreme on immigration.) If you’re looking for some good rebuttals to common mainstream anti-immigration US-specific arguments, I highly recommend Let Them In. But if you’re looking for the case for open borders, I would without hesitation point you to Lant Pritchett’s Let Their People Come.

The Lebanese diaspora, and victim-blaming of immigrants

Post by John Lee (see all posts by John Lee)

The Economist recently ran an article about the Lebanese diaspora and its entrepreneurial bent. There are some interesting factoids in there I wasn’t aware of. Take the size of the diaspora for example:

More people of Lebanese origin live outside Lebanon than in it (perhaps 15m-20m, compared with 4.3m).

I am not sure what proponents of closed borders would have preferred to do about the Lebanese in the past century or so of human history. It is not quite enough to simply say “Let them alone in Lebanon,” when restrictionists quite clearly want to enact active policies to keep immigrants, Lebanese or otherwise, away. Given some Australian experiences with racial rioting, one can contend that there are restrictionists who would personally use physical force and abuse against the Lebanese.

But as the article notes, for all the “takers” in the Lebanese diaspora, there are plenty of makers (some of whom I did not realise were of Lebanese descent):

Carlos Slim, a Lebanese-Mexican telecoms tycoon, is the richest man in the world. Carlos Ghosn, a French-Lebanese-Brazilian, is the boss of both Renault (a French carmaker) and Nissan (a Japanese one). Nick Hayek, a Swiss-Lebanese, runs Swatch, the biggest maker of Swiss watches.

I am not sure if there are any panel or longitudinal studies which have been done on the Lebanese immigrant population anywhere, but it would be interesting to see the statistics. It would be especially interesting to see if they are bearers of “political externalities” or otherwise import arguably negative cultural/institutional aspects of their homeland. After all, Lebanon the state has not been faring the brightest:

In the past century and a half, waves of Lebanese have left for the Americas and west Africa. Lebanon’s long civil war prompted many more to pack. …the market is tiny. Lebanon’s GDP is about $42 billion, less than Rhode Island’s. Second, it is unstable. Conflict with Israel in 2006 temporarily shut down many of Ms Sfeir’s restaurants; the takeover of parts of Beirut by Hizbullah militants in 2008 disrupted them once more. … As if that were not enough, the Lebanese government chokes businesses with red tape. On average it takes 219 days to obtain a construction permit—assuming nothing goes wrong—and 721 days to enforce a contract in a Lebanese court, according to the World Bank. Patronage is pervasive and the internet is sluggish.

Gee, sounds like letting the Lebanese into my country would be a pretty bad idea, unless I happen to have worse institutions than they do. But the one meaningful statistic about Lebanese immigrant performance which The Economist cites is the Lebanese-American median household income of $67,000 (which is well above the median household income in the US; a rough approximation of that would be about $50,000, depending on how you slice it/round it).

To be explicit, a key assumption I often see in restrictionist arguments is that immigrants will import the “bad institutions” or “bad culture” of their homeland. True, sophisticated advocates of closed borders make more subtle versions of this argument, or avoid it altogether in favour of more defensible ones that barely bear it any resemblance (such as risk of technological slowdown). But it is this argument that often pops up as a reason to justify closed borders: people who are kept out get their just deserts because:

  1. Their country’s bad institutions are their personal fault
  2. They will inflict institutional harm on an ostensible superior country by virtue of simply living or working there

The Lebanese case is a concrete counter-example. How is the individual Lebanese seeking a better life outside his or her country personally responsible for any, let alone all of the following?

  1. The Lebanese civil war (and all its future repercussions for the state of the Lebanese socioeconomic environment)
  2. The small Lebanese market
  3. The Lebanese conflict with Israel
  4. The Hizballah insurgency
  5. Lebanese red tape

Perhaps via some roundabout way one can find a way to blame the typical Lebanese for some or all of these: in some sense, Lebanon has a participatory or democratic form of government, and so surely the individual Lebanese voter must bear some blame. On this basis, I suppose the rest of us trying to avoid getting sucked into horrible geopolitical conflicts, government bailouts of automobile manufacturers, or legislative gridlock should be doing our darndest to restrict immigration from the US then.

(As a sidenote, one can argue that the real reason Lebanon collapsed was because it permitted Palestinian and other insurgents to cross its borders, thus directly leading to the civil war, Hizballah insurgency, and conflict with Israel — i.e. loose Lebanese immigration policy created this problem. But as far as I know, no advocate of open borders endorses government inaction in the face of invaders bearing arms and ill intent. This seems to me akin to tarring a free trade advocate with the accusation that she supports unrestricted trade in assault rifles and nuclear weapons.)

The story of the Lebanese people and their diaspora is clear: open borders makes the lives of immigrants better. And by creating a global network, they make people in their country of origin better off too — and that’s assuming zero remittances, which is an unrealistic assumption. There may be good reasons for restrictionists to advocate keeping immigrants like the Lebanese out — but these good reasons need to be more clearly specified than some ridiculous assignation of blame to immigrants for the situation they are in. And restrictionists need to quantify just what’s being lost from potentially keeping out the next Carlos Ghosn, or the next immigrant demographic that actually raises the average household income.

Saudi Arabia: a land of closed borders, keyhole solutions, or both?

Post by John Lee (see all posts by John Lee)

I don’t often think of Saudi Arabia as a country I’d particularly like to migrate to, which is why I’ve always found it surprising how popular Saudi Arabia is in polling data on migration. For instance, a recent Gallup poll put Saudi Arabia as the 5th-most desired destination migration country in the world, projecting that 29 million people would permanently settle in Saudi Arabia if they could.

My initial reaction was to surmise that perhaps Saudi Arabia’s status as a cultural or religious beacon in the Muslim and/or Arab worlds accounts for this. It’s also worth noting that millions of Muslims from around the world descend on Saudi Arabia for the Muslim haj or umrah every year. It’s not difficult to imagine that some of them might want to retire and die in the land of their prophet, or just fall in love with the country from their visit there.

However, some recent news from the BBC has made me rethink this hypothesis a little: apparently Saudi Arabia is copying the US and Israel in constructing a 1,800km long border wall that will seal it off from Yemen. Unlike the US, Saudi Arabia actually has legitimate reasons to fear that terrorists will cross the border here: a destabilising situation in Yemen has reportedly allowed al-Qaeda to thrive there. But according to the BBC, security is not the whole story:

Border security has dramatically worsened in the aftermath of the revolution, as thousands of illegal immigrants, drug smugglers and gun runners try to slip from impoverished Yemen into Saudi Arabia, one of the world’s richest countries, Lt al-Ahmari told the BBC’s Frank Gardner.

Five Saudi border guards had recently been killed along the border in shoot-outs with well-armed smugglers, he added.

The first part of the fence has already been built on the coast, slowing down – but not stopping – the tide of illegal immigrants.

It seems a bit disturbing to me to characterise economic migrants or refugees fleeing war and terrorism in the same boat with “drug smugglers and gun runners”. If all they have in common is that they’ve crossed an arbitrary line in the map, what purpose does this serve? Are we now to classify high school students and cyberterrorists in the same bucket because they both violate intellectual property laws with their online activity?

The “one of the world’s richest countries” certainly gives one pause at the suggestion that security against terrorism is all there is to this. There are plenty of rich oil-producing countries in the Middle East — so it does puzzle me that, say, the United Arab Emirates don’t pop up as much in Gallup’s polling. But perhaps the reason Saudi Arabia is popular with prospective unauthorised immigrants is because of its long land borders which can be easily crossed. Saudi Arabia also has an extensive guest worker programme which I suppose further spreads word of the economic opportunities there.

I am curious to find out more about immigration to Saudi Arabia. There are plenty of questions which come to mind:

  1. What accounts for its unusual popularity on the list of prospective immigrant destinations? All the other countries which top the list are developed Western democracies.

