Heightening the contradictions

I hope this becomes law and all…

Report: Senate immigration plan sets deportation timeframe

The bipartisan Senate immigration plan would deport immigrants who illegally entered the U.S. after 2011, a Senate aide told Reuters on Friday.

The plan would give most of the approximately 11 million unauthorized immigrants a way to stay in the U.S. and eventually seek citizenship — but those who entered the country since the beginning of 2012 would have to leave, according to the staffer.

“People need to have been in the country long enough to have put down some roots. If you just got here and are illegal, then you can’t stay,” the aide said.

The bipartisan “Gang of Eight” senators is working out the final details of a broad-ranging immigration reform bill, with hopes to unveil it on Tuesday so the Judiciary Committee can begin to examine it on Wednesday. Sources say major policy differences have been ironed out.

“I don’t see, looking forward the next few days, any major barrier in the way,” Sen. Charles Schumer (D-N.Y.), who has led the immigration talks, said earlier this week.

Negotiators had hoped to unveil the legislation this week, but it slipped down the Senate agenda following Wednesday’s announcement of a deal on gun violence legislation.

The bill would increase border security, give unauthorized citizens permanent legal status and offer some a pathway to citizenship after 13 years, increase the number of high-skilled visas and create a guest-worker program for low-skilled immigrants. Both business and labor coalitions have been involved in the negotiations and are still on board.

… but it still leaves large, seemingly unanswerable questions about implementation and justice. First, the 2011 date is clearly arbitrary. No one could claim it was OK to immigrate with documents before 2011 but wrong thereafter. Second, how do you check whether people arrived in 2011 and after? Of course, everyone will have a strong incentive to say they arrived sooner. Third, the same compelling reasons of humanity and commonsense which motivate this amnesty will obviously still be around to motivate future amnesties. Indeed, an amnesty now (sorry for the politically incorrect terminology) will only further undermine the strange 20th-century national socialist notion that it’s somehow morally acceptable to seize by force a person who has done no one any harm, rip them out of their family and community, and ship them off to some country they don’t want to go to just because they happen to have been born there and weren’t issue some document by a consular official with whom none of the parties concerned (friends, relatives, landlords, etc.) are even acquainted. Fourth, because this amnesty will surely create greater expectations of future amnesties, it will increase the incentives for more people to come in anticipation of future amnesties. I’m all in favor of that. I support the amnesty as a means of incentivizing the next wave of undocumented immigration, as much as out of humanity and decent hospitality towards those who have arrived already. But at the end of the day, the norms and values and behaviors and assumptions of a decent society just cannot be reconciled with the practical aspect of migration restrictionism, and amnesty won’t solve the problem, but will only heighten the contradictions.

Mark Zuckerberg

I suppose it’s great news that Mark Zuckerberg is organizing a lobbying group to support immigration reform, as he announces here (see also our past coverage). But at the end of the day, I don’t think there’s actually a good economic rationale for the “high skill only” approach that the tech sector seems to prefer, and I’m ambivalent about its getting more money and a high-profile endorsement. Let’s take a look at the case Zuckerberg makes:

Earlier this year I started teaching a class on entrepreneurship at an after-school program in my community… One day I asked my students what they thought about going to college. One of my top aspiring entrepreneurs told me he wasn’t sure that he’d be able to go to college because he’s undocumented. His family is from Mexico, and they moved here when he was a baby. Many students in my community are in the same situation; they moved to the United States so early in their lives that they have no memories of living anywhere else.

These students are smart and hardworking, and they should be part of our future.

Fair enough. But why should only the “smart and hardworking” students be part of our future? The principles of comparative advantage imply that there are gains from trade with all sorts of people, not just “smart and hardworking” ones. Immigrants who are sort of dumb and/or a bit lazy can also gain by coming here, and we can gain by hiring them, renting them accommodations, selling goods to them, maybe even marrying them (e.g., if we have no other marital options, or if in addition to being sort of dumb and/or a bit lazy, they’re beautiful and nice). Meritocracy has its place, but is there really a good reason for the mere right to reside in the US to be allocated in a meritocratic fashion? And even if you want to discriminate in favor of the “smart and hardworking,” how?

