All posts by Joel Newman

Joel has a bachelor’s degree in history from Pomona College and works as a teacher in Beaverton, Oregon.

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our blog post introducing Joel
all blog posts by Joel

Immigration Restrictions Enable Abuse

The writers at openborders.info frequently describe how immigration restrictions are immoral in the context of official policy.  Governments, in an effort to keep most people from immigrating to their countries, prevent would-be immigrants from entering their territories and detain and deport those who have managed to penetrate their borders; ending these official actions is our overarching goal.  The evils of restrictions are not limited to official government policies, however.  Immigration restrictions make immigrants and would-be immigrants vulnerable to mistreatment by individuals in myriad ways.

Before detailing this mistreatment, it is helpful to consider a similar dynamic in African-American history.  Ta-Nehisi Coates has described in the Atlantic how many whites in America have taken advantage of blacks in the context of government and societal discrimination.  He refers to “.. the marking of whole communities as beyond the protection of the state and thus subject to the purview of outlaws and predators.”  For example, Mr. Coates relates how an African-American sharecropping family in Jim Crow Mississippi, whose landlord was supposed to split the profits from the cotton with them, would lose most of the money to him. The father in the family told his son not to resist this situation “‘because they’ll come and kill us all.’”  In another example described by Mr. Coates, African Americans from the 1930s through the 1960s “were largely cut out of the legitimate home-mortgage market,” to a large extent due to Federal Housing Administration policy, which made black neighborhoods usually “ineligible for FHA backing.” As a result, “blacks were herded into the sights of unscrupulous lenders who took them for money and for sport.”

Borrowing terms from Mr. Coates, restrictions herd immigrants into the sights of the unscrupulous. To begin with, migrants crossing borders illegally, by attempting to evade government authorities, are put at risk of being robbed (or worse). A Mexican man who crossed illegally into the U.S. recalled that he was robbed two times that evening. Before he and the other immigrants in his group even crossed the border, they were ambushed by bandits who threaten them with ice picks. He was forced to strip and was robbed of $40. Then, approaching the border wall, another group of robbers approached with guns, but after the immigrants explained they had already been robbed, the second group left them alone. Soon after crawling under the wall into the U.S., they were approached by yet another group of robbers with ice picks. The man was forced to give up his tennis shoes and in return was given a pair of old, used shoes. (Cristine Gonzalez, “Journey to Wenatchee,” The Oregonian, 6/15/07) The New York Times reported that “illegal immigrants crossing the Mexican border often encounter bandits, armed civilian patrols and rival smugglers bent on robbing or stopping them.” In February of 2007, men with rifles robbed 18 immigrants who had crossed into Arizona. A day later, a group of undocumented immigrants from Guatemala were traveling in a vehicle along a known smuggling route when gunmen fired on the vehicle, which then crashed. Three of the immigrants were killed, three were wounded, and several others were kidnapped. An official with the Pima County Sheriff’s Department said, “’There have been similar cases where undocumented migrants have been taken to a location and relatives in Mexico contacted and extortion took place.’”

Immigrants from Central America who cross Mexico on their way to the U.S. border are exposed to danger even before they reach it. It is easy to cross into Mexico from Guatemala, but, as reported in National Geographic, “it is at the southern Mexican border where the perils begin—the thugs, the drug runners, the extortionists in official uniforms, the police and migration agents who pack undocumented migrants into detention facilities before forcing them onto buses to be deported.” The Central American migrants in a Mexican city near the Guatemalan border “… because they’re isolated, vulnerable, and likely to be carrying money—attract assailants whose toxic presence alarms everybody in town.” The article adds that migrants who ride freight trains north through Mexico are sometimes accosted at stops by locals who beat and rob them, “sometimes with police watching or joining in.”

When undocumented immigrants make it in the U.S., their desperation to have legal residency and their vulnerability to deportation make them targets of other types of theft.  Some attorneys have reportedly defrauded immigrants.  A director of an immigrant advocacy group stated, “Immigrants are easy prey for unscrupulous attorneys, and they are often unwilling and unable to complain because they are likely to be deported if they do.”  People who are not attorneys similarly take advantage of the undocumented.  The New York Times reported several years ago that over a hundred undocumented immigrants in the New York area were cheated out of almost a million dollars by two men who had set up a church in Queens, New York. The immigrants were told that green cards were available through churches. They were also told to pay a fee in cash ranging from $6000 to $10,000. The immigrants drained their savings and/or borrowed money from others to cover the fees. After months had passed and the green cards did not appear, the immigrants began asking for refunds. After first threatening to report the immigrants to authorities, one of the schemers simply stopped answering calls and closed the church. “Many of the immigrants say they find themselves in deep financial holes at a time when work is scarce. Officials can offer only limited hope: Full restitution for victims is often difficult in cases of financial fraud, especially in immigration-related cases, which almost always involve cash transactions.” (See also here.)

Beyond enabling the fleecing of immigrants, restrictions also make immigrants vulnerable to sexual assault. The National Geographic article on Central Americans crossing Mexico refers to sexual assaults on migrants. In addition, a report by groups that monitor the U.S.-Mexico border states that “smugglers have been regularly accused of coercion, rape, and forced servitude…” (p. 13) The undocumented are also vulnerable to sexual assault when they work. According to an article on the Public Broadcasting Service site, a study of hundreds of low-wage employees working illegally in the U.S. “found that 64 percent of the janitors surveyed had been cheated out of pay or suffered some other labor violation. About one-third said they’d been forced to work against their will, and 17 percent of that group said they’d experienced some kind of physical threat, including sexual violence…” Immigrant agricultural workers are also abused, according to another article on the PBS website: “The combination of financial desperation and tenuous immigration status make agricultural workers vulnerable to workplace violence and less inclined to report crimes.”