  2. What kinds of immigration programmes does Saudi Arabia have? They recently gave unauthorised immigrants a 3-month amnesty to either leave or regularise their status, but otherwise it is unclear to me how their programmes operate, though I do know that they have millions of guest workers.
  3. What is the status of unauthorised immigration in Saudi Arabia? If it is true that 10% of the 2 million annual pilgrims overstay their visas each year, there could be millions working and residing without permission in Saudi Arabia (indeed, it looks like some have settled there permanently).
  4. How does Saudi Arabia handle permanent residency versus nationality? Has it successfully decoupled the two concepts? Some anecdotal evidence suggests that perhaps it has. Some might term this a keyhole solution. Although I am not happy about the idea of someone spending their entire life in a country and yet being unable to claim citizenship there, if Saudi Arabia does easily grant residency while more tightly controlling citizenship, this is actually much more civilised and moral than the alternative in much of the “civilised world,” which is to deny most human beings both residency and citizenship.

I am not sure whether the Yemeni border wall is justified. But whether it is or not, it is sad to think that those fleeing war, oppression, or economic collapse will be the ones who suffer the most. Drug smugglers and gun runners have the resources to find another way in or out. Regular people don’t have those resources. In principle, under international law, the borders are open for refugees. But in practice, it’s a different story. It is sad to think that there are millions of innocent people, who through no fault of their own, will remain trapped in a country wracked with conflict, having nowhere to go.

Open borders: the solution to conflict in the Middle East

Post by John Lee (see all posts by John Lee)

Anne-Marie Slaughter, a respected US academic and former bureaucrat in the field of international studies, recently authored an interesting piece highlighting an unconventional 2-state solution for Israel and Palestine:

“Two-state condominialism” is as visionary as the name is clunky. The core idea is that Israelis and Palestinians would be citizens of two separate states and thus would identify with two separate political authorities. Palestine would be defined as a state of the Palestinian people, and Israel as a Jewish state. Under “condominialism,” however, both Palestinians and Jews “would be granted the right to settle anywhere within the territory of either of the two states, the two states thus forming a single, binational settlement community.”

…Palestinians “would have the right to settle anywhere within Israel just as Jews would have the right to settle anywhere within the territory of the Palestinian state. Regardless of which of the two states they lived in, all Palestinians would be citizens of the Palestinian state, all Jews citizens of Israel.” Each state would have the authority and the obligation to provide for the economic, cultural, religious, and welfare needs of its citizens living in the other state’s territory.

Condominialism recognizes the reality of the deep interconnectedness of Israeli settlers in the West Bank with the rest of Israel – through roads, water supplies, electricity grids, administrative structures, and economic relationships (just as Israeli and Palestinian parts of Jerusalem are interdependent). Instead of trying to separate and recreate all of these structures and relationships, it makes far more sense to build on them in ways that benefit both states’ peoples and economies. And, in a world in which many citizens spend an increasing proportion of their time in virtual space, de facto condominialism is already happening.

As ideas go, I’ve seen worse. I like this a lot. In fact, I like this enough to the point that I would like to know: what’s keeping the rest of the world from trying this out? In many parts of the world, the forms of “deep interconnectedness” Slaughter describes already exist in total defiance of arbitrary, human-defined borders. In fact, I am a bit surprised she almost seems to gloss over the human relationships and communities that constitute the most important interconnectedness here.

To take an example I’m familiar with, it matters little to a Malaysian living in East Malaysia on the island of Borneo where the technical border is. Not when he and his family have been living and moving across the land long before any international border sprung up separating Malaysia and Indonesia. Across the South China Sea in West Malaysia, Malaysians who live in the north are permitted to cross our border with Thailand without passports or visas, a governmental nod to our deep interconnectedness. Stories like these can be found across the world, including in the southern US, where people still recall how, before paranoia post-9/11 set in, communities divided by a border paid it no heed, their lives bonded together by social and economic ties that matter far more than arbitrary lines drawn on a map.

And to her credit, Slaughter closes by obliquely pointing to the relevance of open borders outside the Middle East:

In the 1950’s, after four decades of war across Europe, the idea of a European Union in which member states’ citizens could live and work freely across national borders while retaining their political allegiance and cultural identity seemed equally far-fetched. (Indeed, the name of the political process by which the EU was to be constructed, “neo-functionalism,” was every bit as abstract and cumbersome as “two-state condominialism.”) Yet French and German statesmen summoned the vision and the will to launch a bold experiment, one that has evolved into a single economy of 500 million people.

The EU has proven that on a fairly large scale, open borders work. (I am not too sure about the feasibility of a single currency, though.) To the extent that open borders in the EU have been detrimental, they have been addressable by keyhole solutions (such as transparent, clearly-defined temporary restrictions on immigrant flows to allow societal adjustment). And to the extent that they have been harmful in spite of keyhole solutions, it is absolutely clear that most, if not all, predictions of catastrophe have not come to pass.

Borders may be arbitrary, but we don’t need to abolish them to have open borders. Indeed, Slaughter says: “To make this work, the borders of each state would first have to be defined – presumably on the basis of the 1967 borders, with mutually agreed territorial swaps.” Borders define the area of a state’s sovereign jurisdiction. But they don’t define the human relationships that form the warp and weave of everyday life. Fundamental morality and economics agree: we need open borders.

What international evidence exists for adverse impacts from illegal immigration or amnesties for immigrants?

Post by John Lee (see all posts by John Lee)

In the US, California is every restrictionist’s (and fair-minded skeptic’s) example of how badly things can go wrong if you mismanage immigration policy. I have not yet seen someone cite country-level evidence of poor immigration policy’s impacts: given that Italy and Spain have given multiple amnesties to unauthorised immigrants over the last 3 decades, and the current state of their economies, this seems surprising. Does anyone know of a comprehensive analysis that looks at jurisdictions outside the US?

To be clear, I often see specific references to how life in California is now terrible because of illegal immigration. Commonly-cited examples are the problem of the state government’s debt, a dysfunctional state government, soaring crime rates, deteriorating levels of social trust, a collapsing public school system, the high level of unemployment…I could continue on. I often see references made to California as the ultimate end-state for any jurisdiction that permits a large amount of illegal immigration, and would like to understand if this conclusion has been validated or supported by analyses that look at other jurisdictions with large amounts of illegal immigration. A previous post considered this question in the context of comparisons between the US states, but for this post, I’m interested in international comparisons.

I’m fine with somewhat unsophisticated stabs at this analysis: breadth can be just as important as depth, and given the rather poor state of knowledge about the ultimate impacts of high levels of immigration, any research or analysis can prove valuable. My understanding is that France and Germany both have ongoing processes for unauthorised immigrants to regularise their status, and considering the widespread use of discrete amnesties in other European countries’ immigration policies, it would be interesting to see if there are any different impacts, and what people’s thoughts are on the impact of either option has been relative to a counterfactual where these European countries did not regularise any unauthorised immigrants whatsoever.

The US has only implemented one amnesty of note, in 1986. In Europe, amnesties are much more common. Poland for example announced in 2011 its third amnesty since 2003 (though to be fair, Poland has much fewer unauthorised immigrants than the US). Surely there has been some study of the impacts of these amnesties, or even some informal comparison that correlates the number of unauthorised immigrants to various socioeconomic indicators at the country level. And I’m only really somewhat aware of amnesty policies in Europe: I’m not even sure what arrangements, if any, exist in other continents.

