Tag Archives: citizenism

Overview of the Open Philanthropy Project’s work on migration liberalisation

March 18, 2015 Sebastian Nickel 2 Comments

[A draft of this post was reviewed by Alexander Berger, Program Officer for US Policy at GiveWell, and a number of changes were made to it based on his comments and corrections.]

Charity evaluator GiveWell seeks to identify underfunded charities that can provide clear evidence of positive impact. Making their list of top charities therefore requires that one do good in sufficiently uncomplicated ways, ideally through a straightforward chain of cause and effect. Open borders activism does not fit this description. However, in early 2013, GiveWell (GW) broadened their focus to include less tractable causes through the Open Philanthropy Project, a joint project of GW and the philanthropic foundation Good Ventures (GV). Among a few dozen general causes including criminal justice reform and geoengineering research, “international labor mobility” was put on the agenda no later than in May 2013. This post will give an overview of the work the Open Philanthropy Project (OPP) has done in investigating and funding migration related efforts in the last two years.

A shallow overview of “labor mobility” was posted on GW’s homepage in May 2013. The page credits two specific sources with raising GW and GV researchers’ interest in this cause: Michael Clemens’s article “Economics and Emigration” (the origin of the “double world GDP” estimate), and the conversation that GW and GV staff held with Lant Pritchett in June 2012.

The Open Philanthropy Project’s assessment of free migration as a philanthropic cause

Since the inception of the OPP, the researchers’ stated position has been that labour mobility holds potential for very large gains, mainly in the form of large wage increases for workers who migrate from low-income-countries to high-income-countries. This is in line with Michael Clemens’s argumentation, although the OPP’s position is more guarded in its assessment of the magnitude of the gains, stating little confidence in the output of the relevant models. (Note that Open Borders bloggers have also argued for a lower estimate than Clemens’s.) A back-of-the envelope calculation provided on the GW website nonetheless states that it may be appropriate to consider the “importance” of labor mobility to be in the low trillions of $/year, based on the assumption of 10% as much migration as expected under full liberalisation in the models used by Michael Clemens. Efforts to facilitate legal migration through information sharing and coordination are estimated to hold potential corresponding to hundreds of millions of additional $/year, and the Senate Comprehensive Immigration Reform bill is estimated to represent a plausible US policy path that would carry benefits in the low hundreds of billions of $/year for future migrants (these gains would be realised in 2033 had the bill passed in 2013).

Characteristically concerned with room for more funding, the OPP’s assessment considers the extent to which the cause is already crowded by other philanthropic organisations. Policy work concerned with the treatment of undocumented immigrants in the US and with high-skilled labour for US businesses is seen as very crowded. Crucially, however, the OPP’s globalist humanitarian perspective sets it apart from the vast majority of active philanthropists working on US immigration policy, whose focus seems strongly influenced by citizenism and territorialism: The OPP’s focus is primarily on the interest of the immigrants, not on the interests of US employers in search of labour. And their priority lies with low-skilled immigrants, who have the most to gain from labour mobility. And here, the cause is everything but crowded.

The shallow assessment of labour mobility from May 2013 raises the possibility of important downsides of migration liberalisation as requiring research, and takes no position on this side of the issue. A post published in July 2014 states (citing a conversation with Michael Clemens and announcing a forthcoming writeup of the evidence)

our current understanding is that best evidence suggests that both lower- and higher-skill immigration are net beneficial for current residents, though they have somewhat different distributional effects.

On the 3rd of September 2014, Holden Karnofsky posted a draft writeup on the likely impact of increased immigration on current US residents’ wages, which the OPP had commissioned David Roodman to write, stating

We haven’t yet fully vetted this writeup (something we are planning to do), but we believe it gives a thorough and convincing picture of the literature, and provides some reason to believe that immigration is unlikely to result in substantially lower wages (particularly over the long run) for current residents.

(See also Open Borders’ reference page on the potential suppression of wages of natives.)

As for how highly they have prioritised this cause compared with the other philanthropic causes on their list:

An update on the Open Philanthropy Project posted on the GW blog on 26 September 2013 described “deep investigations” of 7 philanthropic causes as a crucial next step, involving proactive grantmaking. Labour mobility is on top of the list.

