Category Archives: Uncategorized

Opening the Canada-US Border

This is a guest post by Peter Hurley. Peter is an American who studied in Canada. He’s interested in the law and his relationship with a Canadian brings him in direct contact with issues surrounding immigration. The post is a follow-up to Vipul Naik’s bleg about US-Canada open borders from about two months ago.

This week, both the US and Canada celebrate their national identities.  In the US, we celebrate our independence from Britain.  In Canada, we celebrate our confederation into a distinct nation, under the same crown as Britain, but with a wholly Canadian government and constitution.

These celebrations reveal as much about the similarities between the US and Canada as our differences.  We share common traditions about law and human rights from our common origins, and have maintained peaceful relations for two centuries.  We even co-ordinate our holidays so we can have the same long weekends.  Often enough, it can seem like an American from Seattle is more similar to a Vancouverite than a Canadian from Halifax.

Or, at least it seems that way until you try to move between the countries.  Then you find out that the border is more than an inconvenience on your road trip to Niagara Falls, it’s a serious impediment to people’s lives.

Both Canada and the US would be made better off by opening the world’s longest and most peaceful border.

This idea isn’t particularly new, and there are some common objections to it that deserve answers.  Many of these objections are common to any open border scheme, and those are dealt with ably elsewhere on this site, so I confine myself to objections that wouldn’t be common to any open borders scheme.  To be clear, I am proposing free transit over the border between the two, but with limitations on the ability of non-citizens of the US and Canada to use the open border to work or live permanently in the other country.

Economic Argument

One of the main practical arguments against an open border is that it will be economically harmful, particularly to Canada.  The concern is that Americans will flock to Canada to utilize government provided health care and that Canadians will dodge taxes by crossing the border to shop.  The latter is an argument that probably scares tax officials more than the Canadians who shop in the US and then wear everything they bought home. 

As to healthcare: with Obamacare coming into force, most Americans would see only a small health care savings by moving to Canada.  Obamacare means Americans earning low incomes get free or extremely cheap health insurance, and only relatively high-income people will pay substantial sums for healthcare.  And those high-income people are much less likely to be a net drain anyway.  Plus, Canadian healthcare currently requires a substantial period of residency before one becomes eligible for free coverage, so it requires substantial time commitment to living in Canada to qualify for healthcare.

Apart from healthcare, the welfare states in the US and Canada are remarkably similar, so there is little incentive to move from one to the other for benefits.  Disability, welfare, unemployment, food security, and retirement benefits are similar, and Old Age Security/Canada Pension Plan and US Social Security Administration already credit contributions from one towards the other.

The benefits of integrating labour markets between the two countries is very substantial as well.  Border areas often have labour markets which tilt heavily depending on whether the US or Canadian dollar is stronger.  An open labour market will allow workers from depressed areas in either country to seek work in nearby areas with relatively booming markets.  So a laid off construction worker in Buffalo can go build condo towers in Toronto, and oil field workers can move quickly between Alberta and North Dakota, without waiting months between jobs for immigration paperwork to be done.

Also, the monetary costs of border enforcement are substantial.  Both governments could reduce spending on border guards, as well as eliminating the giant deforested 20 foot swathe between the two countries.  More than that, the time that people spend waiting at the border is valuable.  About 62 million people crossed into the US via Canadian land ports of entry in 2012.  Assuming about as many entries into Canada, and assuming (generously I think) a 20 minute wait on average, that comes to 41 million wasted hours, plus a ton of pollution from the cars idling.  And that doesn’t even count trucks.

Political Argument

Another big worry that people have about opening the border is that it will change the character of the countries drastically as immigrants from Canada or the US flood in and overtake the culture (Canada) or make the country much more socialist (US).  I think this concern is not as big a deal as people make it.  Both countries have areas that are quite conservative (Alberta, Texas) and quite liberal (Vancouver, Boston).  There’s no reason to think that the average American who chooses Canada would be likely to push the political consensus very far, and would very likely fall somewhere into the mainstream of Canadian society.  Furthermore, open borders do not mean open citizenship.  Canada and the US can set whatever standards of residency and knowledge of local culture and government they want as requirements to attain citizenship. As to cultural assimilation, open borders do not kill cultures.  The southern US and Quebec both have open borders to their countries, and yet have different cultures from the rest of their countries: more so in the case of Quebec.

