All posts by Nathan Smith

Nathan Smith is an assistant professor of economics at Fresno Pacific University. He did his Ph.D. in economics from George Mason University and has also worked for the World Bank. Smith proposed Don't Restrict Immigration, Tax It, one of the more comprehensive keyhole solution proposals to address concerns surrounding open borders. See also: Page about Nathan Smith on Open Borders All blog posts by Nathan Smith

The political tide

It might be a good thing if Open Borders: The Case, in addition to provide an “attic,” so to speak, of economic, ethical, and philosophical arguments for open borders, could provide running pundit-style political commentary from an open-borders perspective. But political punditry is a full-time job in its own right, and it seems to require a kind of reading between the lines which one can’t do well unless one reads a lot of political news. There seems to be a lot of political momentum behind immigration reform right now, what with Obama’s speech in Nevada urging immigration reform earlier today, and a bipartisan group of eight senators— the Republicans were McCain, Rubio, Flake, and Graham– presenting a plan yesterday. I’ve got to respect Marco Rubio for taking the case to the conservative talk shows.

One change, it seems to me– but I could be wrong, I find it difficult to follow all the political proposals that come and go– is that everyone now seems to be talking about a pathway to citizenship for all the 11 million undocumented immigrants who live here, or nearly all. Up to now, attention has seemed to focus on the Dreamers. It made some sense to focus on them because they were the clearest case: the usual “enforce the law” arguments lose all moral credibility when applied to them, so Dreamers were a sort of wedge case, which left opponents of reform without any moral leg to stand on. But amnesty for Dreamers plus deportation for 10 million or so non-Dreamer undocumented immigrants would be atrocious, and it’s good that the conversation seemed to have moved on from the Dream Act to something more genuinely comprehensive.

A writer at The Guardian argues that Republicans are mistaken if they think they’ll earn political capital by supporting immigration reform, because Latinos are Democrats, and agree with the Democrats on other issues besides immigration, too. I’m not convinced. The Hispanic vote has swung a good deal as Republicans have gone more nativist. Republicans may not have a convincing strategy at the moment to win over Hispanics, but support immigration reform will open up new possibilities for coalition building. And I also think a lot of non-Latino voters will look more favorably on the GOP for this. Republicans will look less “mean,” and also more plausibly freedom-loving and anti-Big Government.

Immigration reform packages always come as mixed blessings, because with the concessions come demands for more enforcement, for employer verification of migration status, for greater effort to secure the border, for a general ramping up of the police state. E-Verify, if it worked, would needlessly make life difficult for a lot of people, not only undocumented immigrants but their employers, too. It would separate a lot of people from jobs where they were useful, people who badly needed the wages. More effort to secure the borders is expensive, for one thing, but it also has the bad effect of separating people from job opportunities or even family members. One can hope that the “enforcement” measures will be eviscerated, legally or via the operations of black markets (though that’s a problematic remedy), but I’m reluctant to wish on us the plague of more enforcement, even for the great benefit of amnesty. While I do want to see something pass and expect that it will be an improvement if it does, a lot of the arguments used by Rubio and others on my side (e.g., “back of the line”) are bogus. Ironically, the quote I agree with most is from opponent Lamar Smith:

“By granting amnesty, the Senate proposal actually compounds the problem by encouraging more illegal immigration.”

Yes, I think that’s true. And for me, that’s one of the strongest reasons to support it. Mexican migrant supply may have peaked, and demand is still down because of the bad economy, but if amnesty passes, and if the economy rebounds strongly at some point (probably not under Obama), then at some point I expect people from other countries– India, China, Africa, Vietnam, Indonesia, South America– will find ways physically to enter the country, even at great risk and expense, in anticipation of the next amnesty. If the process continues, that could move us a long way in the direction of open borders.

STEM visas and the planned economy mindset

Matt Yglesias writes:

In my first read of the Octogang’s bipartisan immigration reform framework, I thought that making high-skill reform conditioned on receipt of a science, technology, engineering, or mathematics advanced degree from an American institution was too restrictive.