And going beyond amnesty, large numbers of unauthorised immigrants exist in various countries. The number of unauthorised immigrants could similarly be correlated to various indicators, as informal analyses in the US often do with California. If we rank countries by the percentage of their population that is present without legal authorisation, how would that compare to the ranking of countries by GDP per capita, or public debt per capita, or rankings in international educational aptitude surveys like PISA or TIMMS? What about ranking countries by the number of previously unauthorised immigrants whose legal status has since been regularised? Here are two charts (from link #3 at the end of this post) which rank EU countries:

EU-27 regularizations through programsEU-27 regularizations through mechanisms

A quick glance suggests that some of the worse-performing Eurozone economies have been much likelier to offer larger-scale regularisations. However I’m not sure what to make of Germany and France coming in right behind four of the PIIGS on this scale, or of Germany and France topping the list when it comes to mechanism-based (i.e. ongoing) regularisations. Moreover within the PIIGS it also seems quite clear that Italy and Spain are performing better than Greece (I am not sure where Portugal stands). So the correlation, if there is one, does not appear to be that strong.

(Something else that may be food for thought: according to the source for these charts, France once insisted that the EU adopt a continent-wide ban on mass regularisations of the “amnesty” type currently being discussed in the US. This idea was dropped because Spain vetoed it. It would be fascinating to learn what’s driving the different approaches here.)

If anyone knows of material that might be pertinent to the issues I’ve raised here, I would love to hear about it in the comments of this post. We can compile a compendium and document it on an Open Borders page about illegal immigration, and/or the regularisation of unauthorised immigrants. This compendium would be a useful reference for future discussions and blog posts on this site.

I’ll start by listing out some documents I’ve been able to find, and will add to this list as people post in the comments:

  1. Why Countries Continue to Consider Regularization, Amanda Levinson (2005) — a good summary of how different countries approach regularisation/amnesty, and where volumes stood as of 2005
  2. Regularisation programmes in France, Amanda Levinson (2005) — a good summary of the French approach, but no contextualisation with respect to how it compares to elsewhere
  3. Regularizations in the European Union, Kate Brick (2011) — probably comes closest to what I’ve been looking for, has excellent comparisons of different countries’ approaches to regularisation

A DREAM Act for Singapore? Or, the arbitrariness of nationality-based residence laws

Post by John Lee (see all posts by John Lee)

There is a 19-year-old Filipino citizen who has literally lived her entire life in Singapore who, as of this writing, risks being kicked out of the only country she has ever called home:

Nadirah was born out of wedlock in Singapore and given a Filipino citizenship, as her mother was a Filipino. Along with her five siblings, two other siblings are also non-citizens while the other three siblings were given citizenship as her parents got officially married in Philippine before they were born.

As Nadirah graduates from ITE, she will soon be asked to return to Philippine once her student visa expires in a month’s time. To be relying on relatives whom she never spoken to for years and a country where she has no memory of, the situation looks utmost depressing for this young lady with a uncertain future.

Nadirah’s situation reminds me all too much of the “DREAMers” of the US –young people who are present in the US without lawful immigration status who have spent most, if not all, of their lives as law-abiding members of US society. The immigration laws of Singapore ought to give people like her relief: there’s an argument to be made that even if she doesn’t deserve citizenship, she certainly ought to be able to reside in the only country she’s ever called home.

But we ought to look beyond the specific issue of young people whose paper nationality does not match the nationality written on their hearts. There are plenty of older people who, whether or not they feel a sense of national belonging to another country, are productive and harmonious members of that country’s society.

My mother may provide a useful illustration: she is a Filipino citizen who resided in Malaysia with our family for several years on a renewable 1-year “social visit pass”: the Malaysian immigration authorities maintained this legal fiction that she was making a “social visit” to my father for an extended period of time. While this is certainly more favourable than how other immigration legal regimes treat families, it also meant my mother had no legal standing to work in the country (despite possessing a post-graduate degree in a STEM field) and risked deportation or being barred entry for fairly arbitrary reasons.

A real risk my family faced was that if my father died, there would be no legal fiction for her to remain on a “social visit” and force her to return to the Philippines (where she has not lived for decades). Moreover, the restrictions of the pass forced my parents to spend multiple working days every year processing the necessary red tape to renew my mother’s visa (a luxury which many less-educated, working-class families probably can’t afford), and deterred my mother from leaving the country (on one occasion, a bureaucratic error in her visa meant that she risked being unable to re-enter the country if she left, even for a brief visit — so she simply did not visit any friends or family in neighbouring Southeast Asian countries until the next year, when her visa was renewed and the error corrected).

In principle, my family could have obtained permanent residency for my mother. In practice, the immigration bureaucracy seemed content not to bother itself with her application. It’s going on 15 years since her application was first filed, and every single time we’ve checked on its status, we’ve been told: “Wait for a letter from us.” The last time my father visited a Malaysian immigration office to discuss this, he saw a white woman berating a civil servant. She had apparently married a Malaysian who had since died, which is probably why she was there at the office that day. She was shouting at the government clerk in fluent, well-accented Malay: “I have been living in this country for longer than you have been alive!”

(Of course, there’s always a story that can top any story you think of. If we are speaking of immigrants’ pulling rank based on seniority, I can only imagine what a Mr. Padilla, who had lived in the US for over 4 decades and fought for it in the Vietnam War, had to say when he received his deportation order.)

The way we think about immigration law assumes citizens must, more or less, live in the country of their nationality. If they live or develop ties elsewhere, they need to prioritise their loyalties and naturalise as necessary. The permanent residency systems of most countries assume that those holding permanent residency will eventually naturalise: I have heard of one Malaysian holding permanent residency in the UK who calls both the UK and Malaysia home being frustrated at the UK border when its immigration officers demand to know why she wants to come in (“because it’s my home!”).

Yet there is no reason to bind citizenship and residency together: even in the status quo we can simply define citizenship as membership in a polity, and residency as the right to reside there and submit to that polity’s laws. Perhaps Nadirah wouldn’t be satisfied without citizenship — she might have grounds for this, since it sounds like she has always thought of herself as a Singaporean. But she and her Singaporean friends and family would still find this arrangement a whole lot more palatable than the alternative, which is to expel her as a non-resident to a country that is just as foreign to her as it is to Lee Kuan Yew.

The very fact that some of Nadirah’s siblings are Singaporean citizens and some are not speaks volumes about the arbitrariness and ridiculousness of how immigration law treats human beings: the entire lives of people, and the communities they are embedded in, hinge on some pieces of paper. Whether it’s a birth certificate (God bless those lucky people whose foreign parents were rich enough to give birth to them in the US and entitle them to American citizenship) or a marriage certificate (which gave some of Nadirah’s siblings the legal imprimatur that she lacks), it serves as an entirely arbitrary division between people who, for all other intents and purposes, are identical.

If immigration policy prevents people who call a place their home — a home that their community recognises as theirs — from actually living in that home, then as a moral matter, immigration policy is wrong. Plain and simple. We recognise the moral truth of platitudes like “Home is where the heart is.” We may sing paeans to the importance of community and how that defines the space we call home. But when home is on the line for members of our communities who, by an accident of birth, don’t have the legal right to live in their own home, do we have the moral courage to change the laws which make a mockery of the concepts of home, family, and community?

Comparing US states by their unauthorised immigrant population

Post by John Lee (see all posts by John Lee)

California is a common rhetorical example used to illustrate the harms of immigration (unauthorised or otherwise) in the US. People point to California’s runaway government debt, poor public school system, and rising rates of social disorder/crime as the inevitable consequences of more liberal immigration policies. I thought it might be worth pulling together a 50-state view (plus the District of Columbia) to see what we can generalise from a ranking of jurisdictions by their unauthorised immigrant populations.

The Pew Research Center has provided some estimates of the unauthorised immigrant population by state in 1990 and 2010 (see tables A3 and A4), and I combined these with US Census Data of the population by state to calculate the share of unauthorised immigrants in each state’s population in 1990 and 2010. It was then a simple step to calculate how much the unauthorised immigrant population has grown or shrunk over the intervening 2 decades.