The Quebec Question

Within Canada, Quebec has maintained a distinct culture and language, and has taken extensive efforts to maintain that distinction, including a separate immigration regime on top of the federal system, as well as significant language restrictions regarding both public displays and schooling.  It is safe to say that opening the border to the US would be seen as a major threat to the separate culture of Quebec.  They shouldn’t be.  As it stands, millions of English-speaking Canadians are freely capable of moving to Quebec.  And that hasn’t stopped Quebec from maintaining its culture and institutions.  Open borders will not allow Americans to vote in Quebec or Canada, and the democratic institutions of Quebec are strong enough to handle a free and open dialogue with the world.  Even ardent sovereigntists don’t generally want to seal Quebec’s border with Canada upon independence.  And the open US border with Quebec provides the same sort of benefits for Quebec that the open borders with New Brunswick and Ontario provide.

Conclusion

The Canada/US border is probably one of the easiest questions of open borders in the world.  We are both rich countries with strong economies and extremely similar systems of law.  We have lots to gain from opening up what is already a slightly ajar door.  If you want to take incremental steps to opening borders, the Canada/US border is the first increment.

The photograph featured in the header of this post is of the US-Canada border. Via Reddit.

Betting the Republic

UPDATE: After reading but before citing or linking to this post, please read the follow up where the author reveals his/her identity.

Open Borders note: This is a special and unusual guest post from an individual who contacted Open Borders with a request that the restrictionist case be presented clearly to the Open Borders audience. It is a one-off post and is not part of a general trend of similar posts. The opinions expressed here are often in contradiction with the opinions of Open Borders bloggers in general.

Open Borders note: The draft submitted by the post author had no links in it. Links have been added to relevant content across the web by the Open Borders staff (with no change to the post text). These have been added by the Open Borders staff to ease additional research, and not at the behest of the author.

Author’s note: Hello, and thank you for reading. Hopefully today I’ll be challenging your perceptions and your beliefs, and I look forward to hearing your replies. Since this is a guest post, I should give you some background. I am, to use your term, a “restrictionist.” I am anti-open-borders and I have written pieces related to immigration, specifically arguing against open borders, in the past. I have been in contact with this site’s administrator for some time. We’ve had numerous debates on the topic, and I’ve asked him if he would be willing to allow me to present my argument to his readership, in the interest of a fair and open debate. He has graciously accepted.

For a number of reasons, I am not using my real name on this post. Please don’t think that means I’m unwilling to stand by my arguments! Quite the contrary – in one week, I will reveal my identity in a follow-up post. However, I would like each of you to read and consider my words with a clear mind, instead of prejudging based on my previous works, which a number of you may be familiar with. I would like to hear your arguments in response to my words, not in response to my identity. I thank the good people at Open Borders for the opportunity, and I thank each of you in advance who read this. I look forward to reading your responses!

I am a libertarian, so I believe in freedom, personal responsibility, and mutual respect. I don’t believe that your freedom to own a gun means that you have the “freedom” to shoot someone, and I believe that in the perfect world, every interaction among people would be voluntary on all sides. Because allowing unfettered immigration expressly violates these principles, I am against it.

I’m not against immigration on the margin. I believe that we are a nation of immigrants and great because of it. But the presumption of open borders and unrestricted immigration poses a unique danger to the very aspects of America that protect that greatness. Even if I had no other personal concerns, the precautionary principle itself would put me squarely in the “skeptical” camp in regards to immigration. Since I do have other concerns, however (which I have debated with other libertarians before), I will present them here.