A much later post from 29 May 2014 on “Potential U.S. policy focus areas” groups labour mobility together with “macroeconomic policy” under the heading “Ambitious longshots: outstanding importance”, and places “deep investigation” of these two causes on top of the agenda, as investigation into the more time-sensitive “criminal justice reform” was being paused at that point in time.

A new Open Philanthropy Project update on US Policy related causes was posted on 10 March 2015. It states:

Our highest priority is to make a full-time hire for criminal justice reform, factory farming (pending a last bit of cause investigation, focused on the prospects for research on meat alternatives), or macroeconomic policy. Our second-highest priority is to further explore international labor mobility and land use reform, areas that we find conceptually very promising but in which we aren’t currently aware of (multiple promising-seeming) potential grant opportunities, and accordingly aren’t ready to make full-time hires in. These priorities are followed by several issues on which we have a relatively specific idea of what we could fund, and the next steps would be to investigate in much greater depth to decide whether the specific potential grants were worth making.

A spreadsheet linked to from last week’s OPP update explicitly gives “labor mobility” the highest importance out of all OPP causes. (See the “Importance” column.) Unfortunately, this importance is not reflected by a corresponding number of funding opportunities.

Taking action

Since many of the causes taken on in the Open Philanthropy Project call for policy changes, GW’s and GV’s researchers have investigated expected costs and benefits of policy reform strategies. Vipul has written an Open Borders post about the conversation they’ve held on the topic with Steve Teles, and they have also held two conversations with Mark Schmitt. A series of blog posts from October and November 2013 outline some general conclusions on policy oriented philanthropy.

As previously mentioned, the “deep investigation” of the causes was to involve proactive grantmaking. A blog post from May 2014 describes how GW’s and GV’s researchers came to adopt this approach:

from observing the behavior of potential grantees and other funders, we came to believe that a funder must be highly prepared (and likely) to make grants in an area in order to find giving opportunities in that area. Many people will only make the relevant referrals, propose relevant ideas, etc. once they are convinced of a philanthropist’s serious interest in providing funding.

The term “Earning to give” is often used in the Effective Altruism community, and I imagine the parallel terminology here is intentional:

“Giving to learn” can mean multiple things. It can mean (a) funding research in order to gain specific knowledge; it can also mean (b) funding a project in order to learn from following the project’s progress. The dynamic laid out in the above bullet points represents perhaps the most counterintuitive meaning: “giving to learn” can mean (c) offering funding in order to learn from the process of finding grantees.

[Update: Alexander Berger tells me the parallelism is not intentional.]

Three grants and one potential top charity

The Center for Global Development (CGD) was awarded a grant for $1,184,720 over 3 years in March 2014.

This is the nonprofit think tank that employs Michael Clemens. As mentioned above, his publications were important in bringing the issue of labour mobility to GW and GV researchers’ attention.

In the aftermath of the 2010 earthquake in Haiti, Michael Clemens had advocated for making Haiti eligible for access to the H-2 temporary work visa program, as an outstandingly effective form of disaster relief. GW and GV researchers estimate that his efforts contributed significantly to the U.S. government’s decision to accept this proposal.

The grant will fund further research by Michael Clemens on “both marginal and more ambitious” changes to migration policy and its possible role in disaster relief. CGD will further use the grant money to launch a Working Group on Designing and Evaluating Bilateral Low-Skill Labor Mobility Agreements between high and low income countries. A Working Group on Creating a Migration-for Development Unit within the US Government will possibly also be launched.

While GW and GV are unsure of the marginal contribution the grant money will make to the CGD’s productivity in this area, they note that Michael Clemens’s work had very few sources of funding.

Follow-up is a crucial part of the Open Philanthropy Project’s process. The writeup states that they “expect to have a conversation with Dr. Clemens every 3-6 months for the duration of the grant to learn about the status of his research and advocacy efforts, with public notes if the conversation warrants it.”

