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Open Borders Allow People, Not Their Place of Birth, To Control Their Lives

Fabio Rojas has written that to convince the public to support open borders, advocates “need a simple and concise idea that undermines the belief that people from other countries must be forcibly separated from each other. This idea must subtly, but powerfully, undermine the distinctions that make people believe that only citizens have the right to travel and work without impair.”  He suggests that this idea must appeal to “basic moral intuition” and that “lengthier academic arguments,” while persuasive, are ineffective.  I propose the following intuitive, simple message to help convince people to favor open borders: Open borders allow people, not their place of birth, to control their lives.

The content of this message is not original, although the wording may be.  The content is borrowed in part from John Lee,  who has implored, “… let’s not use birth as a reason to deny those less fortunate than us some of the same opportunities you and I had.”  Similarly, R. George Wright of Indiana University has written, in “Federal Immigration Law and the Case for Open Entry,” how those with the “undeserved good fortune to have been born in the United States resist… accommodation of the undeservedly less fortunate.”

There are several reasons why this message may resonate with the public.  First, it refers to “people,” not “immigrants.”  Using Fabio’s language, this “undermines the distinctions” between those in immigrant receiving countries and would-be immigrants by emphasizing the common humanity between both groups.  Second, at least for the American public, its emphasis on “control” taps into commonly held values of individualism and self reliance.  Third, again at least in an American context, the idea that birthplace should not be permitted to negatively impact opportunity connects with the widely accepted notion that people should not be discriminated against based on congenital traits such as gender and skin color.

To humanize the message, examples of people constrained by conditions in their birth country must be provided. An powerful example would be the Dalits, or “untouchables,” of India.  A report   by two Dutch organizations explains the plight of this group:  “The caste system divides people on the basis of birth into unequal and hierarchical social groups. Dominant castes enjoy most rights and least duties, while those at the bottom – the Dalits–in practice have few or no rights. They are considered ‘lesser human beings’, ‘impure’ and ‘polluting’ to other caste groups. Untouchables are often forcibly assigned the most dirty, menial and hazardous jobs, such as cleaning human waste. Caste discrimination is outlawed in India, but implementation of legislation is lacking. It is estimated that in India there are around 200 million Dalits.” (page 9)  A Mother Jones article on abusive conditions for girls who work in garment factories in the Indian state of Tamil Nadu describes the situation in a village where some of girls come from: “Most of the tea workers are from the lower castes and make about $3 per day; it costs a month’s salary just to outfit a child with books and a uniform for school.”

Another example of conditions ruling lives is provided by Luis Alberto Urrea in The Devil’s Highway, which chronicles the suffering of a group of Mexicans who crossed into the U.S. through the Arizona desert in 2001.  Mr. Urrea notes the economic conditions at the time in the state of Veracruz, Mexico, where several of the individuals in the group came from:  “The people were killing themselves working the ranchos on the outskirts.  The fishermen couldn’t catch enough protein in the sea.  The cane cutters couldn’t cut enough cane.  The small peasant farmers couldn’t get good enough prices to cover the costs of planting and harvesting their coffee… Prices kept rising, and all families… were able to afford less and less.  Food was harder to come by: forget about telephones, clothes, cars, furniture.  Even chicken feed… was expensive.  Pampers, milk, baby formula, shoes, tuition, tools, medicine… Between Americanized prices for their frijoles, and the unpredictable spikes in the price of tortillas, the Veracruzanos sometimes didn’t even know how they would feed their families.” (pp. 44-45)

Beyond poor economic conditions, there are also numerous situations to be cited in which people’s lives are controlled by unsafe conditions in their home countries, such as the civil wars in Syria and Central African Republic.  Even without mass conflict, in many countries the average person has little protection from the violent whims of others.  In a recent column entitled “The Republic of Fear,” David Brooks notes that in many countries, especially in the developing word, unless a person is part of a wealthy, powerful elite, he cannot “take a basic level of order for granted.”  Mr. Brooks writes that “People in many parts of the world simply live beyond the apparatus of law and order.” As I have written previously, women especially have little protection from family members or strangers in many parts of the world.