In any society, people – especially large groups of people – exert political influence. This isn’t a factor unique to democracies, though it may be amplified by that particular form of government. Even in a totalitarian dictatorship, enough people will invariably exert influence. I’m well aware that immigrants need not necessarily be granted citizenship and thus voting rights simply because they’ve been allowed to legally remain in residence. However, consider that the alternative is hardly better: when we see millions of people living in societies outside of America completely devoid of political representation we call it “oppression!” People have, throughout history, fought long and bloody struggles for the right to be represented in their government – do we really believe that immigrants here, even if they initially promise not to, will do any less? Even if every immigrant were to come with the express condition that they understand they will receive no representation in our government, their children will be bound by no such promise. And if they are bound by it, would they not rightly complain, and struggle for the very representation their parents were willing to forgo? Whether it’s this generation of immigrants, their children, or their children’s children, it’s not unreasonable to assume that a massive influx of people from a radically different culture would radically change our nation. And what would they eventually change it into? The very societies and cultures they’re so eager to escape – and that we should be equally eager to keep out, if we believe America to be an example of a better way to organize society.

So what are our options as natives? If we allow unfettered immigration, we have only three real options when it comes to establishing the political influence of the immigrants: we can grant them full representation, we can grant them no representation, or we can grant them some form of partial representation. None of these three options seem politically viable. Granting full voting rights to people that have not been raised and educated to understand the nuances of our culture seems akin to handing a driver’s license to someone that has never even seen a car before. Even more accurately, it would be like granting citizens of foreign countries the right to vote in our elections! In fact, even pro-immigration advocates recognize this, and my understanding is that for the most part, they advocate instead for the so-called “keyhole solution” of immigration without citizenship. But that’s no better. Even the eleven million illegal immigrants currently in America exhibit political influence. Would we assume that possibly many times that number of legal ones wouldn’t, voting or no? It would only be a matter of time before a coalition formed to demand voting rights, and in an exact repeat performance of the period between 1869-1964, those immigrants will get those rights, just as black people did. The American democracy will tolerate nothing less; in fact, I’d bet that it would happen much faster this time around.

For the same reason, granting some sort of partial representation seems unlikely to remain politically viable. Any such effort would be uncomfortably reminiscent of racially-charged historical facts like the Three-Fifths Compromise, and it’s unlikely that such levees would hold against the rising tide of a concerted effort to overcome them, especially when the numbers in such an organized bloc would swell by the day from immigration itself. Other halfway measures exist as well, but each has its own version of this political dilemma. Allowing something like “free immigration zones” within America sounds reasonable – allow unfettered immigration, but only into certain areas both to prevent harms to a broad selection of natives and to limit political power to a small number of districts – but words like “ghetto” will surely be bandied about politically until the barriers are overwhelmed. The American electorate howls constantly for equality (or at least the appearance of it), and I sincerely doubt they would tolerate any appearance of deliberate inequality, even if the alternative was actually worse for everyone involved.

As a libertarian, I accept that there should be a strong presumption of allowing freedom in all forms, and I concede that this moral presumption means that we should try to allow as many immigrants as is reasonable. But “reasonable” should mean “in a manner consistent with protecting the very liberties these immigrants are seeking, and that natives already enjoy.” My solution, such as it is, is as follows: I do not believe that we should be screening potential immigrants for skill level or wealth, “stapling green cards to diplomas,” as it were. Instead, I believe we should be screening them for values consistent with maintaining a free America, and basing our immigration numbers on that statistic. An unskilled farm worker who believes in maintaining freedom and liberty is much more valuable to the nation than a skilled surgeon who would seek to emulate the failed policies of his or her homeland. If the potential immigrants were capable of governing themselves into freedom and liberty, they would not be trying to come to America to begin with. If there were a perfect way to measure political attitudes, then that could easily be an entrance criterion, but since it’s so easy to lie about such matters (especially if it becomes common knowledge that your immigration status depends on it), it is likely that some other measurable quality may be necessary. IQ stands as the most reasonable quality: it’s relatively easy to measure, and while IQ by itself need not matter, it stands as a reasonable predictor of income, which in turn is a fairly reliable predictor of education, which is positively correlated with better voting habits. Combined with the simple fact that higher intelligence makes you more likely to be more open to sound economics and libertarian ideals, it’s entirely possible that systematically lower IQ among third-world natives prevents liberty from taking root in those nations. If that’s the case, there is little that cultural assimilation will do to change that. So it stands to reason that despite the other benefits they may offer to Americans, allowing them to influence the political landscape of America is a potentially ruinous proposition.