Immigration agents themselves have mistreated immigrants beyond their official duties of stopping illegal immigration.  This should not be surprising, given the results of the Stanford Prison Experiment, in which volunteers assumed the roles of either guards or inmates.  Soon after the experiment began, the guards began to mistreat the prisoners.  The experiment was shut down early because of the suffering that was occurring. (“The Slippery Slope of Evil,” Mother Jones, July/August, 2015, p. 56)

Restrictions make immigration agents the “guards” and undocumented immigrants the “prisoners.”  Along the U.S.-Mexico border, each year there are hundreds of thousands of apprehensions of undocumented immigrants by armed immigration agents, so it is not shocking that, according to a 2008 report by groups that monitor the border, “in a very small but extremely important set of cases, Homeland Security officers (including Border Patrol officers) have used lethal force. The wider pattern of abuses includes pointing guns at immigrants, wrongful detention, excessive use of force, and verbal and psychological abuse.” (p. 15) In one case, an immigrant reported that on December 19, 2007, “I crossed the border and almost immediately an agent was upon me with his flashlight drawn like a weapon. I turned to run back to the Mexican side, he tackled me and pulled my feet and then there was another agent hitting me. Even though I had reached the Mexican side, the agent pulled me back and the other continued to hit me, and jumped on my back. My chest, hand and leg were hurt, and my body had cuts all over. The agent that was hitting me also pointed his gun at my head and was yelling at me. After I was taken to the border patrol station, an ambulance was called and I was taken to a hospital. After I was released and taken to the detention facility, I had to go back to the hospital two more times because of my injuries.” (Also see here, pp. 9-10)

Luis Alberto Urrea, author of The Devil’s Highway, notes that as part of writing the book (on the deadly crossing of Arizona’s desert undertaken by a group of undocumented immigrants in 2001) he spent hours in Border Patrol stations and trucks. He reveals some Border Patrol views of undocumented immigrants. “Illegal aliens, dying of thirst more often than not, are called ‘wets’ by agents… ‘Wets’ are also called ‘tonks,’ but the Border Patrol tries hard to keep that bon mot from civilians. It’s a nasty habit in the ranks. Only a fellow border cop could appreciate the humor of calling people a name based on the stark sound of flashlight breaking over a human head.” (p. 16) And this: “There are other games the Border Patrol guys like to play. Sometimes they toss a recently shot rattlesnake, dead but still writhing and rattling, into the cage with the captured wets. Ha ha—that’s a funny sight, watching them go apeshit in the back of the truck.” (p. 27)

In addition, hundreds of thousands of immigrants are literally prisoners in detention facilities in the U.S. each year.  Some are in state and county criminal jails, while others are in facilities run by immigration authorities or private contractors. Amnesty International reports “pervasive problems with conditions of detention, such as commingling of immigration detainees with individuals convicted of criminal offenses; inappropriate and excessive use of restraints; inadequate access to healthcare, including mental health services; and inadequate access to exercise.” (p. 7) The New York Times has described the immigrant detention system as “a sprawling network of ill-managed prisons rife with reports of abuse, injury and preventable death… a system that puts little children in prison scrubs, that regularly denies detainees basic needs, like contact with lawyers and loved ones, like soap and sanitary napkins. It is a system where people who are not dangerous criminals by any definition get injured, sick and die without timely medical care.” A recent report from The Center for Migration Services and The United States Conference of Catholic Bishops noted that “attorneys and pastoral workers from Catholic agencies have learned first-hand of the sexual abuse of women detainees, women forced to deliver babies in restraints, frequent hunger strikes, suicides…” (p. 15)

The role of smugglers and employers in the exploitation of  undocumented immigrants is more ambiguous.  There have been cases where smugglers and employers have clearly mistreated undocumented immigrants.  I earlier noted reports of sexual assault on immigrants by employers and smugglers.  In addition, in at least one case smugglers of Chinese migrants had enforcers extort more resources from them during the voyage. (Peter Kwong, Forbidden Workers: Illegal Chinese Immigrants and American Labor, 1997, p. 80) When smuggled Chinese migrants arrived in America, they would sometimes be tortured to force the migrants’ relatives to pay off the smuggling fees and would even be forced to work without pay. Migrants from Syria and Eritrea often are smuggled across the Sudanese portion of the Sahara Desert on their way to the Libyan coast (and then on to Europe). An article in the Guardian states that “All must brave the desert – and not everyone makes it. At every stage, migrants are at the mercy of the smugglers in that particular area; kidnappings for ransom or for slave labour are common. There are stories of smugglers abandoning their clients in the dunes and of dozens dying of thirst.” Some of those who make it to Libya “are essentially kidnapped by smugglers or even local businessmen… whoever is doing it seems to be holding migrants in warehouses, or treating them as slave labour, until they pay what they owe.” In addition, “there are reports of beatings to extract more money from people while they wait” to begin the trip to Europe.

Employers can use immigration agents as a way of exploiting their immigrant workers. A report relates a situation in Louisiana in which
immigrants working to clean and repair an apartment complex damaged by Hurricane Katrina labored long hours, lived in moldy apartments in the complex, and were owed 15 weeks of unpaid wages. “The employer regularly threatened to call immigration authorities in response to workers’ demands for their pay.” A few days after an attorney sent a letter in 2008 to the employers on behalf of the workers demanding payment, ICE “agents arrived at the exact time and place that the immigrant workers were required to check in for the day, and arrested seven of the workers who had sought back pay.” At least two workers have been deported to Honduras. “As has been the case with many raids conducted by ICE, none of these workers had committed crimes, and the employer was not charged with anything or held liable for its abuse of the workers.” (“Raids on Workers: Destroying Our Rights,” Report of The National Commission on ICE Misconduct and Violations of 4th Amendment Rights, 2009, pp. 40-41) Another report stated that “in raids documented by NNIRR’s HURRICANE initiative in 2008, where employers cooperated fully with ICE’s enforcement operation, employers were subjecting workers to egregious labor rights violations. This included not paying minimum wage, non-payment of wages, including overtime work, threats of deportation, denying access to or not providing safety equipment and not meeting safety standards, sexual and verbal abuse and harassment by immediate supervisors.”