In 1990, these were the top 10 states (and DC) by share of unauthorised immigrants in their population:

  1. California
  2. Texas
  3. District of Columbia
  4. Arizona
  5. Nevada
  6. New York
  7. Florida
  8. Illinois
  9. New Mexico
  10. New Jersey

In 1990 the bottom 10 were:

  1. Tennessee
  2. Wisconsin
  3. Missouri
  4. Mississippi
  5. Indiana
  6. Iowa
  7. South Carolina
  8. Kentucky
  9. Alabama
  10. Ohio

And as of 2010, here are the top 10 states by share of population:

  1. Nevada
  2. California
  3. Texas
  4. New Jersey
  5. Arizona
  6. Maryland
  7. District of Columbia
  8. Florida
  9. Georgia
  10. New Mexico

The bottom 10 are:

  1. South Carolina
  2. Alaska
  3. South Dakota
  4. Missouri
  5. Ohio
  6. Vermont
  7. North Dakota
  8. Montana
  9. Maine
  10. West Virginia

While I’m not sure what life in these United States was like in 1990, I do know that in 2010 I would much prefer to live in any of the top 10 states ranked by the proportion of unauthorised immigrants in their population than I would prefer to live in the bottom 10. (In fact, I almost live in the District of Columbia: it’s literally walking distance from my current home, though to be fair, the parts of DC that are most accessible to me are also the swankiest. I am quite sure I would not have wanted to live in the District in 1990, however.)

Another way to rank the states would be how much their unauthorised immigrant population has grown. Here are the top 10 states ranked according to the absolute percentage point change in their unauthorised immigrant population:

  1. Nevada
  2. New Jersey
  3. Texas
  4. Maryland
  5. Georgia
  6. Arizona
  7. Oregon
  8. North Carolina
  9. New Mexico
  10. Utah

Meanwhile the bottom 10 (the bottom 3 are actually negative, i.e. the proportion of unauthorised immigrants fell over these 20 years):

  1. New Hampshire
  2. Missouri
  3. Wyoming
  4. South Dakota
  5. West Virginia
  6. Maine
  7. Alaska
  8. Montana
  9. North Dakota
  10. Vermont

Again, I would much prefer to live in most any of the top 10 states than I would in the bottom 10. I lived in New Hampshire/Vermont for the first 4 years of my time in the US (I lived actually on the border of those two states) and as beautiful as they are in the autumn, I can’t say they have much to offer otherwise, especially in the depths of winter (though it would also depend on how much you love skiing or other winter sports). Obviously there is cause and effect here: nice states attract more immigrants. But it does seem clear that if unauthorised immigrants “kill the goose that lays the golden egg” by laying waste to the land of these attractive states, it isn’t terribly apparent from these rankings.

There is one way to slice the data that might be more favourable to restrictionist conclusions, though: we can rank states by the percentage change in their unauthorised immigrant population. So Alabama, with 0.12% of its population unlawfully present in 1990 versus 2.5% in 2010 would have a (2.5 – 0.12) / 0.12 = 1920.2% increase. The low base effect means that these rankings are somewhat suspect, but for your benefit, here they are (along with all the other data I used to construct the rankings above):

State/District 1990 % of pop 2010 % of pop %age point change over 20 years % growth over 20 years
Alabama 0.12% 2.50% 2.38% 1920.19%
Iowa 0.18% 2.50% 2.32% 1288.42%
Kentucky 0.14% 1.80% 1.66% 1227.28%
Tennessee 0.21% 2.20% 1.99% 972.98%
Indiana 0.18% 1.80% 1.62% 897.95%
Ohio 0.09% 0.90% 0.81% 876.24%
North Carolina 0.38% 3.50% 3.12% 828.54%
Wisconsin 0.20% 1.80% 1.60% 780.52%
Arkansas 0.21% 1.80% 1.59% 746.22%
South Carolina 0.14% 1.20% 1.06% 736.71%
Mississippi 0.19% 1.60% 1.41% 724.15%
Georgia 0.54% 4.40% 3.86% 714.40%
Nebraska 0.32% 2.40% 2.08% 657.64%
Hawaii 0.45% 3.10% 2.65% 587.10%
Maryland 0.73% 4.60% 3.87% 528.33%
Pennsylvania 0.21% 1.30% 1.09% 517.91%
Connecticut 0.61% 3.40% 2.79% 458.81%
Michigan 0.27% 1.50% 1.23% 457.72%
New Jersey 1.23% 6.20% 4.97% 404.50%
Oregon 0.88% 4.30% 3.42% 388.88%
Minnesota 0.34% 1.60% 1.26% 366.74%
Missouri 0.20% 0.90% 0.70% 360.52%
Utah 0.87% 3.80% 2.93% 336.46%
Oklahoma 0.48% 2.00% 1.52% 319.41%
Washington 0.82% 3.40% 2.58% 313.67%
Delaware 0.75% 3.00% 2.25% 299.70%
Kansas 0.61% 2.40% 1.79% 296.41%
Colorado 0.91% 3.60% 2.69% 295.34%
Louisiana 0.36% 1.40% 1.04% 293.88%
Nevada 2.08% 7.20% 5.12% 246.08%
Virginia 0.81% 2.70% 1.89% 234.22%
New Mexico 1.32% 4.30% 2.98% 225.74%
Rhode Island 1.00% 3.00% 2.00% 201.04%
New Hampshire 0.45% 1.20% 0.75% 166.22%
Massachusetts 0.91% 2.40% 1.49% 162.53%
Texas 2.65% 6.70% 4.05% 152.91%
Arizona 2.46% 6.00% 3.54% 144.36%
Florida 1.85% 4.50% 2.65% 142.59%
Illinois 1.75% 4.10% 2.35% 134.33%
Idaho 0.99% 2.20% 1.21% 121.48%
District of Columbia 2.47% 4.50% 2.03% 82.07%
West Virginia 0.28% 0.50% 0.22% 79.35%
New York 1.95% 3.20% 1.25% 64.49%
South Dakota 0.72% 1.00% 0.28% 39.20%
Wyoming 1.10% 1.50% 0.40% 36.08%
California 5.04% 6.80% 1.76% 34.90%
Maine 0.41% 0.50% 0.09% 22.79%
Alaska 0.91% 1.00% 0.09% 10.01%
Montana 0.63% 0.50% -0.13% -20.09%
North Dakota 0.78% 0.50% -0.28% -36.12%
Vermont 0.89% 0.50% -0.39% -43.72%

One interesting reaction to all these numbers might be that two decades is too little time to truly assess the long-run impact of unauthorised immigration on a state’s economy and society. So we should be looking for states like Nevada, Texas, New Jersey, Maryland, etc. to become “wastelands” like California over the next decade or two (or at least see some pernicious effects such as bankrupt local governments or increasingly horrid public schools). Then again, many of these states were already in the top 10 in 1990, so it’s not all that clear that we shouldn’t be seeing these supposed effects already.

If you have any thoughts or reactions, feel free to share in the comments. I’ve also uploaded the same numbers in Excel spreadsheet format for ease of use. Hopefully these figures can drive some interesting conversation going forward; it’s quite plausible that I or another Open Borders blogger may return to them in the future.

Imaginary lines: the borders of Southeast Asia and the Nusantara

Post by John Lee (see all posts by John Lee)

As I write, a stand-off has been ongoing in East Malaysia for almost a month: the Sultan of Sulu, who in reality is a private Filipino citizen with no sovereignty in his own right, ordered his paramilitary forces to press his historic claim to the territory of Sabah, which has been a state of Malaysia since 1963. Already dozens have died in the conflict. The conflict is a sad reminder of the generally arbitrary and somewhat accidental nature of many borders: it’s purely an accident of history that the main territory of Sulu passed to the Philippines instead of Malaysia, and that its hereditary Sultan is today a Filipino instead of a Malaysian.