Notes on a conversation with Michael Clemens held on 21 January 2015 were published last week. Highlights:

Recently, most of Dr. Clemens’ time has been dedicated to three working groups and one study group:

A working group on a bilateral labor agreement between the U.S. and Mexico. This project has been funded by Good Ventures’ grant.
A working group on creating a migration and development bureau within the U.S. government. This project has been funded by Good Ventures’ grant.
A working group on implementing global skill partnerships. This project is currently stalled, and it is unlikely that CGD will become involved in any global skill partnerships within the next year.
The Beyond the Fence study group, focused on the indirect effects of the drug war in the U.S., Mexico and Central America. This group’s work has been fairly light so far.

Some details on the first of those working groups:

The exact output that the working group will produce is itself a subject of discussion. It may decide to produce a document outlining particular features that a practical agreement would require and suggesting research needed. This could build upon current bilateral, interministerial cooperation happening between the U.S. and Mexico.

(…)

A primary goal of this group is to design a better system for pairing migrant workers with employers than the current H-2A temporary agricultural worker program. Employers perceive the H-2A program as an obstacle. The U.S. Department of Labor could potentially create a pilot of a program that is instead a useful service for employers, similar to New Zealand’s Recognized Seasonal Employer Work Policy or the work of CITA Independent Agricultural Workers Center.

The second half of the conversation notes provides a lot of detail on Michael Clemens’s numerous migration related research projects. The last section of the document states:

Dr. Clemens does not have a good metric for determining the influence of his work. His papers are frequently included in course syllabi, and two of his papers in particular, “Economics and Emigration: Trillion-Dollar Bills on the Sidewalk?” and “The Place Premium,” seem to receive significant attention.

The U.S. Association for International Migration and the International Organization for Migration were awarded a grant for $1,490,500 over approximately 14 months in July 2014, for a jointly submitted proposal that will involve three further organisations. Among these is the Center for Global Development, which will conduct an evaluation of the program to assess its impact.

The grant will fund a pilot program to familiarise U.S. employers with Haitian lower skill workers, and ensure the legitimate uptake of available temporary H-2 working visas.

Potential upsides of the project include the continuation of the program after the pilot study, and policy changes in response to the results of the evaluation.

A December update reports that the first phase of this program has gone satisfactorily (one of the initial criteria for disbursing a second tranche of funding was waived, as it was recognised in hindsight as unrealistic), and announces the launch of its second phase.

The same document on the conversation with Michael Clemens on 21 January 2015 as cited above also includes two paragraphs giving further updates on this program:

Sarah Williamson (Protect the People) and her team have not yet finalized the employers who will participate in IOM’s program to bring Haitian workers into the U.S. via the H-2A program. IOM plans to take leaders of Haitian agricultural associations on a “study tour” of American farms, with the hope that farmers will put in orders for Haitian workers after meeting these leaders in person.

CGD is preparing to run a survey to measure the effects of the program. (…)

ImmigrationWorks was awarded a grant for $285,000 in July 2014.

Quotes from the writeup to ponder:

We were not able to find any advocacy organizations dedicated to making the case that more lower-skill workers should be allowed to migrate on humanitarian grounds, and experts generally told us that they felt that there was not a major constituency for such a message. The only groups we were able to find advocating for more lower-skill migrants represent business in some capacity, and they are relatively small or do not focus primarily on lower-skill immigrants (…)

Said groups numbered 3, counting ImmigrationWorks. Further:

our understanding is that ImmigrationWorks is the only one for which lower-skill immigration is the top priority, and that it is much smaller than the others.

ImmigrationWorks’ stated mission is to organise small employers of lower-skill immigrants, and mobilise them to advocate in Washington D.C. and across the U.S.

Their stated principles involve: bringing annual legal intake of foreign workers in line with “the country’s labor needs”, ensuring better enforcement of immigration laws, finding “a way to deal realistically with” existing illegal immigrants (which can be neither amnesty nor deportation, as those are both deemed “unacceptable”), and making sure that immigration policy is handled at the federal level.

The writeup acknowledges a (low) risk that ImmigrationWorks will use the grant to move policy in a direction that GW and GV would consider actively harmful.