Notwithstanding these cases of abuse by smugglers and employers, on balance I agree with Vipul that “helping illegal immigrants by smuggling them or employing them, even when done for selfish reasons, is a good thing (if nobody were willing to smuggle people across the border, or employ them once they were on the other side, this wouldn’t be good for the immigrants).” (See here and here for Vipul’s elaboration of this perspective.)

The exploitation and abuse of undocumented immigrants described in this post is not a complete survey of all the suffering inflicted by immigration restrictions.  I did not explore the suffering and death from exposure to the environment in an attempt to evade immigration authorities, whether that involves crossing a desert or a long stretch of sea.  I did not relate the suffering caused by deportation and raids and the “normal” suffering associated with detention, such as separation from loved ones.  I did not address the lost opportunities for those prevented from migrating to a different country.  It should be kept in mind that the mistreatment discussed in the post accounts for only part of the suffering associated with restrictions.

It also needs reemphasizing that the ultimate responsibility for the mistreatment related in this post should be assigned to the people who create the laws that restrict immigration (and, in democracies, the citizenry that elects them). The immediate perpetrators of misdeeds against immigrants, whether they are border agents, robbers, swindlers, or prison guards, certainly bear responsibility for their actions, but they have been enabled by the policies that make immigrants vulnerable to their depredations. When immigration restrictions disappear (while keeping limited restrictions such as the exclusion of terrorists) and open borders are realized, the ability of people to abuse immigrants should dissipate.

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The Moral Imperative of Open Borders Trumps (Pun Intended) Immigrant Crime Rates

Many in the U.S. are currently focused on the amount of crime committed by immigrants in the country. This is due to remarks made by presidential contender Donald Trump in June and a murder allegedly committed by an undocumented immigrant in San Francisco in July.  Mr. Trump suggested that many Mexican immigrants are criminals. In this post I argue that even if it were true that immigrants would increase crime rates in America, open borders would still be justified.

In response to Mr. Trump’s remarks and the San Francisco murder, both The Washington Post  and The New York Times have noted that immigrants are less likely to commit crimes than native-born Americans. Alex Nowrasteh of the Cato Institute has surveyed the research on immigration and crime rates and drawn a similar conclusion. The Immigration Policy Center also released a report which states that “the available evidence indicates that immigrants are not only less likely to end up behind bars than the native-born, but that immigrants are also less likely to commit criminal acts to begin with.” (p. 9) In a 2012 post, Vipul  communicated the same message that immigrants have lower crime rates than native-born Americans.

Focusing on Mexican and Hispanic immigration, Mr. Nowrasteh notes that although one study showed that Mexican immigrants were committing more property crimes than native-born Americans, another demonstrated that Mexican immigrants “had no effect on violent or property crime rates in major U.S. metropolitan areas.” He also cites a study on Hispanic immigrants in Chicago that found that they were much less prone to committing violent criminal acts than native whites or blacks in the city.

The Immigration Policy Center offers an explanation for why immigrants commit less crime: “This is hardly surprising since immigrants come to the United States to pursue economic and educational opportunities not available in their home countries and to build better lives for themselves and their families. As a result, they have little to gain and much to lose by breaking the law. Unauthorized immigrants in particular have even more reason to not run afoul of the law given the risk of deportation that their lack of legal status entails.” (p. 20)

What about the crime rate of the offspring of immigrants? They do appear to become more prone to crime than their immigrant relatives, which an editor at the Pew Research Center calls the “dark side of assimilation.” An article on reason.com notes that “every year that an immigrant lives in the U.S. is associated with a 1.9 and 0.9 percent increase in nonviolent and violent crime respectively.” In addition, “the behaviors of the children of immigrants over time begin to resemble that of native-borns.”  However, the offspring do not appear to commit more crimes than Americans generally.  (Census data from 2000 indicate that U.S.-born young males of Mexican, Cuban, and three Southeast Asian ethnicities are incarcerated at higher rates than the overall U.S.-born average. Vipul notes, however, that “locking out entire ethnic groups due to the anticipated future crime rates of their descendants based on past data, which aren’t that much higher than native rates anyway, causes substantially more harm than letting them in and dealing with a crime rate that might fall less slowly or rise slightly in the future.”)

But could this picture of relatively low immigrant criminality change under open borders, which would mean a larger flow of immigrants and probably higher proportions from certain countries? Vipul explored this question in his 2012 post and concluded that with open borders “the odds of crime rates going up versus down are about even, and they almost certainly will not explode.” In reaching this conclusion, Vipul noted that the future orientation associated with migrants is generally incompatible with criminality, that the worldwide crime rate is similar to that of the U.S., that much of the immigration to the U.S under restrictive immigration laws already comes from countries with relatively high crime rates (other countries in the Americas), and that India and China, which likely would be the sources of large numbers of immigrants under open borders, have lower crime rates than the U.S.

Some Americans who care only about the well-being of citizens  might call for an end to immigration altogether, let alone open borders, because one citizen death caused by immigrants, in their view, might be too many. If it were possible to stop immigration, that policy would eventually lead to no more murders or other crimes committed by immigrants because there would be no immigrants. (But of course the inevitable reproduction of the citizen population would lead to the creation of more people who would commit crimes, so they would have watch out for these new citizen criminals. They might also have to worry about the migration of citizens within the country who might commit crimes in their new areas of residence.)

More thoughtful American citizenists might look favorably on the impact of immigration on crime under the status quo of immigration restrictions that allow some immigration. Looking at the data, they might think, “The immigration system works pretty well right now in terms of crime. Those immigrants who make it into the U.S. are generally more law abiding than us citizens. They are revitalizing blighted urban areas, which reduces crime, and places with concentrated immigration are especially safe.  (p. 6) If they are really knowledgeable, they might say, as does Mr. Nowrasteh, that perhaps by “contributing to greater economic prosperity through pushing natives up the skills spectrum through complementary task specialization,” immigrants keep some Americans away from crime. They might agree that “It is easy to focus on the horrible tragedies when somebody is murdered by an immigrant but it’s very hard to imagine all of the people who weren’t murdered because of the lower crime rates created by increased immigration.” However, despite Vipul’s arguments that crime rates would most likely not explode under open borders, they wouldn’t want to take that risk. Besides, they would probably have other concerns about immigration’s impact on citizens.