I stand by that… On the other hand, you can read this as a very lax provision. What it does, in essence, is create a huge incentive for foreign-born college graduates to apply to master’s programs in STEM fields. Or looked at the other way, it gives accredited American universities a license to print money by launching foreigner-friendly master’s programs in STEM fields. If an Indian computer programmer can increase his salary sixfold by moving to the United States, then why wouldn’t he take out $50,000 in loans to obtain a master’s degree in computer science from some random American university? The programs would have to be selective enough to avoid totally discrediting the university sponsoring them, but there’s absolutely no need for them to engage in any useful educating whatsoever for the value proposition to be enormous.

Exactly. At bottom, we should be regulating immigration by price, not quantity. It’s not really helpful to say we “need” more STEM graduates. If STEM specialists are expensive, they’re expensive. Some price will clear the market, or maybe we need to outsource some jobs. There may be local positive externalities to STEM graduates, but that’s highly doubtful; to the extent that there’s a fairly strong theoretical case that positive externalities from generating “ideas” are important, these are at the global level. Trying to import STEM graduates in particular smacks of economic planning, with all the accompanying stupidities and inefficiencies. Let the market decide what types of immigrants workers we need, or to be more accurate, what kind of foreigners US employers are willing to pay enough to compensate for any disutility that might be involved in moving. Not Congress. Get them out of it. I can easily imagine useless Masters programs springing up to exploit what Yglesias calls “the advanced degree immigration arbitrage opportunity.” That’s why DRITI is the right way to open the borders.

That said, I’d rather hand out licenses to print visas to random American universities that leave it with State Department consular officials. The less discretion, and the more decentralization, the better. If the right to migrate becomes law for one arbitrarily selected subset of people– those who have STEM degrees from American universities– that’s a small step in the right direction.

Rawls’ highly unpersuasive attempt to evade the open borders ramifications of his own theory

Open borders advocates sometimes claim that Rawlsian ethics imply support for open borders. If this is an implication of Rawls’ theory of justice, however, it’s one that Rawls himself does not acknowledge, for reasons he mentions in passing in his book The Law of Peoples:

Concerning the second problem, immigration, in #4.3 I argue that an important role of government, however arbitrary a society’s boundaries may appear from a historical point of view, is to be the effective agent of a people as they take responsibility for their territory and the size of their population, as well as for maintaining the land’s environmental integrity. Unless a definite agent is given responsibility for maintaining an asset and bears the responsibility and loss for not doing so, that asset tends to deteriorate. On my account the role of the institution of property is to prevent this deterioration from occurring. In the present case, the asset is the people’s territory and its potential capacity to support them in perpetuity; and the agent is the people itself as politically organized. The perpetuity condition is crucial. People must recognize that they cannot make up for failing to regulate their numbers or to care for their land by conquest in war, or by migrating into another people’s territory without their consent.

How convincing is this argument?

Rawls’ suggestion that a people should be concerned about their land’s ability to “support them in perpetuity” exhibits a strange neglect of international trade. Almost no country today is economically autarkic. In that sense, no country’s land “supports” its people. Some countries, like the United States, could probably get by without international trade, albeit with a lower standard of living. Others, certainly including Hong Kong and Singapore, but probably Japan too, and many others, could not do so, or only with tremendous difficulty. But that’s not a problem, because they don’t need to. They can buy what they lack from foreigners. A primitive Malthusian notion of carrying capacity seems to be at work in Rawls’ mind, but Malthus has been wrong, most of the time, concerning human populations in the last 200 years. Moreover, if a country were really on the verge of a Malthusian nightmare of mass starvation, it would not be an attractive destination for immigrants. It seems safe to say that there is no country in the world today where existing migration restrictions could be plausibly justified by an argument from limited carrying capacity. Continue reading Rawls’ highly unpersuasive attempt to evade the open borders ramifications of his own theory

Open borders and the viability of democracy

Let me raise a very large question: Is democracy viable under open borders?

Of course the question has no single answer: terms need to be defined, for one thing.