Farish Noor, a respected Malaysian scholar who currently teaches in Singapore, recently authored an excellent piece on the subject. Even if you are otherwise completely uninterested in the region, I think it makes for fascinating reading. Farish is by training a historian, and he does a fantastic job of illustrating how the modern nation-state maps rather awkwardly to the way people historically have led their lives, and even awkwardly to the way people live today. A snippet:

Sabahans have never had a problem with other communities settling there, and that is why we still see large numbers of Suluks, Bajaos, Malays and Chinese across the state, settling into mixed families or into smaller settlements. Furthermore Sabahans are attuned to the reality of living in a fluid archipelago, which is why its coastal settlements have always been transit points where people from abroad come in and out with ease.

Just before the Lahad Datu incident I was informed that a large number of Suluks had arrived for a wedding, and they came in without passports and visas, and left peacefully afterwards.

It has been like that in Sabah since my childhood. But my fear is that culture of openness and fluidity came to an untimely and graceless end when some of the followers of the Sultan of Sulu landed with guns and rocket-launchers.

Historian Benedict Anderson chose Indonesia as the classic example of an “imagined community” for a reason: most Southeast Asian states have no real reason to follow the boundaries they do today. The Nusantara (the Malay name for the Malay archipelago, which today maps more or less to Indonesia, Malaysia, the Philippines, Brunei, Timor Leste, and possibly some other states/territories I’ve neglected to name) has historically been, as Farish says, “a fluid space.” The nation-state is an extremely blunt instrument that maps poorly to the multitude of identities — many of which are blended and melded in the same person or household — forming the cultural patchwork of Southeast Asia. The divisions on this map below map more to the arbitrary carving up of the Nusantara by colonial powers in the 19th century than they do to any meaningful differences between their peoples, then or now:

CIA-Malaysia-map[1]

Does this mean we should abolish the nation-state? Work towards no borders, instead of open borders? Not necessarily so, and again Farish is incredibly insightful on this point — so insightful that it’s difficult not to quote him almost in full:

Gone are the days when a Malaysian, Filipino or Singaporean would be born in his country, study in the same country, work and die in the same country. In the near future, we may well live to see the birth of the first ASEAN [Southeast Asian equivalent of the European Union] generation who are born in one country, study in another, work in another and die in another, all the while feeling that he or she is still at home, in Southeast Asia.

But for this to happen, we cannot bypass the nation-state entirely; for we need the nation-state in order to transcend the nation-state. We need the nation-state to evolve where it may one day accept the reality that its citizens have multiple origins, multiple destinies, multiple and combined loyalties.

We need to work towards an ASEAN future where our governments may come to accept our complex, confounding hyphenated identities as something normal, and not an anomaly; when someone who is Javanese-Dutch-Indian-Arab like me can claim to come from Indonesia, be born in Malaysia, work in Singapore and love the Philippines.

Ironically, this is the impasse we are at today: To revive our collective memory of a shared Southeast Asian past, we need to work with and through the nation-state as the dominant paradigm that governs international relations.

Like Farish, I see no necessity for the abolition of the nation-state. The nation-state is a tool of governance; it is not a suicide pact. Where the nation-state furthers our lives by protecting us from harm and pursuing the common interest, all is well. But we should not ramshackle the nation to the state and the state to the nation.

I am the global version of Farish’s ASEAN citizen: I am of Chinese-Filipino descent, born in Japan, raised in Singapore and Malaysia, studied in the US and the UK, and now working in the US. I have multiple affiliations, loyalties, identities. These are just as arbitrary as the accidents of fate that determine which sports team you root for, and yet no less meaningful. We have learned to live and let live in our sporting affiliations (for the most part, the occasional European football or Canadian hockey riot notwithstanding), recognising their arbitariness but reveling in their significance. We can do the same with the nation-state and its borders.

Borders serve a purpose: they delineate the laws and institutions which govern a territory. To the extent that our legal institutions need to track comings and goings of people, just as they do with goods or services, they can erect border checkpoints and controls. To the extent that they need to maintain order and forestall invasion, they can forcibly keep people out at these checkpoints. But that is all. We need not make a fetish out of these borders: they are significant but arbitrary boundary markers. There is no reason beyond prejudice to arbitrarily keep some people out, and arbitrarily let others in. When we keep people from seeking gainful employment, when we keep friends and families apart, we need a good reason to do so.

The nation-state once was an instrument for oppression: initially oppression of domestic subjects by the sovereign, later the oppression of foreigners in distant lands. Over time, we have discarded the oppressive aspects of the nation-state, and embraced the state’s furtherance where it seems beneficial. And so as Farish says, the clarion call for open borders is not to abolish the nation-state: it is to take the nation-state toward the next step in its evolution.

What is the most fundamental human right? A lesson from North Korea

Post by John Lee (see all posts by John Lee)

The title of this post may be a trick question, considering that the name of this website is Open Borders: The Case. I recently finished reading Only Beautiful, Please: A British Diplomat in North Korea (Amazon link), authored by former British ambassador to North Korea John Everard. Everard lived in Pyongyang and built relationships with many North Koreans in the professional class, which is how he came by the information in his book.

The book is interesting for many reasons — how often do we get a look inside the world’s most secluded and arguably most oppressed society? But from an immigration standpoint, one passage on page 82 of the paperback edition caught my eye:

The attraction of the West was its much higher standard of living, not the ability of Western citizens to speak freely or to vote. The only real freedom that I found my contacts did want was the freedom to travel — to be able to visit relatives without the cumbersome bureaucracy of travel permits, and (among some of the less poor ones) the ability to travel abroad. Cheju Island, off South Korea (where South Korean newlyweds used to aspire to spend their honeymoons before honeymoons abroad became fashionable) was a particular draw; it seemed to have caught the imagination of young North Koreans as a place of great beauty, and I was scolded more than once when I had to admit that I had never been there.

One can argue that North Koreans don’t really understand the value of other freedoms, some which they’ve never experienced at all. But North Koreans have experienced the most closed borders regime in modern history; it seems absurd to argue that they have a significantly better grasp of what it means to have freedom of movement than they do with freedom of speech or the ballot. Yet in one paragraph, Everard captures the burning North Korean desire for freedom that burns brightest: open borders.

Closed borders keep people from working in the legal and social regimes which foster economic prosperity. They keep people from living in legal and social regimes which protect and promote the rights and dignity of human beings. They keep people apart from their most loved ones. They keep people away from the beauty of new experiences, new sights, and new sounds.

The complaints most of us have about our lives and our governments pale in comparison with most anything a North Korean has the right to complain about. And yet the one freedom North Koreans seem to want most is the freedom most of us lackadaisically dismiss as one not worth thinking about. Modern passport and visa regimes force people to live under unjust governments or hollow economic systems. They tear people away from their friends and family. They prevent people from learning new things about the world, prevent them from experiencing new wonders of life and nature.

You may argue that allowing people the presumptive right to travel where they wish is too much of an imposition on you. Fair enough. But you need to show reason to believe that this is the case — that we can reasonably believe a sojourner or immigrant to your country will prove an imposition, and that the cost of this imposition is too much for society to bear. You cannot simply say “I just don’t care about you — go on and suffer, because you weren’t lucky enough to be born in my country”, unless you wish to disclaim any pretense of common humanity with those foreign to you.

There is an argument to be made that untrammeled freedom of movement for literally all people would be too much of an imposition to bear. But in some sense, this is a strawman: I think most open borders advocates believe that a single country which immediately opened its borders today would likely face significant costs enough to outweigh the benefits to humanity from its open borders. And I think most open borders advocates are open to revoking the presumptive right to freedom of movement for individuals who constitute proven or likely threats to public order or health. It remains that the focus of our conversation on borders should not be: “Why should we have to let them in?”

After all, most people are not thieves or criminals. Most people don’t carry contagious diseases that threaten public health. We should be asking ourselves: “Why should we have to keep good human beings out?” The burden of proof has to be on those who would deny to any human being, born in North Korea or not, a most fundamental human freedom, a freedom that is perhaps second only to the right to life itself: the freedom of movement. Without movement, we have no agency in our lives; without movement, we lose all that makes life worth living.