However, from an open-borders perspective, even if crime rates were to increase significantly under an open borders policy, the moral importance of having open borders outweighs such a development. (The manifesto of the group No One Is Illegal similarly suggests that principle should trump the concrete consequences of immigration, whether positive or negative. Since the consequences can change, “statistics are useful to refute distortions and lies, but cannot be the bedrock of our opposition to controls.” ) In a previous post, I noted two strong moral arguments (from Joseph Carens and Michael Huemer) for open borders, both of which would countenance large increases in crime levels under open borders, should they occur. For both arguments, the right to open borders could be overridden only if the flow of people under open borders led to a “breakdown of public order” or a “disastrous” result in the receiving country. A significant increase in the crime rate, unlikely as it would be, would not constitute such a cataclysm.

In sum, the evidence strongly suggests that currently immigrant crime rates are lower than those of native-born Americans. The crime rates of immigrants’ offspring resembles those of Americans but doesn’t appear to be higher. Vipul has convincingly argued that under open borders the crime rate in the U.S. likely wouldn’t change dramatically. Even if it did, an open borders policy would still be morally warranted.

The photograph of Donald Trump featured on this post was taken by Gage Skidmore and is licensed under the Creative Commons Attribution-Share Alike licence.

Open Borders Is the Best Way to Help Haiti

Advocates have suggested open borders (here and here) as a way to help Haiti, which has a long history of poverty, environmental disasters, political turmoil, and human rights abuses. Yet after a devastating earthquake in 2010 led to billions of dollars of outside help for Haiti in the form of humanitarian and development aid, as well as debt relief, has Haiti improved significantly? Has massive aid been the solution to Haiti’s problems? Unfortunately, the answer is a resounding no, and open borders as a solution for much of Haiti’s misery continues to be as important as ever.

Even after the infusion of aid, Haiti has a per capita GDP of $1,800, placing it 209th out of 230 countries, with the 230th being the poorest. The Associated Press  recently described Haiti as a “…deeply poor nation, with an official unemployment rate of about 40 percent and the World Bank says more than 6 million out of roughly 10.4 million inhabitants live under the national poverty line of $2.44 per day.” Statistics from three years ago show that about 23 percent of young children in Haiti were chronically undernourished and 4 percent were acutely malnourished.

Haiti also has been been cited as one of five countries where slavery is most prevalent. Human Rights Watch states that thousands of children from poor families are sent to live with wealthier families in order to provide them with schooling in exchange for domestic work, but often the children do not receive an education and are abused.  Human Rights Watch also notes “long-standing human rights problems” in Haiti, as well as “concerns about the resurgence of political violence.”

Aid from other countries clearly hasn’t and might never transform Haiti. Per capita GDP has increased from $1200 in the years 2009-2012 to $1800 in 2014, but it is difficult to know to what extent this increase is due to foreign aid, remittances (see below), or other factors. The bottom line is that Haiti continues to be very poor, along with suffering from other problems.  Foreign Policy in Focus concludes that “four years and billions of dollars later, conditions do not appear to have improved for Haitians affected by the earthquake; in fact, it can be argued that things are worse.” Similarly,  GlobalPost, referring to American aid for Haiti, states that “the extent to which that money is creating sustainable progress remains unclear even four years after it began.”

While some good has been accomplished in Haiti because of outside help (see here and here and here), problems with its delivery have been identified. U.S. government aid for Haiti has largely gone to American companies and non-profits, and The Guardian notes that “Critics have argued for years that donors’ practice of spending aid money through organisations located in their own countries has hampered efforts to build self-sufficiency abroad, and works to the detriment of local businesses and industries.”  And the impact of nearly $500 million raised by the American Red Cross for Haiti since the earthquake has been underwhelming, according to a recent investigation by National Public Radio and ProPublica. The groups found “… a string of poorly managed projects, questionable spending and dubious claims of success…” associated with the funds. The American Red Cross built a total of six permanent homes in Haiti, even though housing is the area in which “the Red Cross made its biggest promises.” An article on the NBC News site states that “to Jonathan Katz, author of ‘The Big Truck That Went By: How the World Came to Save Haiti and Left Behind a Disaster,’ the aid story is one of good intentions and bad policy, short-term fixes without a ground-breaking long game, Band-Aids over self-sufficiency.” (See here and here and here for additional criticism of aid efforts.)

On the other hand, emigration is much more promising than foreign aid, both for the Haitians who leave Haiti and for those who stay behind. Michael Clemens of the Center for Global Development argues that international migration is “the cheapest and most powerful economic tool” for helping Haitians.  He states that “the large majority of Haitians who have ever escaped poverty have done so by leaving Haiti.”  Citing research by others that was published in 2008, he notes that Haitian immigrants to the U.S. gain a 680% wage increase due to the migration.  He adds that “for those who don’t move, remittances… unlike foreign aid, generally go directly into the pockets of Haitian families. They are spent almost entirely on locally-produced goods and services…”  The CIA World Factbook notes that for Haiti “remittances are the primary source of foreign exchange, equaling one-fifth of GDP and representing more than five times the earnings from exports in 2012.”  Mr. Clemens concludes that “migration has been a principal cause of convergence, to date, between the incomes of Haitians and Americans.”  (He does suggest that the gains to migrants might be diminished under open borders.)

There are more than half a million Haitian immigrants in the U.S.  And many more Haitians want to come. A Gallup poll indicates that, if given the opportunity, about a quarter of Haiti’s adults would move permanently to the U.S.