Lack of control over one’s life is especially apparent in parts of the world where people cannot practice their religion, cannot choose what they wear, cannot marry whom they want, or cannot be openly gay.  In western countries that value such freedoms, emphasizing the opportunity open borders would provide individuals to acquire these freedoms should particularly resonate with the public.

The message emphasizing control also must be accompanied by evidence that open borders would not negatively impact the lives of most people in immigrant receiving countries and that there would be mechanisms instituted to compensate those who might experience economic losses from open borders.  (Vipul has summarized these mechanisms.)  The Immigration Policy Center site provides more such evidence, as does this site (Here, here, here, and here).

It is true that no one has total control over their lives.  Even in advanced countries, the family environment in which we were raised, our natural abilities, and our health often determine our options.  The idea in the message Open borders allow people, not their place of birth, to control their lives is to remove place of birth as a limiting factor.

Hopefully advocates will reach a consensus on a simple, powerful message supporting open borders that will resonate with the public.  The message promoted here can be a starting point.

Weekly OBAG roundup 06 2014

This is part of a series of weekly posts with the most interesting content from the Open Borders Action Group on Facebook. Do join the group to weigh in on existing discussions or start your own (you might want to read this post before joining).

Thought-provoking general questions or general observations

Discussions of specific historical or current situations

A conceptual framework for empirical analysis of migration (introduction)

Is migration good or bad for indicator X (here, X could be wages, employment levels, self-reported happiness, crime, welfare state use, moral virtue, etc.)? The question, as posed, is ill-defined. The ambiguity could arise from different meanings or interpretations of indicator X. But there’s also considerable ambiguity in the “Is migration good or bad” part of the question. Good or bad for whom? Compared to what?

I was moved to write this post series after an aborted attempt at trying to synthesize what different people had said about the effects of migration. Often, the people were talking past each other, measuring slightly different things. There’s a question of what we should measure, i.e., what measurement is the most appropriate one. But a first step is knowing that it’s possible to be measuring many different things. This post series attempts to clarify the range of things one could be measuring and how they relate to one another.

The series is structured as follows:

  1. Part 1: direct empirical measurement focuses on something that can be computed through direct empirical measurement: the performance of people who stay put in their countries, and the performance of people who migrate from one country to another.
  2. Part 2: comparative statics, multiple matrices discusses how to compare different policy regimes or scenarios for migration. Such comparisons typically involve counterfactuals and cannot be settled completely by empirical data: we need a model, and there’s considerable model uncertainty even if the data is excellent.
  3. Part 3: simplified model assuming no changes to non-migrants considers a simplified situation where we assume that migration at the margin primarily affects migrants and not the natives of either sending or receiving countries. The question is then about how migrants fare relative to the counterfactual where they are not allowed to, or were unable to, migrate. We’ll consider rank-ordering and quantitative comparison of natives of the source country, natives of the target country, potential migrants if they can migrate, and potential migrants if they cannot migrate.
  4. Part 4: Models for migrant performance considers different models for how migrant performance might be predictable in terms of the performance of the source and target countries.
  5. Part 5 discusses the descendants of migrants, and in particular the interaction with diaspora dynamics.
  6. Part 6 wraps up by considering some subtleties that were omitted in the preceding discussion.

The series also includes a number of minor mathematical digressions. If you have a reasonable background in mathematics (up to basic calculus and linear algebra, to the level generally needed for social scientists) you should be able to follow these. But you can otherwise skip the mathematical digressions without loss of continuity.

Choice of analytical focus

Despite the bewildering array of possibilities we’ll consider, there’s a high chance that the model used in the series will remain wanting. We’ll defer a detailed (but still partial!) discussion of the shortcomings to part 6, but a few preliminary remarks might be helpful.

A broad remark worth making is that the analysis in the coming parts will focus heavily on the migrant’s country of origin/birth (the “source country”) as well as the migrant’s country of current residence (the “target country”). We’ll also consider the distinction between migrants and non-migrants. This suggests that there are only three important components to the person’s identity that carry importance in statistical aggregation: the source country, the target country, and whether the person is a migrant. While other attributes can vary, we’re not interested in using them as the basis for grouping, since we’re aggregating over them.