If there were a politically viable way to divorce immigrants themselves from the political influence they could wield, then I would be far more likely to accept the open borders stance. Ultimately, I believe that immigration helped to make this country great, and that immigration will be an essential part of this nation’s even greater future. But in order to preserve this nation for the generations upon generations of immigrants to come, we need to ensure a single generation of immigrants does not overwhelm and destroy it.

Croatia, the EU, and Yet Another Experiment in Open Borders

Yesterday Croatia became the 28th member of the European Union. In doing so joined Europe’s great experiment in free trade and free immigration across diverse languages, beliefs, and cultures. The EU is not without its issues, but creating a large open borders region across Europe has not been the reason countries like Greece, Spain, Italy, Portugal, and Ireland have gotten into trouble.

Croatia is currently looking at a  18% unemployment rate and increasing options to move to a country like Germany with its 5% rate should be welcome. There are limitations still in place however. Croats won’t be able to go work in the United Kingdom for another seven years, and the country won’t enter the passport-less Schengen Area until 2015 at the earliest. Part of being able to do means clamping down harder on the country’s borders with countries outside the EU, a process that will require some significant investments.

Joining the EU probably won’t solve all Croatia’s current woes. But every person from Croatia who gets to try life somewhere else in Europe, and every European who finds a place to live or work in Croatia is a little improvement in the world. And every time a country opens itself up to freer migration without causing disaster the empirical case for open borders gets just a little stronger.

Women and Open Borders

TRIGGER WARNING: Some of the links contain graphic descriptions of rape, assault, and other forms of abuse.

In May, Christine Pelosi, chair of the California Democratic Party Women’s Caucus, urged feminists to support “immigrants’ rights as women’s rights” and “push for the most women-friendly immigration bill possible.”  She also observed that “many women’s rights advocates don’t see immigrants’ rights as a ‘women’s issue’ either out of privilege or unfamiliarity.”  Ms. Pelosi is correct about the overlap between immigration policy and the welfare of many women, although she doesn’t identify the best way to help women around the world: open borders policies in Western countries.

Before addressing how open borders could help women, I would like to observe that, just as many feminists may not concern themselves with “immigrants’ rights,” there is a dearth of women writing in support of open borders.  None of the contributors to this site are women.  Among those authors supporting open borders who don’t appear on this site, Vipul identifies only three women: Teresa Hayter, Jacqueline Stevens, and Aviva Chomsky.  (Harriet Grimsditch, a founding member of No One Is Illegal UK, can also be added.) (Ms. Chomsky’s support of open borders has to be inferred.  In her book  “They Take Our Jobs” and 20 Other Myths About Immigration (2007), she writes that “the decriminalization of border crossing would encourage almost all would-be immigrants to pass through established inspection stations…” (p. 190))  It is unclear why women are significantly underrepresented in authoring arguments in favor of open borders.  (It is interesting that a survey of global public opinion showed no gender differences in views on immigration policy.)

Open borders potentially could benefit women even more than men.  Like men, women would benefit from the economic opportunities made available by open borders and, conversely, be released from the various hardships imposed by restrictionism such as deportation, detention, separation from family, fear, exploitation, and being forced to remain in their home countries.