However, under the status quo of border controls, the ability of Haitians to emigrate to the United States is limited. The U.S. has worked hard to keep many from coming. Since 1981 the U.S. Coast Guard has been interdicting, or intercepting, Haitian migrants traveling by boat to the U.S. Under a 1981 agreement with Haiti, the U.S. returns migrants to Haiti but ostensibly does not repatriate refugees. A study by the former Lawyers Committee for Human Rights (now Human Rights First) found that from 1981 to 1990 almost 400 Haitian vessels were interdicted, 21,000 Haitians were returned home, and only six Haitians were allowed into the U.S. for a full asylum hearing, despite a “high incidence of serious human rights violations in Haiti during that period.” (from Stephen Legomsky, The USA and the Caribbean Interdiction Program, 2006) Since 1990, tens of thousands more Haitians have been intercepted and sent home. (See here and here.) It was reported  that as a group of Haitians was forced back to Port-au-Prince in 1995, one of the returnees, handcuffed and carried down the gangplank, moaned, with “tears streaming down his cheeks,” “’I don’t want to come back to a country like this and die in the streets.’” And the interdictions continue, as indicated by statistics for fiscal year 2014.

Even after the earthquake struck Haiti, the New York Times reported that a U.S. Air Force plane flew over Haiti broadcasting a message from the Haitian ambassador to the U.S., who said in the message, meant to dissuade Haitians from fleeing to the U.S. on boats, “’If you think you will reach the U.S. and all the doors will be wide open to you, that’s not at all the case. And they will intercept you right on the water and send you back home where you came from.’” The Times also reported that the Coast Guard patrolled Haitian waters, ready to intercept anyone trying to escape. Moreover, the U.S. denied many seriously injured people permission to enter the U.S. for treatment. Only 23 were allowed to enter the U.S. for treatment, as well as some orphaned children.

Many have sought a better life in the Dominican Republic, with which Haiti shares the island of Hispanola, but many have experienced hardship there. Hundreds of thousands of Haitians, both those from Haiti and their offspring born in the Dominican Republic, live there. Minority Rights Group International states that Haitians there experience discrimination based on their skin color and culture. In addition, “they earn 60 per cent less than average Dominicans. They often do not have access to proper nutrition or adequate health care due to poor pay, their illegal status and fear of deportation.” Most sugar cane workers in the Dominican Republic are Haitian. Conditions for the workers are poor, and workers are sometimes coerced into working. Recently, the Dominican Republic has threatened to deport many Haitian migrants and Dominicans of Haitian descent. A court ruling in 2013 took away Dominican citizenship from children of Haitian migrants. Similarly, the Bahamas requires noncitizens, including those born in the Bahamas, to have passports, “a rule that human rights groups say unfairly targets people of Haitian descent,” according to the New York Times, and there have been immigration raids in “predominately Haitian shantytowns.” (See also here.) Under open borders, Haitian migrants could avoid these inhospitable destinations, and these countries could not use immigration restrictions as a tool to discriminate against Haitians.

Beyond the tremendous good that could be realized for Haitians through open borders, an open borders policy would help redress the harm U.S. foreign policy has caused the country over two centuries. Haiti, a French colony largely populated by African slaves, won its independence from France in a bloody struggle in the late 18th and early 19th centuries. Once independence was achieved, however, the U.S. and European powers were hostile to the new republic. Randall Robinson notes that after independence “the United States, France and western Europe would quickly join together in a program of measures designed to defeat the new black republic’s prospects for success. For the next two hundred years, Haiti would be faced with active hostility from the world’s most powerful community of nations. The new country endured a variety of attacks, some imposed concurrently, others consecutively, including military invasions, economic embargoes, gunboat blockades, reparations demands, trade barriers, diplomatic quarantines, subsidized armed subversions, media volleys of public traducement, and a string of twentieth-century U.S.-armed black dictators, beginning with Francois (Papa Doc) Duvalier, who rose to power in 1957…” (p. 18, An Unbroken Agony: Haiti, From Revolution to the Kidnapping of a President, NY: Basic Civitas Books, 2007) Mr. Robinson concludes that “the Haitian economy has never recovered from the financial havoc France (and America) wreaked upon it, during and after slavery.” (p. 22) Michael Falco, in a letter to the New York Times, similarly writes that “Haiti spent its early existence handcuffed by crippling reparations to France — a penalty for rejecting the shackles of slavery. At the peak of this debt, Haiti was paying 80 percent of its national budget to foreign creditors. After the debt was ‘paid off,’ a string of brutal dictators — many propped up by the United States — ransacked the country’s coffers. Haiti never had a chance…”

In summary, while foreign aid has achieved some good for the Haitian people, open borders has the potential to enormously help. Haitian immigrants in economically advanced countries could earn much more than they could in Haiti, remittances could benefit those who remain in Haiti, U.S. interdictions of migrants could stop, Haitian migrants could bypass countries that mistreat them, and the world could begin to make up for its historic abuse of Haiti. Of the groups that could benefit most from a world with open borders, the Haitian people are among those at the top of the list.

Why Many Jews Might Support Open Borders

Which groups of people are most receptive to the open borders message? The list of individuals who have signed on to the recently posted Open Borders Manifesto suggests that academics may be especially amenable to supporting open borders. Another group that would be likely to support largely unrestricted immigration comprises those who are seeking to migrate to a new country but are unable to do so because of immigration restrictions, as would their family members already residing in the intended destination countries. Nathan Smith has argued that devout Christians are potentially a good source of support for open borders. At the same time, many secularists, who have been polled as having “the most favorable views of immigrants” compared with Catholics and Protestants, may be open to open borders as well.  Here I argue that Jews, especially American Jews, also could be a potentially strong source of support for open borders.

Nathan provides one reason why many Jews might support open borders: the Old Testament. He states that “from my reading of the Old Testament, it’s quite clear that the Bible supports open borders, full stop.”  For example, Nathan points out verses such as “Do not mistreat or oppress a foreigner, for you were foreigners in Egypt. (Exodus 22:21)” In 2008, the president of the Hebrew Immigrant Aid Society echoed Nathan by writing that Jews “are taught to internalize the lesson that… we must ‘welcome the stranger,’ ‘not oppress the stranger,’ ‘protect the stranger,’ ‘have one law for the stranger and the citizen among you,’ because ‘you were strangers in the land of Egypt…’ it is neither moral nor practical to carve out a system that admits Jews but restricts others, slamming the door to America behind us.”(Jewish Review (Portland, Oregon) April 15, 2008) Nathan concludes that “Old Testament law is favorable to immigrants to the point that it could well be embraced by the open borders movement as a template of the kind of immigration policy we would want to see.” While many Jews don’t consult the Bible for guidance for their positions on public policy, its message on immigration may subtly point Jews towards open borders, as the aid society president suggests.