But the reality is more complicated. Religious and ethnic identities can be subnational or supranational. Lebanese Muslims and Lebanese Christians may be best viewed as separate groups (though there are some cultural similarities and they’re probably genetically close to identical). In the United States, the Native Americans (American Indians) may be better viewed as a separate subgroup. On the other hand, sometimes it may be better to consider ethnic or ideological groupings that cut across national lines, such as Scandinavian, Western European, Anglo-American, Arab Muslim, Sunni Mulim, Shia Muslim, sub-Saharan African, Hindu, or ethnically Chinese.

The reason for our singular focus on nationality is simply that immigration law as it currently stands gives extreme importance to national boundaries and national membership. It may be ironic that, on a website devoted to critiquing the existing global regime of borders and migration controls, and the rigidity of national identity enforced by laws, a series of blog posts so meekly follows the status quo. My only excuse is that one needs to start somewhere. But you should feel free to fill in your own variations of the ideas based on forms of identity that do not coincide with one’s place of birth and one’s current residence, rather than wait to get to part 6.

Where’s the data?

As I go over different aspects of the model, you might be tempted to ask: can one actually construct the data that’s needed to do the quantitative comparisons and answer the various questions I pose? Data does exist for some things but not for others. The data for the model discussed in part 1 is relatively good. For the model in part 2, there is considerable model uncertainty, so rather than standardized data, we generally have to rely on individual pieces of research that attack specific instances. Often, the absence of data will illustrate the underlying point, namely, that obtaining clear answers to some questions is hard. It’s best to view this conceptual framework more as a tool to encourage clear thinking than as something in which we can plug in numerical values and answer questions.

If you’re interested in learning about existing data sets on migration, take a look at the migration information web resources page on this website.

Open borders between hostile nations

This blog post is an expanded version of a comment I posted on the Open Borders Action Group. It’s about whether hostile nations can or should have open borders, and how close a world would be to open borders if countries had open borders for all countries except those where they had nation-to-nation hostility.

In principle, one might say that having open borders with all countries except the few that the nation is officially hostile to is almost as good as having complete open borders. In most cases, a given nation is hostile to only one or two other nations, so curtailing the freedom to move to those specific nations is not that big an imposition. After all, if two nations with populations of a hundred million each closed their borders only to each other, that still leaves the residents of each nation access to the remaining ~7 billion of the world’s population and over 90% of the world economy. Isn’t that close enough to open borders?

In practice, though, countries with hostile relations aren’t random pairings — often the hostile relations are linked with shared cultural elements, a common language, family ties across the border, and interest in specific geographic locations. This is partly because hostilities arise from war, secession, or controversial historical reconfigurations of boundaries that failed to account for realities on the ground, often because it’s intrinsically impossible (see here, here, and here for more on how borders have been drawn historically around the world). Thus, cutting off people’s access to the hostile nation is a disproportionately large imposition relative to what the population sizes alone would suggest.

Now, it could still be argued that in some cases, the existential threat of free movement is so severe that, unfortunate as it is, free migration between the hostile nations cannot be permitted. But, as with many arguments to close borders, such arguments should be examined critically and appropriate keyhole solutions worked out wherever possible.

An additional point: looking at the most challenging situations for open borders can help us test the limits of the strength of the case for open borders. It can help explain just how far we believe the right to migrate stretches, and just where people who claim to be open borders advocates draw the line. I carried out a similar exercise earlier when considering denial of migration for people based on their criminal records.

Special dangers

Special benefits

High levels of cultural exchange, family ties, and commercial interaction give people in both countries vested interests in the preservation and safety of members of the other country. Free migration and free trade can facilitate these and make the world safer and more prosperous.

It’s not clear whether government leaders want these benefits. Those who derive their power from aggressive hawkish stances may find their authority undermined by friendly ties with hostile neighbors. But not all politicians fit this category. Further, politicians can sometimes combine hawkish rhetoric with the promotion of cultural interchange, getting the best of both worlds: the economic and cultural benefits and the support of people who care about national pride.