This is, after all, the American story. My great-grandparents came through Ellis Island. My grandfathers were a mailman and a police officer. My parents are doctors. I started a company. None of this could have happened without a welcoming immigration policy, a great education system and the world’s leading scientific community that created the Internet.

Today’s students should have the same opportunities — but our current system blocks them.

Good. But remember that Ellis Island accepted almost everyone, not just the “smart and hardworking.” Continue reading Mark Zuckerberg

Update on Zuckerberg’s group: fwd.us

On Monday, I blogged about Mark Zuckerberg’s immigration reform group, which had not been launched. The group was launched yesterday (Thursday, April 11, 2013), and most of the details were as expected in my previous blog post. The group is called FWD.us and has an eponymous website. The roster of supporters on the website reads like a who’s who of the tech industry Here are links to some news and commentary items related to the group that were published at and after launch:

Here’s a quote from Zuckerberg’s op-ed that reveals his vision for the immigration-related agenda of the group, and just how far it is from an open borders vision:

Comprehensive immigration reform that begins with effective border security, allows a path to citizenship and lets us attract the most talented and hardest-working people, no matter where they were born.

Some of the reactions from different people whom I’ve discussed this with include (note that some of the reactions are mutually contradictory, indicating the diversity of people I’ve discussed this with):

  • Zuckerberg’s op-ed is boilerplate text, i.e., it reveals nothing specific, and could be widely re-used for any future direction of the group.
  • Zuckerberg’s use of an overtly citizenist framing for the group’s ambitions is interesting, though not necessarily uplifting. The competitive angle to Zuckerberg’s citizenism is even more unfortunate, though he does pay lip service to migration not necessarily being a zero sum game.
  • Zuckerberg’s selectivity — attract the most talented and hardest-working people — suggests either a degree of selectivity even higher than that found in the modern immigration regime in the United States, or a serious degree of delusion regarding just how many potential migrants could be the “most talented” and/or the “hardest-working people.”
  • Zuckerberg’s putting securing the borders at the top of his agenda is puzzling.
  • Zuckerberg’s focus on a path to citizenship suggests a territorialist focus, which does not seem to resonate well with the open borders message. It’s not in conflict with complete open borders, but could conflict with some keyhole solutions such as guest worker programs.

Hopefully, we’ll publish more on this group and on other related initiatives as we get more information.

UPDATE: Here is a more detailed post from Nathan with his criticisms of Zuckerberg.

Venice, city of refuge

From Peter Ackroyd’s lyrically beautiful history of Venice, entitled Venice, Pure City:

Venice has been construed as a great ship upon the sea… The ship was once, for the early settlers, a place of refuge. The ship of Venice was, from the beginning, a haven for exiles and wanderers. It was an open city, readily assimilating all those who came within its borders. One 15th-century traveler noted that “most of the people are foreigners,” and in the following century, a Venetian recorded that “apart from the patricians and the citizens, all the rest are foreigners and very few are Venetians.” He was referring principally to the shopkeepers and artisans. In 1611, an English diplomat, Sir Dudley Carlton, described Venice as a “microcosmos,” rather than city. It was created in the fashion of orbis [the world], rather than of urbis [city]. And so it has remained for the rest of its history. There were French and Slav, Greek and Fleming, Jew and German, Oriental and Spaniard, as well as assorted citizens from the mainland of Italy. Certain streets were named after them. All the countries of Europe and of the Levant were represented. It was something that all travelers noted as if quite suddenly they had come upon the tower of Babel in St. Mark’s Square.