In addition, Jewish history may have imprinted upon Jews a tendency to support open borders. For the last two thousand years, many Jews have migrated from place to place, either because of expulsions, a need to flee oppression, or the desire for improved economic circumstances.  For example, Spain forced hundreds of thousand of Jews out of the country in 1492.  Even in 2015, given the rise in anti-Semitism in Europe, Jeffrey Goldberg asks, “Is it time for the Jews to leave?”  He also notes that “for millennia, Jews have been asking this question: Where, exactly, is it safe?”

The expulsions, according to the Jewish Virtual Library, “left their impress on the entire nation and its history, both materially and spiritually. They maintained and constantly intensified the feeling of foreignness of the Jews in the Diaspora.”  This was illustrated recently in an online comment responding to a study that found that many Jewish students have experienced anti-Semitism on American college campuses: “I repeatedly told my adult sons as they were growing up that we Jews are guests here in America, that even as we love this country, our birth here is an incident of fate. Too bad that so many Jewish families forget that we’ve lived in many lands with different degrees of acceptance. Our German brothers and sisters thought they were German until they were taken away in box cars, our French brothers and sisters thought they were French until the Vel’ d’Hiv Roundup, etc. etc. We Jews really need to awake from our delusions and tell our kids the ugly truth. Keep your passports current and your bags packed.”  This perception by some Jews of a tenuous status in their countries of residence and the implied understanding of the importance of having available places to which they can emigrate may lead to empathy for non-Jews who wish to migrate; if one senses that migration may be necessary at some time in their own life, one comprehends on a visceral level the need of others to migrate.

Based on their history, many Jews might support open borders today as they supported the civil rights movement in the U.S. The companion website to the film “From Swastika to Jim Crow” suggests that the historical oppression of Jews has made them sympathetic to the plight of African-Americans.  It notes that “in the early 1900s, Jewish newspapers drew parallels between the Black movement out of the South and the Jews’ escape from Egypt, pointing out that both Blacks and Jews lived in ghettos, and calling anti-Black riots in the South ‘pogroms’.” It also describes how Jews helped form the NAACP and the Urban League, how Jewish organizations played an important part in the campaign against prejudice, and how Jews monetarily supported civil rights organizations. In addition, it states that “about 50 percent of the civil rights attorneys in the South during the 1960s were Jews, as were over 50 percent of the Whites who went to Mississippi in 1964 to challenge Jim Crow Laws.”

The history of Jewish immigration to the U.S. in particular may lead American Jews towards supporting open borders. Thomas Sowell writes in Ethnic America that “The great majority of Jews in America are descended from the millions who emigrated from Russia, Poland, and other eastern European countries in the last two decades of the nineteenth century and the first two decades of the twentieth century. In that period, one-third of all the Jews in eastern Europe migrated to America.” (p. 69) Why did they come? Maldwyn Jones, in American Immigration, explains that “the assassination of Tsar Alexander II in 1881 set off a wave of anti-Jewish riots and led to strict enforcement of the requirement that all Jews must reside within the Pale of Settlement, an area bordering on Germany, Austria, and Rumania. A year later came the notorious May Laws, which placed restrictions on Jewish worship, virtually debarred Jews from agriculture, industry, and the professions, excluded them from public office, and denied them educational opportunities. Persecution now became systematic, persistent, and ruthless; worst of all there were the frightful pogroms of 1881-82, 1891, and 1905-06 in which countless Jews were massacred. Largely in consequence, Russian arrivals in the United States rose from 5,000 in 1880 to 81,000 in 1892 and then bounded upward to a peak of 258,000 in 1907.” (pp. 201-202)

America turned out to be an excellent choice for these eastern European immigrants and their descendants. Mr. Sowell notes that “the overwhelming majority of these Jewish immigrants came to stay. The rate of return migration was lower among Jews than among any other large group of immigrants.” (p. 79) This apparently testifies to the appeal of being in America versus their homelands. While many of these Eastern European Jews came to America impoverished and experienced poverty and slum living in America (p. 83 and p. 85) “the upward movement of American Jews—across broad economic, intellectual, social, and political arenas—was unprecedented and unparalleled.” (p. 88) In addition, “American anti-Semitism has never reached the levels seen in Europe.” (p. 93) Furthermore, had the mass turn of the century Jewish immigration not occurred, those immigrants and their descendants would have perished in the Holocaust of the 1940s.

Many American Jews must understand that this immigration was able to occur largely because European immigration to the U.S. was generally unrestricted until the early 1920s. Notwithstanding his opposition to open borders, the economist Paul Krugman has noted that he is “instinctively, emotionally pro-immigration” and that “he is grateful that the door was open when my grandparents fled Russia.”  Jeffrey Goldberg has written that “… I am an American Jew–which is to say, a person who exists because his ancestors made a run for it when they could.”