True stories from immigration law: US citizens have no right to be with their spouses

Post by John Lee (see all posts by John Lee)

The US legal doctrine of consular nonreviewability leads to over a million people being refused visas every year, with no legal avenue to challenge the consular officer’s decision, no matter how arbitrary, prejudiced, or groundless it may be. But beyond affecting these foreigners’ lives, there are real effects on US citizens too. One effect of racial segregation which social justice discussions often gloss over is how unjust laws oppressed not just the visible immediate victims, but also others, ostensibly privileged, who wished to engage with the oppressed. Such is the case with immigration laws around the world today. US legal precedent is especially enlightening here.

Filipino-Hawaiian lawyer Emmanuel Samonte Tipon last year blogged a useful overview of relevant cases touching on when someone might have legal standing to sue for judicial review of a visa application. Let’s go over them one by one.

  1. Sabataityte v. Powell: Sabataityte was denied a visa because the Warsaw consulate believed she had been previously unlawfully present in the US. She challenged this determination. The courts ruled that regardless of the merits, she had no right to mount such a challenge.
  2. Saavedra Bruno v. Albright: Saavedra was denied a visa, and had another visa revoked, because the US government believed he had previously illicitly trafficked drugs (based on a hit when they searched his name in a database). This was news to Saavedra and his American employer, both of whom sued the government to present the evidence so they could challenge the determination that he was a drug trafficker. The courts ruled that both Saavedra and his American employer had no legal basis to confront the claims against him or challenge the visa refusal.
  3. Hermina Sague v. United States: Sague, a citizen, married Berger, a Frenchman, and applied to permit him to enter the US so they could live together as a family. The government denied Berger a visa, and Sague sued, insisting she had a right as a citizen to live with her husband in the US. The courts ruled that it was impossible to challenge the consular refusal and moreover, based on legal precedent, “there is no constitutional right of a citizen spouse … to have her alien spouse enter the United States.” Perhaps even more perversely, “once an alien has entered our jurisdiction, even illegally, he may only be expelled after proceedings conforming to the traditional standards of fairness encompassed in due process of law. However … ‘an alien on the threshold of initial entry stands on a different footing.’” In other words, if you want due process, you need to enter the US illegally.
  4. Centeno v. Shultz: Centeno, a Filipino citizen, applied for a visa to visit his American family, and was denied. He and Coane, his American brother-in-law, sued to appeal this decision, arguing that the decision was arbitrary and violated Coane’s first amendment rights to engage in discussion with his brother-in-law. (You laugh, but violation of citizens’ first amendment rights is one of the few grounds citizens have to challenge consular officers’ decisions.) The US Court of Appeal essentially laughed Centeno and Coane out of court in a one-page decision.
  5. Patel v. Reno: Patel, a US citizen, applied for visas for his non-citizen wife and children. The government, suspecting Patel had obtained citizenship by fraudulent means, instructed the consulate in Mumbai to place Patel’s application in limbo, where it laid for 8 years. The courts ruled that since no final decision had been made, this visa application was subject to judicial review. Since the application had been in suspended state for 8 years, the courts ordered the consulate to make a final decision on whether to grant the application within 30 days. At the same time, the courts affirmed that not even the Secretary of State had the power to overturn the visa decision once it had been made.
  6. Kleindienst v. Mandel: A seminal case in US immigration law. Mandel was a Belgian Marxist who had travelled to the US many times to speak. In 1969 he applied for a visa and was refused on grounds of his politics. He and the citizens who had invited him to speak sued, citing amongst other factors, the government’s denial of the citizens’ first amendment rights to freedom of speech. The Supreme Court eventually ruled that an infringement of first amendment rights could be grounds for judicial review; broadly, the consular decision on a visa application must have “a facially legitimate and bona fide reason”. Immigration lawyers regard this as a landmark case for immigrant rights, but in reality, the Supreme Court went on to say that allowing Mandel his visa on first amendment grounds risked destroying the doctrine of consular nonreviewability, since by definition virtually all immigration restrictions infringe on citizens’ first amendment rights. The court then held that Mandel was not entitled to judicial review of the consular decision.
  7. Udugampola v. Jacobs: Udugampola, a US citizen, applied for an immigrant visa for her non-citizen father. The government initially approved the petition, but at the consular interview, the officer there denied the visa because he suspected her father of terrorism. Udugampola and her mother (also a legal immigrant to the US) sued the government. The courts ruled that neither Udugampola’s rights as a daughter nor her mother’s rights as a wife were constitutionally-protected in this case, and they had no basis to challenge the consular decision.

A common thread runs through all these: no matter whose interest are at stake, there is virtually no right to question a consular decision, even if it is based on flimsy evidence or is egregiously wrong. Even if it splits up a marriage, the government has absolute totalitarian power. And these are just the cases which get as far as prominent courts in the US. How many thousands of families must there be, lives ruined by immigration law, around the world? How can any self-respecting person in this day and age reconcile the outright disdain immigration law has for our families and communities with modern ideals of liberty and human rights?

Exposing the fundamentally immoral bedrock of most immigration laws

Post by John Lee (see all posts by John Lee)

I recently stumbled across this blog post from 2010 by Linda Greenhouse, a Pulitzer Prize-winning journalist who covered the US Supreme Court for 3 decades, about how morally troubling she found a (then recent) Supreme Court decision. She starts:

The Supreme Court’s ruling recently that lawyers have a duty to warn their noncitizen clients about the potentially disastrous immigration consequences of pleading guilty to a criminal charge seemed so sensible that it left me wondering why a question with such an obvious answer needed to be debated by the Supreme Court in the first place. Surely if the Sixth Amendment’s guarantee of effective assistance of counsel means anything, it means that lawyers must advise their clients that admitting to even a minor offense can earn a noncitizen a quick one-way ticket into what immigration law delicately calls “removal proceedings.”

Yet a bare majority of the court agreed. Instead, two out of the nine justices took the federal government’s opinion: lawyers have no duty to advise their immigrant clients that they might destroy their lives by how they handle their criminal case, but if they choose to give legal advice on this count, it must at least be accurate (in the case in question, the advice was plainly wrong). Another two felt that since immigration law does not always automatically deport people who plead guilty to a crime, there is no obvious legal duty for an attorney to advise their client that doing so might ruin their lives.

Greenhouse found this morally troubling because:

That it took the Supreme Court in 2010 to tell us that non-citizens are entitled to be made aware of the full dimensions of their legal peril should be understood, I think, as a kind of wake-up call. In this nation of immigrants and their descendants, we have become so obsessed with rooting out, locking up and packing off those whom we decide should not be permitted to remain among us that we are in danger of losing a moral center of gravity.

She goes on to cite 3 other immigration stories, each worst than the last:

  1. Mentally-ill people deported without their families or lawyers being notified
  2. People being detained for deportation after they were found guilty of misdemeanours like smoking a joint of marijuana
  3. Haitian refugees, brought to the US by Marines on a military transport, jailed pending deportation

Greenhouse closes by quoting from Justice Ruth Bader Ginsburg in the proceedings of a case then before the Supreme Court:

Here we are talking about two crimes. One is a small amount of marijuana. He gets 20 days in jail. The other is a pill that I never heard of, a Xan-something, and he gets what, 10 days in jail for that. If you could just present this scenario to an intelligent person who didn’t go to law school, that you are going to not only remove him from this country, but say ‘Never, ever darken our doors again’ because of one marijuana cigarette and one Xan-something pill — it, it just seems to me that if there is a way of reading the statute that would not lead to that absurd result, you would want to read the statute ….