Beyond closing the organisations projected funding gap for 2014, the proposed uses for the grant are:

Advocacy for immigration reform (…) that includes an ample less-skilled worker visa program, by mobilizing business to advocate to “business-minded Democrats and pro-immigration Republicans.”
Public opinion research (…) to try to determine which messages work to persuade people of the need for lower-skill immigrant workers
Building consensus around policy (…) with the business community

Conversations with IW founder Tamar Jacoby are expected “every 2-3 months over the course of the year-long grant.” No update has yet been published (which does not mean that no conversations were held, as notes are published only for a minority of conversations).

Migration within national borders

Domestic migration may not be of obvious concern to bloggers devoted to Open Borders, insofar as the obstacles faced by the migrants do not include any political borders. But the work on seasonal migration within low income countries that GW and GV researchers have been following and funding is quite relevant to Open Borders advocacy as well.

Bryan, Chowdhury, and Mobarak have run randomised controlled trials in Rangpur, “a region of rural Bangladesh that persistently suffers from pre-harvest famines.” The trials were conducted over three years and involved 100 villages. This research finds that providing subsidies for seasonal migration can effectively increase migration and household consumption.

Evidence Action, the organisation that manages the GW Top Charity Deworm the World Initiative, is currently funding a 4,000 household study in northern Bangladesh “to explore further the potential of scaling up a migration subsidy program”. The OPP has made a $250,000 grant to support this work in March 2014, with the stated aim of supporting the creation of future Top Charities.

A more specific goal of this research is to empirically investigate a number of questions on unintended consequences of migration – some of which are frequently discussed here on Open Borders:

Does sending many unskilled laborers to a single city change wages?
Does migration influence housing prices at destination cities?
What kinds of housing opportunities are migrants finding?
Does migration affect food prices in villages of origin?
Does migration change gender dynamics (e.g., what changes occur when women are left at home to manage home finances when men migrate)?
Are there are any unintended consequences for households who do not send a migrant?

Provided that the results of this research are encouraging with respect to scalability, Evidence Action intend to significantly scale up their seasonal migration support program. We can hope to see a funding proposal later this year.

Conclusion

I am very impressed with the Open Philanthropy Project’s work on labour mobility. It is exciting to read about the specific action undertaken, and I can imagine their sheer demonstration of initiative having considerable power to shift people’s thinking on migration.

The researchers’ careful evaluation both of the importance of the cause of migration liberalisation, and of the amount of effort currently invested in the cause, seem to me to strongly confirm the views generally held on these issues by Open Borders bloggers. To recap some relevant highlights:

The OPP come out prioritising the cause of free migration very highly. If other causes are currently prioritised more highly, the stated reason for this is always that they are able to identify more funding opportunities in these other domains. Thus, when it comes to launching additional efforts to further a cause, increasing freedom of migration between low-income and high-income countries seems to be a plausible candidate for “most high impact cause to take on”.
The OPP have found no political advocacy group in the U.S. that promotes immigration of low-skilled workers on humanitarian grounds.
The OPP have found only three political advocacy groups in the U.S. that promote immigration of low-skilled workers at all, and they all do so with the aim of “advancing the interests of U.S. businesses”.
In contrast, there is plenty of philanthropic engagement in immigration-related causes that are consistent with extreme citizenism (bringing in more high-skilled labour to advance U.S. economic interests) and territorialism (defending rights of existing immigrants, but not the right to immigrate).

Constitutionally entrenching migration as a fundamental human right: Argentina and open borders

November 25, 2014 John Lee 16 Comments

US President Obama just announced a major policy change that will, at least temporarily, allow some immigrants a reprieve from the threat of deportation. Co-blogger Michelangelo’s pointed out that this is still extremely far from the true liberal reforms which the unjust, draconian US immigration system sorely needs. People are falling over themselves to contest the constitutional permissibility of Obama’s actions — for more on that, see our guest blogger and law professor Ilya Somin’s take. Irrespective of that legal issue, Michelangelo is right that we need to dream bigger — so let’s talk about one country in the world which legally enshrines freedom of movement as a universal human right: let’s talk about Argentina.

Now, I don’t have the time or space in this post to cover every single aspect of the Argentinean story: despite the many parallels between Argentina and any number of Western or developed countries you can name, Argentina is not the canonical open borders country; it does not represent a template that can be copied whole sale. Neither can it be a representative test case illustrating the likely effects of open borders if another country were to adopt them.