Many American Jews must also grasp the negative consequences of the 1920s immigration restrictions on European Jewry. As I noted in a previous post,  the restrictions, together with other bureaucratic maneuvering, kept many Jews from fleeing the Nazis in the 1930s and 1940s. A dramatic example of this was the refusal of the U.S. to accept hundreds of Jewish refugees aboard the St. Louis in 1939, even as the ship reached the Florida coast. Many of these refugees later died in the Holocaust. Furthermore, after World War II many European Jews languished in concentration camps taken over by the Americans, according to  Eric Lichtblau in The Nazis Next Door.  He writes that “… with Britain blocking Jews from going to Palestine and the United States closing its own doors for the most part, Truman agonized over the situation in the DP camps.  ‘Everyone else who’s been dragged from his country has somewhere to go back to,’ Truman said, ‘but the Jews have no place to go.'” (p. 5) Former U.S. Representative Barney Frank understands the significance of immigration restrictions, suggesting that had immigration policies been more restrictive when his grandparents left Russia for the U.S., they wouldn’t have been allowed in and the family would have perished in the Holocaust. (Washington News Observer, 10/7/09)

When America had borders that were largely open to immigrants, it was a great refuge for Jews fleeing undesirable situations in other countries. Conversely, when this period of mostly open borders ended, restrictionist immigration policies had disastrous consequences for would-be Jewish immigrants. Many American Jews may recognize the value of open borders to their ancestors and may generalize this appreciation of open borders, applying it universally, just as their historical experience of oppression contributed to their support for the civil rights movement for African Americans.

One concern Jews around the world might have about open borders is that it would allow potentially greatly increased Muslim immigration to places where many Jews reside, such as the U.S., France, and the U.K.  In Mr. Goldberg’s article on rising anti-Semitism in Europe, he writes that “… the chief propagators of contemporary European anti-Semitism may be found in the Continent’s large and disenfranchised Muslim immigrant communities–communities that are themselves harassed and assaulted by hooligans associated with Europe’s surging right…” He adds that “the failure of Europe to integrate Muslim immigrants has contributed to their exploitation by anti-Semetic propagandists and by recruiters for such radical projects as the Islamic State…” (The unemployment rate among Muslims in France is higher than the rest of the population, and in some French suburbs with large minority populations, the unemployment rate, particularly among the young, is very high.  (See here and here and here.))  He notes that “in 2014, Jews in Europe were murdered, raped, beaten, stalked, chased, harassed, spat on, and insulted for being Jewish.  Sale Juif–‘dirty Jew’–rang in the streets, as did ‘Death to the Jews,’ and ‘Jews to the gas.'”

However, it should be remembered that Muslims, like any group, should not be stereotyped.  In a previous post, I quoted Philippe Legrain, author of Immigrants: Your Country Needs Them: “We should not fall into the trap of thinking that Muslims are a uniform and separate community whose identity is wholly defined by their religion, still less an inevitably hostile or violent one.” (page 304)  In addition, it appears that a contributor to Muslim anti-Semitic acts in Europe may be Muslims’ disenfranchisement and lack of integration in their host countries, as Mr. Goldberg suggests.  Mr. Legrain emphasizes that creating harmonious, ethnically diverse societies depends greatly on how citizens receive immigrants: “It’s not rocket science. Societies need to make every effort to ensure that everyone feels included and has an opportunity to participate fully in economic and social life. But they also need to accept the diversity of all their members—not just those of foreign descent—while insisting that all adhere to the fundamental principles on which they are based. The watchwords are tolerance and respect for the law. Learning the local language and how institutions work, and promoting cultural understanding are also important, without seeking to impose a uniform culture or behavioural norms.” (p. 288)  He highlights Toronto, Canada as successfully integrating its ethnically diverse population but cites France and Holland for failing to integrate its immigrants. (p. 265, pp. 272-273)

Mr. Legrain appears confident in America’s ability to integrate immigrants into society:  “Immigrants have to pledge their allegiance to the United States and sign up to the values in the Declaration of Independence and the U.S. Constitution, but they don’t have to adopt any particular cultural habits, Anglo-Protestant or otherwise. Over time, each influx of immigrants changes and enriches American culture, while they adapt freely to American ways, although they may retain some of their cultural heritage.” (p. 266) Clive Crook  argues in The Atlantic that America’s economic system is more effective at integrating immigrants compared to Europe.  He writes that  “America’s harsher insistence on work is not just economically advantageous (which is self-evident) but socially beneficial as well (which some may find surprising). Jobs alone are not enough to ensure successful assimilation of immigrants, but jobs are a necessary condition. By insisting that immigrants work, the host country attacks the incumbents’ intellectual and emotional resistance to immigration. The work requirement increases the dispersed economic benefits; it reduces or eliminates the net fiscal burden; and it lowers cultural barriers.”  He notes that higher unemployment among immigrants in Europe leads to native opposition, but it must also lead to frustration among immigrants, which in turn may lead to anti-Semitic acts.  I am not excusing these acts in any way, but the analysis by Mr. Legrain and Mr. Crook suggests ways to avoid the ethnic tumult that is occurring in Europe, even with high levels of immigration.  It will be difficult to reverse the situation in Europe, but the U.S. and city of Toronto appear to be structured to have mostly harmoniously societies with open borders. (See here and here for examples of Muslims who view the U.S. as an especially tolerant place to live.)

Dean Obeidallah, who is Muslim-American, wrote last year that at a Muslim-American event, Keith Ellison, who is a Muslim congressman, was heartily cheered when he said “‘There’s absolutely no place for anti-Semitism in discussing Israeli policy.'”  Mr. Obeidallah further noted that “that reaction is not atypical in my experience” at other Muslim-American events, although he acknowledges that there is some anti-Semitism in “my own community.”  Unfortunately, a study on Muslim anti-Semitism in North America did find higher levels among Muslims than Christians.  Overall, however, it is apparent that in the U.S., as a Vox article noted, “… Muslim and Jewish communities are on much better terms” than in Europe.  There is nothing in the U.S. like the volume of anti-Semitic acts committed by Muslims in Europe.

In summary, the historical memory of Jews, particularly American Jews, plus the pro-open borders message of the Old Testament, should make many Jews receptive to the open borders message. Open borders advocates are likely to convince many Jews to support open borders by reminding them of their history and the admonitions in their Bible.  They can also note that America in particular is structured to successfully integrate large numbers of Muslims into its society, thereby likely preventing widespread anti-Semitic acts by Muslims.

Paul Krugman and the Immigration Act of 1924

In 2006 Paul Krugman, prominent liberal economist and New York Times columnist, expressed concern that low-skilled immigration could threaten the American welfare state.  Due to this supposed threat and the claim that the wages of some Americans were lowered because of immigration, he supported a reduction in the number of low-skilled immigrants entering the U.S. (See here for this site’s page on Mr. Krugman.)