In addition, given the special plight of many women in many developing countries (and some wealthier countries, like Saudi Arabia) open borders would provide a crucial means of escaping their societies for the safety and freedom of the Western world.  In their book Half the Sky: Turning Oppression Into Opportunity For Women Worldwide (2009), Nicholas Kristof and Sheryl WuDunn write that “in this century the paramount moral challenge will be the struggle for gender equality in the developing world.” (p. xvii)  They ask, “Why is acid thrown in women’s faces, but not in men’s?  Why are women so much more likely to be stripped naked and sexually humiliated than men?  Why is it that in many cultures, old men are respected as patriarchs, while old women are taken outside the village to die of thirst or to be eaten by wild animals?  Granted, in the societies where these abuses take place, men also suffer more violence than males do in America–but the brutality inflicted on women is particularly widespread, cruel, and lethal.” (p. 67)

As Mr. Kristof and Ms. WuDunn suggest, many women around the world face widespread violence.  Some of the perpetrators are family members.  While domestic violence certainly exists in the U.S. and other Western countries, it is more pronounced and more tolerated in certain societies.  A Guatemalan lawyer claims that over a decade in her country, more than 4,000 women were killed in domestic violence, and only 2 percent of these cases had been solved.  Mr. Kristof and Ms. WuDunn describe the case of Zoya Najabi, an Afghan who was married at age twelve to a sixteen year old boy and who reported that “‘Not only my husband, but his brother, his mother, and her sister–they all beat me…’”  Mr. Kristof and Ms. WuDunn note that “the worst moment came when Zoya’s mother-in-law was beating her and Zoya unthinkingly kicked back.  Resisting a mother-in-law is an outrageous sin.  First, Zoya’s husband dug out an electric cable and flogged his wife until she fell unconscious.  Then, the next day, her father-in-law strapped Zoya’s feet together, tied her down, and gave a stick to the mother-in-law, who whipped the soles of Zoya’s feet.  ‘My feet were beaten until they were like yogurt,’ Zoya said.” (pp. 68-69)  Two other Afghan women were beaten each day for a week by their uncle and cousins, under their father’s supervision, for refusing to marry cousins. (pp. 156-157) Another form of domestic violence in parts of the world involves “honor” killings.  Sometimes, write Mr. Kristof and Ms. WuDunn,  “… a family kills one of its own girls because she has behaved immodestly or has fallen in love with a man…” (p. 82)  They estimate that there are at least 6,000 honor killings each year.

Women are threatened by strangers as well, with little protection from law enforcement.  In the Ethiopian countryside, according to the Mr. Kristof and Ms. WuDunn, “…if a young man has an eye on a girl but doesn’t have a bride price (the equivalent of a dowry, but paid by the man), or if he doubts that the girl’s family will accept him, then he and several friends kidnap the girl, and he rapes her.  That immediately improves his bargaining position, because she is ruined and will have difficulty marrying anyone else.  The risks to the boy are minimal, since the girl’s parents never prosecute the rapist–that would aggravate the harm to their daughter’s reputation and would be resented in the community as a breach of tradition.”  Until 2005, the authors note that “Ethiopian law explicitly provided that a man could not be prosecuted for violating a woman or girl he later married.” (62)   Similarly, a Mexican woman related how a man “… made her live with him, and forced her to have sex with him by putting a gun or a machete to her head, by breaking her nose and by threatening to kill the small children of her sister.  Once when she became pregnant, she said, she barely escaped alive after he had poured kerosene on the bed where she was sleeping and ignited it…  Local police dismissed her reports of violence as a ‘private matter,’ the court documents said, and a judge she turned to for help tried to seduce her.  ‘In Mexico, men believe they have a right to abuse their women because they are like a possession,’ she said.”   Mr. Kristof and Ms. DuWunn report that in Pakistan authorities are indifferent  “to injustices suffered by the poor and uneducated.”  They quote a gynecologist in Karachi who treats poor young girls who have been raped, usually by wealthy perpetrators: “‘When I treat rape victims, I tell the girls not to go to the police… Because if a girl goes to the police, the police will rape her.’” (pp. 83-84)

Mr. Kristof and Ms. DuWunn note that some recent conflicts, including those in Sudan, Sierra Leone, Liberia, and Congo, have involved mass rapes. (p. 83) Even after the conflict ended in Liberia, the predation against women persisted.  According to Mr. Kristof, the war there “seems to have shattered norms and trained some men to think that when they want sex, they need simply to overpower a girl.  Or at school, girls sometimes find that to get good grades, they must have sex with their teachers.”  During the war it was estimated that 75 percent of the country’s women had been raped.  “The incidence of rape has dropped since then but is still numbingly high.  An International Rescue Committee survey in 2007 found that about 12 percent of girls aged 17 and under acknowledged having been sexually abused in some way in the previous 18 months.”