The empirical learnings to be had from the Argentine experience are worth a whole set of blog posts, if not books. Today, I want to just talk about the laws and constitution that govern immigration to Argentina — for in of themselves, they prove that what so many restrictionist naysayers call legally and philosophically impossible can in fact be done without the nation-state collapsing into a black hole of philosophical contradictions.

Argentina, like the US and many other countries, has a long history of being shaped by migration. Prior to the abolition of international open borders in the early 20th century, as much as a third of the Argentine population was comprised of immigrants. Over the course of the 20th century, restrictive immigration laws were introduced by various dictatorships, and the immigrant population eventually dwindled to a small fraction of its former size. So far, the Argentine story is much like that of every other country in the world: open borders up until the early 20th century, and restrictionism thereafter.

Up until a decade ago, Argentinean immigration law was like that of any other country’s. It disclaimed and disdained any concept of freedom of movement as a human right. Sizeable populations of undocumented migrants lived in the shadows, legally separated from the course of ordinary human life, and routinely deported when discovered. This legal-philosophical framework, we are supposed to believe, is the natural order of things: it is impossible to have an immigration law that abolishes arbitrary deportation, impossible to have an immigration law that recognizes mobility as a human right.

But in 2004, the Argentine government swept all this away, and adopted a new immigration law, simply labeled Law 25.871. This unremarkable name aside, the law is sweeping in its defence of movement as an inalienable human right. Article 4 states simply:

The right to migrate is essential and inalienable to all persons and the Republic of Argentina shall guarantee it based on principles of equality and universality.

The law does not go as far as to abolish visa or border controls, but it lays out a simple — at least on paper — process to immigrate to Argentina: find an employer or family member who will sponsor you. Once sponsored, you become a temporary resident. After one to two years, you can apply for permanent residency. After a few more years, you become eligible to apply for naturalisation as a citizen. There are no visa caps or quotas to worry about — something which already puts the Argentine system way ahead of every other country in the world in respecting the human right to migrate.

But Argentina goes further: not every individual who enters Argentina might be able to find a sponsor. And although the law prohibits entry without a visa or similar legal documentation, people will find a way in — not least because you could always just overstay a temporary visa. It’s virtually impossible to seal your borders without becoming a military dictatorship. And Argentina recognises this, with Law 25.871 declaring that those who migrate to Argentina without legal residency are simply “irregular migrants”.

Remarkably, Law 25.871 bans discrimination against irregular migrants in the provision of healthcare or education. Deporting an irregular migrant requires a court hearing, and generally may only be executed if the government offers the irregular migrant a chance to regularise their status, and the migrant refuses this offer. Exceptions, of course, are made for criminal convicts and the like, but otherwise, deportation is rarely enforced, and instead large-scale “amnesties” — though the more accurate term would be regularisations — have been the norm. The International Detention Coalition summarises Argentine deportation policy:

Migration decisions are made by immigration authorities but are reviewable by a court, with no detention during this period. Legal aid is available throughout the deportation process for all irregular migrants. Deportation and detention are both decisions that must be ordered by a court, with detention used only as a final resort after all other remedies are exhausted. Detention is limited to 15 days pending removal. In practice, migrants who have been committed to prison for criminal offences are the only immigration detainees.

One American immigrant to Argentina worried about his spouse overstaying their visa and becoming an irregular migrant describes what happened when he asked an immigration official what he should do:

Then we spoke with another, much kinder immigration official who assured us that there is absolutely no deportation law in Argentina. She laughed when I told her that I feared that a white van would come to our house to take my spouse and deport him. She told me that Argentina is not the United States and they don’t treat immigrants this way. The only time that Argentina would ever consider deporting someone who is illegal is if he or she commits a crime.

Imagine that — a country with no deportations! It’s not just easy if you try: it’s actually real! But not all is roses, naturally: the continued existence of large populations of irregular migrants in Argentina points to the failure of the government to live up to the law it passed. Anecdotal evidence suggests that bureaucratic red tape often constitutes a barrier to successful sponsorship — and while this is a mere headache for middle-class immigrants, for semi-literate members of the working class, complying with the requirements of immigration laws can be more than onerous.