Democracy nowadays is usually taken to mean “one person, one vote,” which in turn seems like a political expression of the claim, in the Declaration of Independence, that “all men are created equal.” Yet in the US Senate, voters in small states have 10 times as much per capita representation as voters from large states, or more. Nonetheless, I think most Americans would regard with horror the idea that anyone could be given 2 votes, or 7, or 0.3. The clause in the Constitution which reads…

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.

… is regarded with horror, rightly, but I think for somewhat the wrong reason. The right reason for horror is that the Constitution seems to be tacitly condoning slavery. Worse, the slaves’ weight in this count increased masters’ representation. The wrong reason to be offended by the clause is to assume that it implies that black slaves were only three-fifths of a human. Logically, this is a nonsequitur, particularly since the slaves didn’t get to exercise three-fifths of a vote. If the slaves had been able to vote, but their votes had counted only three-fifths as much as those of free whites, that would have been much better than the system that actually prevailed in the Old South.

In fact, I would raise the question: is there really anything so wrong with giving different people different numbers of votes? If a municipality gave long-term residents two votes, recent arrivals one, would there be anything especially wicked about that? What if an electoral system gave an extra vote to anyone who had voted for a losing candidate in the most recent election, as a means of preventing tyranny of the majority? If there is some reason to regard such practices as unwise or even immoral, should “one person, one vote” be considered part of the definition of democracy, or is it just a desirable feature that some democracies might have?

This is relevant to open borders, because one way to safeguard a country’s institutions while opening the borders to immigrants might be to let immigrants vote, but give them fewer votes than natives. That way, if a very large number of immigrants came, say 200 million in the US case, they could have a political voice while leaving natives secure in their electoral dominance, with possible benefits for institutional continuity. But whether this represents a way that democracy could be viable under open borders depends on whether “one person, one vote” is part of the definition of democracy.

Loosely speaking, democracy seems to mean everyone can vote, as opposed to, say, gentry or aristocrats or oligarchs. Nowadays Britain is usually considered to have become democratic only in the later 19th century as the franchise was extended to all or almost all adult males, but of course Britain had voting for centuries before that. So, for that matter, did ancient Sparta, after its own fashion. Indeed, while to say that ancient Athens was a democracy and ancient Sparta was not captures an important truth, it is not a truth easily defined, let alone reconciled with any modern definitions of democracy, for the Athenians had lots of slaves and there were also many metics (foreigners) in the city: by this estimate, less than one-third of the population were citizens, and of those only the males could vote. For citizens, though, Athenian politics was highly participatory and inclusive; much more so than any democratic polity that exists today. Sparta was also probably more participatory and inclusive than any modern democracy for the members of its fierce citizen-elite lording it over masses of helots with whom the Spartan state was nominally in a state of war for centuries, so as to absolve its Krypteia or secret service of manslaughter as they made routine killings of uppity helots. If you’re going to deny Sparta the status of democracy on the “one man, one vote” criterion, Athens fails that test, too. Bottom line: democracy means everyone can vote, but who is “everyone?” All “citizens”– however defined? All residents? All natives? All whom the state regards as subject to its authority? Probably no answer could be offered which would correspond with all our traditional intuitions and historical judgments about what polities qualify as democratic. Continue reading Open borders and the viability of democracy

Newtown, availability bias, and why civil disobedience works

It is a well-known pattern in human behavior that people tend to overestimate the probability or frequency of any event which easily springs to mind. For example, Americans tend to greatly overestimate the number of minorities in the US. Why? Probably because minorities stand out, are striking, and therefore attract attention, and are easier to recall, particularly if one is prompted to recall people on the basis of their race. Similarly, people wildly overestimate the number of gays, and think there are a lot more immigrants than there really are. Again: gays and immigrants are striking, therefore easy to recall. Very few people are afraid of driving, but some are afraid of flying on airplanes, for safety reasons. In fact, flying is far safer than driving, but plane crashes, when they do (rarely) occur, are striking, and easy to call to mind. This common cognitive error is called “availability bias.”