Temporary diplomatic standoffs

In cases where nations have temporary diplomatic standoffs over the actions of national leaders that don’t necessarily have popular support in either country, it doesn’t make sense to curtail migration — it’s highly unlikely that individuals in the country bear each other much ill-will. Ending free movement might turn a temporary standoff into long-term rivalry. Examples of such temporary standoffs arise when a government in one country clandestinely (often without the knowledge or support of its own citizens) supports a rebel faction, or an incumbent who eventually gets deposed, during infighting in the other country. The focus in this post is not on such instances but rather on cases where there seem to be enduring feuds based on long-term grievances. This article on how the West should respond to Putin’s aggression in Ukraine makes a similar point.

Some examples

The following are some examples of hostile nations that may be considered tough cases for the open borders paradigm:

  • North Korea and South Korea: This example is perhaps too unusual, because the main constraint here is not immigration restrictions but emigration restrictions put in place by North Korea. For more on North Korea, see here.
  • India and Pakistan: The countries were created as a result of the 1947 Partition of India, with a lot of bloodshed accompanying the creation. There is considerable mutual hostility over the disputed territory of Kashmir. More on India and Pakistan in a separate blog post. You can also get a good historical primer on the countries here.
  • Israel and Palestine: This is a highly asymmetric situation in many ways. Israel is internationally recognized and has considerably greater military might. Palestine is not internationally recognized and does not have a strong government, but there have been many suicide terrorists from the area attacking locations in Israel. We hope to write more, but for now, you might want to check out this post.
  • Russia and its neighbors (Ukraine, Georgia): There are land disputes between Russia and some of its neighbors, due to inherently contested boundaries. You might want to check out co-blogger Nathan Smith’s post, and we hope to write more about these issues later. This article (also linked from the temporary diplomatic standoffs section of the post) has an interesting relevant quote:

    Georgian policy towards Putin is a good example, I think. The Georgian government abolished visas for Russian tourists in spite of the tough relations between the two countries. Lots of Russians had an opportunity to see with their own eyes what was really happening in Georgia and how the market-oriented anti-corruption reforms affected the society.

  • Armenia and Azerbaijan: There may be more about these countries on our blog later. Some good articles to read are here, here, and here.
  • China and Taiwan: We’ll have more about this pair of countries on our blog later. Some good initial articles to read are here, here, here, here, and here.

There are many other examples of countries that have disputes over specific territories. There are also some examples of intranational borders to keep competing factions within a country from attacking or getting into conflicts with each other. Examples include the peace line in Northern Ireland and the green line in Lebanon.

We hope to explore these situations in greater depth in future blog posts. Any other examples of hostile nations worth discussing? Any historical examples? Any general considerations I missed in my opening remarks above?

Thoughts on State-Based Immigration Reform

Yesterday the Cato Institute ran an event discussing a state-based approach reform with panelists Brandon Fuller (NYU Stern Urbanization Project), Reihan Salam (National Review Institute), Shikha Dalmia and moderated by Alex Nowrasteh (Cato Institute). The archived video can be found here. Regional based migration reform has been discussed previously on this blog including a discussion of Canada’s federal approach to immigration.

I must admit that I was disappointed in how the discussion developed. The panelists focused on concerns by Salam that a state-based migration system would essentially turn migrants into serfs tied to their employers. I would have preferred it if the discussion focused actions already taken by US states as it would show that Salam’s fears are unfounded.

Take for example the situation in California. Anti-migrant hysteria reached its peak in the early 90s when Proposition 187 passed and attempted to limit public services available to illegal aliens and increase domestic enforcement. Oddly enough public backlash due to the proposition lead to migrant communities, legal and illegal, to become more politically active and turn California into a sanctuary state for migrants. Last year the TRUST Act, which limits the local police forces from cooperating with federal immigration authorities unless the migrant is a violent offender or otherwise commits a major crime, was passed and signed into law by Governor Brown.  Driving licenses were also approved by the state legislature and will become available for illegal aliens in the golden state in early 2015. The California Dream Act grants state funding for those illegal aliens brought to the state as minors. At one point the state legislature even considered a bill that would grant work permits to illegal aliens working in certain sectors such as the restaurant service industry. At no point is anyone being tied to their employer.