So it wasn’t surprising when Mr. Krugman recently declared that he didn’t support open borders.  What was surprising was that he justified immigration restrictions that were enacted in the early 1920s. He stated that without those restrictions the New Deal in the United States “wouldn’t have been possible,” in part because “…there would have been many claims, justified or not, about people flocking to America to take advantage of welfare programs.” The New Deal of the 1930s, as many readers may know, involved the establishment under Franklin D. Roosevelt of government programs which continue to exist today, such as monetary support for the elderly (Social Security) and aid to poor mothers and their children.

The immigration legislation to which Mr. Krugman referred included the Immigration Act of 1921, which established the first numerical restrictions on European immigration.  It was followed by the longer lasting Immigration Act of 1924, which also involved numerical restrictions and a national origins quota system in which visas were apportioned predominately to immigrants coming from northwest Europe. Maldwyn Jones, author of American Immigration, notes that:

it was American policy which brought to an end the century-long mass movement from Europe. The adoption of the quota system… all but slammed the door on the southern and eastern Europeans who had formed the bulk of the arrivals in the prewar (World War I) and immediate postwar periods. The result was that European immigration slumped from over 800,000 in 1921 to less than 150,000 by the end of the decade. (page 279)

The legislation was in many respects the model for our current immigration system, with its numerical limitations on immigration from individual countries, numerical limitations for certain categories of immigrants,  use of preference groups within these categories, consular control over permission to immigrate, and the creation of the Border Patrol. From an open borders perspective, it was a disaster, ending a long period of generally open immigration from Europe.

Whether or not Mr. Krugman is correct or not that the 1920s immigration restrictions helped to provide a political environment conducive to passing the New Deal legislation, there are two reasons why his support for the restrictions are surprising. One is that the legislation was largely racist. The Immigration Act of 1924 was inspired by racist sentiment and, as noted, discriminated against the immigration of people from eastern and southern Europe, who were perceived by some to be racially inferior. As John Higham has written in Strangers in the Land, as the House of Representatives worked towards the 1924 legislation, the champions of the legislation:

now largely ignored the economic arguments they had advanced in behalf of the first quota law three years before. Instead, they talked about preserving a ‘distinct American type,’ about keeping American for Americans, or about saving the Nordic race from being swamped. The Ku Klux Klan, which was organizing a vigorous letter-writing campaign in support of the Johnson bill, probably aided and abetted this swell of racial nativism… (page 321)

The second reason why it is surprising Mr. Krugman would be supportive of the 1924 immigration law is that because it, combined with other restrictionist maneuvering, blocked many of Europe’s Jews from fleeing the Nazis during the 1930s and 1940s. David Wyman has written in Paper Walls that,

if, in the crucial years from 1938 to 1941, the world had opened its doors to the victims of persecution, the history of Europe’s Jews from 1942 to 1945 would have been significantly different. Instead the barriers held firm and relatively few refugees found asylum. (page xiii)

Mr. Wyman also has noted that although America received more refugees (about 250,000) from Nazism than other countries during the period 1933 to 1945 (p. 209),  “the total response of the United States… fell tragically short of the need.” (preface) According to Mr. Wyman, it was the 1924 law that was the fundamental barrier to the people seeking refuge in the U.S., noting that “the quota limitations formed by far the most significant bulwark against large-scale American rescue of refugees.” (p. 210)

It is difficult to determine the number of would-be refugees who were killed because of U.S. immigration restrictions.  However, the following information from the United States Memorial Holocaust Museum site suggests the large numbers who were put at risk from the restrictions:

In late 1938, 125,000 applicants lined up outside US consulates hoping to obtain 27,000 visas under the existing immigration quota. By June 1939, the number of applicants had increased to over 300,000. Most visa applicants were unsuccessful.

The fate of 908 refugees aboard the ship named the St. Louis who were denied refuge in the U.S. in 1939 is more certain, with 254 perishing in the Holocaust.  Mr. Wyman also notes that other refugee ships, either without a place to land or planning to land illegally in Palestine, sank, drowning hundreds. (pp. 38-39)

Mr. Krugman must surely be bothered by the racist nature of the 1924 legislation and must certainly wish that the U.S. had been more welcoming to refugees during the Nazi period. Furthermore he has noted that he is “grateful that the door was open when my grandparents fled Russia.” Had his grandparents tried to enter America after the 1924 restrictions were in place, they may not have been allowed in and may have perished at the hands of the Nazis.

How does Mr. Krugman square all this with his support for the 1924 immigration legislation? Was the suffering associated with the legislation an acceptable sacrifice in order to ensure that the New Deal legislation could be passed? Mr. Krugman might respond to this question by wishing that the U.S. had adopted a more generous refugee policy during the Nazi period within a system of immigration restriction, but the fact is that the U.S. didn’t.

Of course, even setting aside the history of the American immigration system’s response to the refugees fleeing the Nazis, the suffering associated with immigration restrictions are immense. Co-blogger Nathan Smith challenges Mr. Krugman’s suggestion that the American welfare state is of higher moral value than open borders.  He writes that: 

Krugman wants a social democratic welfare state even at the cost of excluding most of mankind by force. I start from a utilitarian universalist ethics and conclude that its need for immigration exclusion renders the welfare state a moral travesty. 

Nathan argues that a truly moral anti-poverty policy would focus on alleviating the extreme poverty of the Third World rather than the poverty found in the U.S.:  “Domestic redistribution is at best from the very-rich to the relatively-rich.”  He writes that “the best thing America could do for the poor is to open the borders.”

I support both open borders and the welfare state.  Fortunately, perhaps with the use of keyhole solutions, countries may be able to have both. Mr. Krugman should explore this possibility, as well as reconsider his support for the 1924 immigration legislation.

Featured image: Paul Krugman’s press conference following his receipt of the Nobel Prize in Economics, by Prolineserver from Wikimedia Commons.