Lately, I’ve been reminded of this by the national furor over the killings in Newtown, Connecticut, or Sandy Hook, or wherever (link). I don’t know the details: I have no interest in them. You shouldn’t either. It’s 20-some deaths, in a country of 300 million, a world of 7 billion: far below the number of murders that happen in the US a typical day, let alone deaths from AIDS or malaria. It shouldn’t be considered news. But one of the nuisances in an age of mass media is that availability bias and the media’s quest for profits conspire periodically to waste the nation’s time on events which ordinary people’s statistical ineptitude fool them into believing are important. Of course, you can say that every human life is enormous value if you like– I won’t contradict you– but then (if you want to be consistent) every birth, every marriage proposal (a landmark in most human lives), every heart-warming death in the midst of a loving family ought to be news too. People should resolutely ignore stories like that out of Newtown. The media should refuse to report on it. Such stories actually make people more ignorant, because they reinforce availability bias. The most scrupulously accurate reporting on extremely unrepresentative events is, an important sense, misinformation: people think they’re learning something about how the world world works, when they’re not. “Why is our age peculiarly haunted by nihilistic violence?” people might think. It isn’t: on the contrary, it is amazingly peaceful.

But availability bias has an upside. If we give disproportionate attention to particularly striking instances of evil, we can also give disproportionate attention to particularly striking acts, or lives, or courage, self-sacrifice, and zeal for truth. Heroes, one might say, are a function of availability bias. The hero leads one life but his example, his memory, may resonate in millions of lives. Grisly crimes seize our attention to our detriment; but the examples of heroes edify us, more or less. Of course, a lot of heroes actually set rather bad examples. Alexander the Great was brave, no doubt, and had some other virtues; but there is much about him that ought not to be emulated. Napoleon’s example exerted a decidedly negative influence on the life of Europe. I think, in particular, that he left behind a widespread impression– on Hegel, for example– that it is okay for certain great men, because of their world-historic importance, to violate the moral law. Che Guevara was a bad man. King David had his virtues– and his crimes. It’s better to think about heroes like these than to think about Newtown. They are (most of them) a more edifying subject for contemplation than that, and they are more genuinely important.

Here the heroes of civil disobedience occupy a special place. The archetype here is not a Gandhi or a Martin Luther King: they matter, but not just for their civil disobedience, for they were also eloquent and held positions of leadership. Rather, take someone like Rosa Parks. She was not in (much of) a position of authority (she was the secretary of the Montgomery chapter of the NAACP). At any rate, it wasn’t by using her position of authority that she made a difference. She simply disobeyed the order of a bus driver to sit in the “colored” section in the back of the bus. Or Mohamed Biouazizi, the Tunisian street vendor who by lighting himself on fire in protest of police abuse, catalyzed the Arab Spring revolutions that proceeded to topple the governments of Tunisia, Libya, and Egypt. Or many of the otherwise obscure individuals who through Christian martyrdom became enrolled in the lists of Christian saints and inspired people for centuries or millennia thereafter. The influence of these people depends on availability bias. I would argue, if pressed, that one ought to ignore an event like Newtown, because it is not actually important to the lives of almost anyone– it shouldn’t induce you to modify your behavior, or your opinions– and it’s not edifying to contemplate. It is appropriate to contemplate Rosa Parks or St. Vincent, because their lives are edifying. But I don’t think people focus on them just for the sake of being edified. They focus on them because they are striking; only in this case, it just so happens that they are striking in a good way.

Availability bias helps to explain why civil disobedience works, at least sometimes. Much more often, at any rate, than the merely numerical weight of civil disobedients in the human population would warrant. (Also see my post Why Jose Antonio Vargas Matters.)

UPDATE: I suppose I should make it clearer why this is related to open borders. It’s because I think civil disobedience is likely to be one of the means by which open borders is established. A lot of people will start out by being against the deportation of Jose Antonio Vargas, or some similar figure. In the course of much debate and mobilization, they’ll realize that they can’t justify restricting the set of the non-deportable in any reasonable, non-arbitrary way short of making everyone non-deportable, which, after phasing out the anomaly of trying to bar entry physically, will end in open borders.