It is true that some states have used their discretion to pass anti-migrant legislation but they’ve failed horribly. In Alabama anti-migrant state laws lead to an embarrassing incident where a Mercedes-Benz executive was locked up in jail for a minor traffic accident.  Arizona is struggling to change its public perception to appear pro-migrant after the fiasco of the Arizona Senate Bill 1070 lead to the exodus of migrants from the state and painted the copper state as bad for foreign investment. Even under the strictest state immigration policies no one is being forced into serfdom though, migrants always have the option to return home or migrate to a third country with more favorable policies. In order for Salam’s fears of serfdom to materialize migrants must be prohibited from leaving.

Some states, like Utah, have taken a middle ground by passing anti-migrant legislation similar to the Arizona bill but also passing a guest worker visa (HB 116) that would invite further migrants to the state and provide work permits for the illegal aliens already present.  The Utah bill asks that work permit holders attempt to learn English to the best of their ability, to acquire a driving license if they intend to drive in Utah, and to have health insurance unless they can prove they are not at risk of becoming a public charge. The worker permit is fully portable and can be used to work within the entire state – it even allows for permit holders to do some contract work for the state.

Salam did have a point when he brought up that some provinces in Canada were generous when it came to sponsoring migrants but failed to retain them. This is not however an argument against state based migration as it only shows that favorable immigration policies are an insufficient condition for economic prosperity if a region does not also adopt conditions favorable to growth. Easing migration policies might help cities like Detroit, but would need to be accompanied by real reforms to how they are run. In this sense pro-migrant state policies act partially as a signal that a region is serious about reforming itself.

What I truly wish the discussion would have covered is the situation in the Commonwealth of the Northern Mariana Islands (CNM). The Northern Mariana Islands are a collection of islands in the Pacific that have been held by the Spanish, Germans, and Japanese before ultimately falling in American hands following the conclusion of WW2. Instead of seeking independence the Northern Mariana islands entered into political union with the United States as a commonwealth, similar to Puerto Rico’s status. Natives of the Northern Mariana Islands possess US Citizenship and have a non-voting delegate in the House of Representatives. When the Commonwealth of the Northern Mariana Islands joined the US they retained some powers, including the ability to settle its own migration policy independent of federal authorities. The Northern Mariana Islands used this to create a worker program to allow migrants from neighboring regions to come and provide much needed labor for the tourism and light industry sectors. The Northern Mariana Islands proved an attractive place for business as it had access to US markets, but labor costs were cheap.

In 2008 however federal authorities decided to revoke the Northern Mariana Islands’ regional migration policy with the passage of the Consolidated Natural Resources Act of 2008, which ‘federalized’ the commonwealth’s immigration system. Federal authorities and proponents of the federal take over of the commonwealth’s immigration system argued that labor conditions for migrants were poor since the CNM was exempt from the federal minimum wage. What proponents failed to realize was that migrants to the Northern Mariana Islands, which are overwhelming low skilled, were better off under such conditions than their alternatives. It is doubtful that the low-skilled workers who arrived in the CNM would have been able to migrate at all under the US’ federal immigration system.

The federal take over of the CNM’s migration system lead to a legal nightmare where many migrant workers found themselves in a limbo where they had fallen out of status through no fault of their own. At the same time economic conditions deteriorated as the islands felt the impact of the US recession.  The harm that federalization of the CNM’s migration system can be seen in its population alone. At its height the islands had a population of 70,000 but has slumped down to 50,000 (a reduction of 28.6%) after many of its workers left due to the reverse in migration policy and an economic recession worsened by the decrease in labor.

The Northern Mariana Islands are trying to do their best to handle the situation, but unfortunately are unable to do so without federal changes to the migration system.  Some pro-migrant groups are calling for a day of action on March 27 to urge temporary protected status (a status that allows migrants, regardless of current status, to remain and work in the US) to be extended to the estimated 200,000 pacific islanders residing in the United States, including those in the Northern Mariana Islands, who find themselves in this legal limbo.

The Northern Mariana Islands provide a prime example that a regional migration system can work if not hindered by federal policies but has thus far been largely ignored. With any luck further thought is put onto the issue of state-based immigration reform.