The lawyer representing the US government:

“What controls is Congress’s judgment,” Ms. Saharsky replied, “and Congress has taken a hard line over the past 20 years on criminal aliens, particularly recidivist criminal aliens.”

I suppose one could come up with research showing that deporting occasional marijuana smokers or prescription drug abusers, while unjust in individual cases, on average makes the country better off. But I don’t know why that is supposed to justify such blatant discrimination between citizens and non-citizens. What makes the drug addicted citizen who never chose to be born in your country that much morally superior to someone else who was unlucky enough to be born elsewhere, but consciously chose to join your country?

We are not even talking about authorised versus unauthorised immigrants: most, if not all, the people in Greenhouse’s stories are legal US immigrants. The man facing deportation because he listened to his lawyer’s horrible advice has lived in the US for 40 years, and served in the Vietnam War. Fortunately for him, the Kentucky Court of Appeals recently ordered a retrial of his case because the original conviction that was on the verge of getting him deported was unsound. And fortunately for many others cited by Greenhouse, media attention led to happy endings (though at least one of the incorrectly-deported mental patients was never found again by his family, and seems to be presumed dead). But how many millions of sad stories must there be, not just in the US, but around the world, all because our immigration laws are built on fundamentally immoral presumptions?

Greenhouse rightly questions the moral presumption that immigration laws are primarily about finding ways to keep people out, as opposed to finding ways to let them in. She closes by obliquely hinting:

[The Congress that takes a hard line with people who smoke a single joint and take  a single unprescribed pill] would be the same Congress that spent months tied up in knots over how conclusively to prohibit insurance coverage for abortion under the new health care legislation, ostensibly out of concern for the unborn. Maybe someday, members of Congress will display the same concern for those who happened to have been born, but on the wrong side of the border. Maybe, just maybe, the Supreme Court will show the way.

She should have been more explicit, and perhaps even a bit more daring in taking on more than just US law. Beyond the fundamental immorality of a regime focused on ways to keep good people out, we need to attack the fundamental immorality of a regime focused on ways to discriminate against good people purely because they were unlucky enough to be born the wrong way. Greenhouse’s stories may illustrate the need for better handling of mental illness or the reform of drug laws, but they all point in the same direction: the fundamental assumption behind most laws is that you can do to non-citizens unconscionable things that you would never dare do to citizens. We need to end this global apartheid: we need to demand legal systems in our countries that properly recognise the worth and dignity of every human being.

Conservative parties can win over immigrants: the Canadian story

Post by John Lee (see all posts by John Lee)

I’ve suggested before that although the US Republican Party’s position amongst immigrant communities in the US seems weak, that is not reason to assume this will always be the case for the foreseeable future. I recently stumbled across an interesting 2010 profile of Jason Kenney, the Conservative politician who currently is the Canadian Minister of Citizenship, Immigration, and Multiculturalism. (If you are having a hard time imagining that a Republican could ever fill an equivalently-titled office in the US, perhaps you have a clue as to why the GOP finds it so hard to penetrate immigrant communities.)

Kenney first assumed responsibility for immigrant outreach in 2006. He found that although he was able to cite numerous Conservative policy successes that helped immigrants settle in Canada, this wasn’t convincing to immigrant voters. As it turns out:

“‘You’re a community with famously conservative values. Incredibly hard-working. Entrepreneurial, devotion to family, intolerant to criminality. These sound like our values. Conservative values.’” Why, he asked, weren’t Korean Canadians already turning to the Conservatives?

“One of the guys around the table was the president, believe it or not, of something called the Korean Canadian Evangelical NDP Small Businessmen’s Association. My jaw just about hit the floor. It sounded like the association of the hens for the fox, right?”

What had happened, the guy said, was that when a lot of Koreans settled in Burnaby, B.C., in 1972, there was a New Democrat MP who was simply good at showing up to churches and community events. He helped people with their immigration case files. People got to know him. So when that MP retired and his constituency assistant who’d worked on immigration files inherited the NDP nomination, the Korean evangelical businessmen gave her their support. And so on ever after.

“Thirty-five years of voting history established by a relationship!” Kenney said now, still marvelling. “And the light went off for me. How incredibly important relationships are. It’s blindingly obvious, but for newcomers those initial relationships that they establish are hugely important.”

Sure, these things are symbolic. But as economist Robin Hanson says, politics is not about policy. In a democracy, our elected officials not only govern, but represent us. Say it with me: we vote for people who represent us. As Kenney found, if you don’t even reach out to someone, why would they ever think that you want to represent them? So today, Kenney’s Twitter account is a litany of cultural events:

“Hosted a town hall meeting in Montreal’s Chinatown on how best to combat immigration marriage fraud.” “Had a great encounter with the large & enthusiastic congregation of Notre Dame des Philippines.” “Did roundtable with folks from the Egyptian, Pakistani, Iraqi & other communities to encourage their participation in the PSR [private sponsorship of refugee] program.” “Did a great event with the Montreal Afghan community in support of the superb Conservative candidate in St. Lambert, Qais Hamidi.” “Had one of the best meals I can remember at the Khyber Pass restaurant in Montreal, together with Afghan friends. Highly recommended!”

How easy is it to imagine a similar flurry of Tweets from a Republican politician? (Of course, with US Republicans, their approach to outreach is a little worse than benign neglect: as Muslim blogger Rany Jazyerli has observed, in recent times whenever Republicans have been bragging about attending a Muslim community event, it’s because — to put it politely — they were there to cast doubt on Muslims’ loyalty to the US.)

Of course, Kenney and Conservative Prime Minister Stephen Harper haven’t been just coasting on doing some goodwill tours — they have proven they walk the talk on immigration policy:

In power they moved quickly to produce legislative change that could prove their bona fides. They cut in half the $975 immigrant right-of-landing fee, introduced by the Chrétien Liberals in 1995 as a deficit-fighting measure, in their first year in office.

They eliminated visa requirements for visitors from eight formerly Communist countries in Europe. Skyrocketing refugee claims from the Czech Republic’s Roma population made Kenney reintroduce visa requirements for that country a year later, but he still counts the move as a net gain. So do many Eastern European Canadians. Wladyslaw Lizon, former head of the Canadian Polish Congress, will be running for the Conservatives in Mississauga East-Cooksville in the next election.

Kenney has also pursued some less liberal measures: some other initiatives of his include restructuring the Canadian skilled worker immigration programme (liberalising in some areas, restricting in others), and pursuing some arbitrary immigration policies (notably, defending his use of discretion to keep British MP George Galloway out of Canada on very tenuous grounds). That he is not an open borders advocate does not make his accomplishments any less impressive, or instructive.

Meanwhile, the same publication which profiled Kenney in 2010 recently did another story on him, with more background behind how he came to be responsible for immigrant outreach, dating back to when, as a 26-year-old activist in 1994, he told Stephen Harper that demographic destiny demanded that the Conservatives, as a matter of survival, win over immigrant communities. This second profile also has more interesting details on Kenney’s immigration policy views, and anecdotes of his continued ability to win over immigrants by understanding how to communicate with them:

  • Advertise in their media, ideally timing to coincide with events with cultural significance like the Cricket World Cup;
  • Learn to speak their languages: the article suggests Kenney has learnt enough Punjabi to understand when a speech is promoting political extremism;
  • And as their representative, recognise what’s important to them: Kenney led the initiative to apologise for past government abuse of Chinese immigrants, and also sought government recognition of certain genocides.

Small things in the greater scheme of it all, but as Kenney’s former chief of staff says: “It might not seem important to the majority of the population, but for the concerned communities, it’s huge.”

There are conceivable reasons to doubt the Republicans can pull off a similar feat as Kenney and the Canadian Conservatives. Some skeptics argue the Conservatives of Canada are barely, if at all, to the right of Democrats in the US. It’s plausible that the median immigrant voter will be more right-leaning than the median Democratic politician, but much much more left-leaning than the median Republican politician. But until the Republicans stop denigrating immigrant communities and start reaching out to them, until they can find their Jason Kenney, it seems rather early to declare that it is all but impossible for them to win over the immigrant vote.