Another harm women face in some societies is genital mutilation.  According to a U.S. court ruling, “The practice of genital cutting, a tradition throughout sub-Saharan Africa, has long been criticized by human rights groups and the United Nations and frequently takes place under unsanitary conditions, with tools like knives, scissors, razor blades and shards of glass…”  Alima Traore, who is from Mali, had endured this mutilation as a child  and applied for asylum in the U.S.  She said this about the U.S.:  “’It is a better place for women than Mali, because in Mali women don’t have any voice… Because it is the men who control.’”  Other African women who were victims of genital mutilation have also sought asylum in the U.S.

Governments severely restrict women’s freedoms in some countries.  In the Sudan, women are prohibited from wearing pants and are flogged for doing so.  In Saudi Arabia, women “need permission from their husbands or fathers to work, travel, study or even receive health care.  They cannot drive.  While more than half of the university students are women, their job prospects are severely limited.”    A woman can be whipped for being alone with a man to whom she is not married.  In Iran, the government in 2007 cracked down on “un-Islamic dress” and detained 150,000 women for violating the dress code.

Ending oppressive laws and the violence inflicted upon women in many countries is a formidable undertaking and a goal that could take a long time to realize, if ever.  A way Western countries could relatively quickly help women in these harsh situations is to open up their borders.  This probably would not mean a mass exodus of mistreated women to Western countries, since, as Mr. Kristof and Ms. DuWunn suggest, some of these women may be comfortable with the status quo: “… women themselves absorb and transmit misogynistic values, just as men do.  This is not a tidy world of tyrannical men and victimized women, but a messier realm of oppressive social customs adhered to by men and women alike.” (p. 69)  And obtaining the resources and arranging the logistics for those who wish to leave would be a challenge.  This is where those in the West concerned about the situation of women in these countries could help by providing shelters and financial help to women seeking to emigrate.  In some situations in which societies and families would be hostile to such interventions, a kind of modern day Underground Railroad system could be established to help women flee.  But first an open borders policy needs to be established to guarantee that those women who want to escape from their societies could find refuge in countries that respect them as women and people.  (Open borders would also allow victimizers to enter Western countries, but Western laws and institutions would better protect immigrant women than those in their home countries.)

Currently, for women seeking refugee in the U.S., the Center for Gender & Refugee Studies notes that U.S. immigration law has often been unfriendly to women seeking asylum based on gender related harm. “Decision-makers often fail to recognize that harms unique to women — such as forced marriage or honor killings — may constitute persecution.”  In 2009, a Mexican woman was killed by a former boyfriend shortly after being forced to return to Mexico by U.S. agents.  In an article in the Columbia Human Rights Law Review, the author relates the case of an asylum seeker from Guinea:  “… a woman was told that she would marry her uncle’s friend, who was fifty years older and already had four wives. When she objected, her uncle beat her. She escaped briefly, but upon her return was again beaten before the imam and then before the tribal elders, all of whom instructed her to proceed with the marriage. In addition, her uncle threatened to kill her should she persist in her refusal. The woman was finally able to escape and apply for asylum in the United States. Despite her credible testimony, the immigration judge denied the woman’s claim… He did not address the various forms of coercion being brought to bear upon her, or whether a marriage entered under such duress would constitute future persecution.” (p. 91)

The realization of open borders would benefit numerous women economically and/or enable them to escape from oppressive situations in their home countries.  To help make open borders a reality, more men and women in the West need to join this effort.

Weekly link roundup 1

This post begins a series of weekly link roundups for links across the web to a diverse range of content. The linked content need not have been published in the past week. As always, linking does not imply endorsement.