No other port in the world held so many strange peoples. In many 19th-century paintings, the gabardine of the Jewish merchants, the scarlet caps of the Greeks, and the turbans and robes of the Turks, are seen jostling among the more severe costumes and tophats of the Venetian gentlemen. It might be said that the Venetians fashioned their own identity in perpetual contrast to those whom they protected. The Germans were granted their own miniature Germany in a complex known as the Fondaco dei Tedeschi, at Rialto, which contained two halls for dining and 80 separate rooms. The merchants were supervised and monitored by the government, but it was said that “they love the city of Venice more than their native land.” In the sixteenth century the Flemish settled in large numbers. The Greeks had their own quarter, with their own church dedicated to the Orthodox faith. After the fall of Constantinople in 1204, and the abandonment of that city to the Turks in 1453, there was a further flow of Byzantine Greeks– among them soldiers, mariners, artists and intellectuals looking for patrons. The Armenians and the Albanians had their own districts. Eventually an Armenian monastery was established on the island of S. Lazzaro, where Byron travelled to learn the Armenian language as a way of exercising his mind among the more sensual pleasures of Venice. There was a colony of Turkish merchants, established as the Fondaco dei Turchi, where a school for the teaching of Arabic was maintained. So Venice was the setting for a thriving cosmopolitan life. It was not altruism or generosity that occasioned this inviting embrace. Venice could not have survived without its immigrants. Some of them were raised to the rank of citizens; some of them intermarried with the indigenous people.

They were not all, of course, well protected. Many thousands of poor immigrants were cramped into cheap housing, sharing the corners of rooms with others of the same race or nationality. Many of them came as refugees from Balkan wars, or from impossible poverty; some of them were escaping the plague. They congregated in the poorer parishes and by the sixteenth century, as a result of the influx, Venice had become the most densely populated city in Italy. The immigrants also provided cheap labor for the city, and were even employed in the galleys of the Venetian warships. They did the work that the Venetians themselves preferred to avoid.

In the fourteenth century the Italian poet, Petrarch, celebrated Venice as the “sole shelter in our days of liberty, justice, and peace, the sole refuge of the good.” As a port, the city attracted such epithets as “shelter” and “refuge.” They were natural images. Pietro Aretino, himself an exile from Rome who had found safe haven in Venice, put it another way. In an address to the doge in 1527 he declared that “Venice embraces those whom all others shun. She raises those whom others lower. She affords a welcome to those who are persecuted elsewhere.” There were, after all, refugees who travelled to Venice for reasons other than commercial. There was a toleration in this open city that was unknown in other regions. That is why it became, from the eighteenth century forward, a resting place for what Henry James called “the deposed, the defeated, the disenchanted, the wounded, or even only the bored.” The deposed were a particular speciality of Venice. Many of the dethroned princes of Europe made their way here. At one time in 1737 there were five dispossessed monarchs living in the city, one of them being the young Charles Edward Stuart.

It was also a haven for those broken of spirit, for wanderers, and for exiles. Venice became the home of the dispossessed and the deracinated. Its watery and melancholy nature suited those who were acquainted with sorrow. It became a haven for those who were uncertain of their origin or of their true identity and for those, perhaps, who might have wished to escape from them. It was like a mother, endlessly accessible and accommodating. It was a womb of safety. The people were known for their placability and civility. Venice was a city of transit, where you might easily be lost among the press, a city on the frontier between different worlds, where those who did not “fit in” to their native habitat were graciously accepted… There came here, too, swindlers and fraudsters of every description; there were failed financiers and statesmen, shamed women and soldiers of fortune, alchemists and quacks. The rootless were attracted to the city without roots.

Venice was also a frontier between different faiths, Catholic and Orthodoxy, Islam and Christianity. So it attracted religious reformers of every description. A secret synod of Anabaptists was established here in the middle of the sixteenth century, and the German community harboured many Lutherans among its number. Venice always kept its distance from Rome, and protected the independence of its Church from the depredations of the pope; so it became, in theory, an arena for religious renovation. There was even a time when the English government believed the republic to be ready to join forces with the Reformation. In that, of course, it proved to be wholly mistaken.

If you had failed, then Venice was a good place for you to forget your failure. Here you were in a literal sense insulated from the outer world, so that its scorn or simple inattention could no longer wound you. Venice represented an escape from modernity in all its forms. And, like any port, it offered anonymity. If you were an exile in Venice you could lose your identity; or, rather, you could acquire another identity entirely in relation to the floating city. You, too, could become fluid and elusive. Tell me who I am. But not who I was.

We need cities like Venice today.

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

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?