Immigration restrictions and casual moral assumptions

Post by John Lee (see all posts by John Lee)

David Goodhart, a British writer and thinker, has some interesting thoughts on the interplay between immigration, multiculturalism, and policy. I think he does a great job of pointing out some problems with traditional approaches to multiculturalism, and how the left is often too blithe about the problems that living in a plural society can create. However, early on in the interview, he makes some comments that I find questionable. The first is where he quite rightly calls out immigration liberals for making unrealistic assumptions:

In a nutshell, what is the historical context of today’s multicultural Britain?

Britain had an open door policy from 1948 to 1962, when anybody from the empire or Commonwealth could come and live in Britain. That is essentially saying to some 600 million people around the world, most of them from the working classes or the peasantry, that there are no restrictions on their entry. Which was a magnificent idea, but also a bit of a disaster. Those who framed the legislation thought that no-one would come, but they did – half a million came between ’48 and ’62, albeit a small number compared to today’s figure.

Which is over half a million during the last year alone.

Yes, in terms of inflow – although there is also quite a bit of outflow. We had a parallel situation two generations later in the early 2000s, with Eastern Europeans coming to Britain from the EU. Only 15,000 were meant to come, but in reality a much larger number did.

Yes, the liberals were wrong in their estimates of how many would come. But how wrong were they about the harmful impacts of immigration? Did the UK economy collapse because hundreds of thousands instead of tens of thousands came under the EU’s open borders? This is an obvious question, but it’s left undiscussed. The casual assumption is that lots of immigrants are obviously harmful, and the interviewer does not challenge this. Goodhart explains in theoretical terms why he believes they are harmful, citing Robert Putnam’s work on social capital, but he never points to concrete instances of harm from European immigration, nor does he explain a clear causal mechanism for how lower immigrant inflows would have facilitated assimilation.

Moreover, it’s taken for granted that Putnam’s research (assuming it is correct in finding that diversity has undermined social capital in the US) is easily generalisable to other contexts. Abdolmodhammad Kazemipur attempted to reproduce Putnam’s research in Canada, and actually found the opposite: Canadian communities with greater diversity have more social capital than their homogeneous counterparts.

Goodhart makes an interesting point that historically, Britain has pursued a “light touch” when it comes to integrating non-British into its society, citing its approach to colonial governance. I’m not sure how true this is, however: in past centuries the UK had little trouble integrating Huguenot refugees or other European immigrants, even though they initially formed ethnic enclaves of their own. Goodhart makes a fair point that UK policymakers did in fact make some false assumptions about assimilation in the era of Commonwealth open borders: to my knowledge, it is true that contemporarily many people erroneously assumed the working class Briton would embrace his Commonwealth peers from Asia and the Caribbean. Stories abound of Caribbean immigrants entering the UK only to be astonished to find that although they considered themselves British, the Britons did not think the same.

Once we’ve breezily assumed that immigration must by definition reduce social capital, and assumed that this reduction in social capital outweighs all the relevant benefits of immigration (Goodhart does not clearly spell out how he is performing this cost-benefit analysis), the obvious conclusion is to reduce immigration levels:

What is to be done?

I think levels of immigration must be reduced. I certainly favour a cap, although it’s a little arbitrary and difficult to manage. But we also need to relearn how to encourage people to join in. We need to develop better ideas of integration and of what it is to be a British citizen, particularly in areas with high immigration settlement like Tower Hamlets in London, dominated by Bangladeshis, or Bradford in Yorkshire dominated by Pakistanis.

Britain has not set up patterns of residence, schooling and employment that make it easy for people to join in. Certain groups that have the cultural resilience do join in and often flourish, even if they often remain residentially segregated. But other groups tend to live separately in all areas of life, and have reproduced many of the institutions of their home country in England.

If the problem is with integration policy, why not fix integration policy? Arbitrarily forcing people to stay out of the UK is by definition incredibly harmful to all these immigrants, as any exercise of government coercive force would be. As Goodhart concedes, it is also incredibly difficult to implement. I find it particularly galling that Goodhart so breezily assumes away the problems of coercion and arbitrariness in capping immigration that he feels he should spend most of his time dwelling on integration policy instead. If immigration liberals have been too blithe in their assumptions about assimilation or quantifying immigration, this shows incredible blitheness about the injustice and difficulties involved with arbitrarily restricting immigration.

I link to this interview because I think Goodhart has interesting ideas about the challenges of integrating immigrants into British society. Many of his recommendations seem sensible. But I find it interesting that an otherwise sensible person makes so many blithe assumptions of his own about the impact of immigration, and casually embraces arbitrary use of government force against prospective immigrants. The most dangerous assumptions tend to be the ones we don’t even realise we are making.

Wedging a crack in trans-Atlantic borders

Post by John Lee (see all posts by John Lee)

A few years ago, the South Carolina Journal of International Law and Business published an article by then-law and business student Robert Wilson on the risks that US visa policy poses to trans-Atlantic foreign relations. The article is a good and I think fair review of the case for and against stricter non-immigrant visa policy. Wilson never hides that he favours a looser policy, but he accurately notes the reasons why the US government has felt compelled to tighten the borders.

Wilson’s focus is on the US visa waiver programme (VWP) which allows people from certain countries to enter the US without a visa. They simply need to pass a quick (30 seconds is the figure he cites) check at border control. Wilson notes that this is how some of the 9/11 terrorists were able to enter the US. This is why since 9/11 the US has mandated interviews for almost all visa applicants, and why the US has been reluctant to extend the reach of the VWP.

But as Wilson notes, sealing the borders in this manner is not practical. It is not any more useful or pragmatic than demanding the search of every cargo container entering the US for bombs or drugs. Other than a cursory check at the border, the VWP essentially throws open US borders to eligible foreigners, with no obligation to present additional information prior to entry. And these foreigners are screened not on any meaningful factual basis other than national origin: an person from Nigeria has to face stringent checks prior to boarding a flight to the US, while an identical twin who happens to have British citizenship can waltz right on up to the border.

I am in favour of open borders, but this manner of implementing them strikes me as arbitrary and self-defeating. Just as there are safe ways to deregulate, there are also plenty of unsafe ways, and this arbitrary discrimination strikes me as just one such unsafe way. Wilson cites how the number of people travelling to the US for tourism and business has been falling since 9/11 because of stricter visa procedures, while equivalent figures for other countries have been trending up.

Wilson recommends the US pre-screen VWP-eligible foreigners, using a system similar to Australia’s. Nathan Sales, a law professor, testified before Congress that this approach would be much more sensible compared to the arbitrary status quo, and more importantly, would allow the US to expand the reach of the VWP. It makes sense to me: a government can legitimately limit entry at its borders if it justifiably believes that this addresses a concerning security risk. Refusing to submit basic biographical information or fill out a basic form signals that you are likely to be a risk of some kind.

I’ve used the Australian electronic equivalent of the VWP before: it’s straightforward and transparent. It’s not open borders, but I’d much rather have an extended visa waiver programme on a similar basis, open to as many people as possible. My belief is that the government should approve visas for anyone who is acting in good faith. Right now, the US denies visas to over 1 million people annually for essentially no reason (they’re not criminals, not carrying communicable diseases, etc.). Give those 1 million people the visas they need to visit or study.

One final point Wilson raises is that expanding the VWP to all the European countries who desire it would allow cooperation with those countries in immigration enforcement. By coordinating governance systems in this area, the US could more effectively deter people with outstanding criminal issues from entering, while opening the borders to those acting in good faith. If the US pursues this, this could eventually lead to trans-Atlantic open borders: even if border controls remain, visas would be available to all good-faith visitors, and one day perhaps even workers or immigrants.

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