Argentina is hardly unique in this regard: when my family immigrated to the US (after first overcoming the ridiculous quotas that kept us waiting for about two decades after our visa petitions were first submitted), we had to provide documentation from the local police in every jurisdiction we’ve lived in showing that we’ve been citizens in good standing with the law. Obtaining this documentation is at worst a nuisance for a middle-class person — and even then, since documentary burdens like these are many and cumbersome when you’re dealing with immigration authorities, a lot of people in our shoes would have outsourced this gumshoe work to an expensive lawyer. For a working class person who might have frequently moved around a lot without keeping many records, and whose educational attainment may not go past elementary school, obtaining this sort of evidence can border on the impossible.

Aside from the burdensome red tape that makes legal residency difficult to attain, Argentina also strangely upholds legal persecution of irregular immigrants: landlords and employers who do business with irregular migrants are singled out for punishment by Law 25.871. Clearly this has not stopped Argentineans from doing business with irregular migrants, but this does seem discordant with the rest of the law: notably Law 25.871 explicitly states that all leases and employment agreements which irregular migrants enter into will be upheld and enforced by the courts, even though entering into these agreements is in of itself an offense.

Argentina does not have truly legal open borders, but it comes remarkably close. If the bureaucratic requirements for obtaining residency were loosened and the fines for employing or renting to irregular migrants were abolished, I think Argentina would basically have open borders — because every person seeking to travel to Argentina for work, study or pleasure would be free to do so. Those seeking to commit crimes would still be punished and subject to exclusion; all others seeking to move and live in peace would be let in peace.

Argentina is a remarkable counterpoint to those who allege that open borders are by definition inconsistent with national sovereignty, or that open borders by definition threaten the social compact governing the welfare state. We on this blog have spoken a lot about how governments are free to limit migrant access to welfare, and other similar policies that we call keyhole solutions.

Argentina is faring just fine despite throwing these out the window: even irregular migrants have full access to both private and public education and healthcare, and are generally allowed access to other social benefits too. In fact, other keyhole solutions we’ve discussed, such as the imposition of tariffs or additional surtaxes on migrants, are unconstitutional.

That’s right: Law 25.871 didn’t pull the concept of the right to migrate out of thin air. Argentina’s history of open immigration dates a long way back, all the way back to 1853 when it adopted its constitution. Article 16 consciously adopts an egalitarian stand on the rights of citizens and foreigners, treating them all as inhabitants entitled to the same freedoms under Argentine law:

All its inhabitants are equal before the law, and admissible to employment without any other requirement than their ability. Equality is the basis of taxation and public burdens.

The rhetoric about equitable taxation is remarkably repeated twice more. Article 20 of the Argentinean constitution elaborates on egalitarian treatment of foreigners:

Foreigners enjoy within the territory of the Nation all the civil rights of citizens; they may exercise their industry, trade and profession; own real property, buy and sell it; navigate the rivers and coasts; practice freely their religion; make wills and marry under the laws. They are not obliged to accept citizenship nor to pay extraordinary compulsory taxes. They may obtain naturalization papers residing two uninterrupted years in the Nation; but the authorities may shorten this term in favor of those so requesting it, alleging and proving services rendered to the Republic.

No extraordinary taxes — and foreigners enjoy all the same civil rights as citizens! And Article 25 of the constitution states:

The Federal Government shall foster European immigration; and may not restrict, limit or burden with any tax whatsoever, the entry into the Argentine territory of foreigners who arrive for the purpose of tilling the soil, improving industries, and introducing and teaching arts and sciences.

No tariffs on the entry of immigrants either! We’ve proposed such schemes as potential mechanisms to mitigate possible fiscal burdens of managing migrant inflows, but Argentina has expressly ruled these out — and yet nobody can say that open borders or open immigration are what is ruining Argentina. Argentina has easy naturalisation (you can become a citizen within five or six years of entering the country) and birthright citizenship for anyone born on its territory — all things restrictionists dread — and yet hardly anyone can say this is what’s ruining the country.

If anything, Argentina seems to have been designed as a decisive rejection of all the philosophical ideas immigration restrictionists hold dear. Most arguments for the arbitrary restriction of immigration rest on this moral philosophy sometimes labeled as “citizenism”: the belief that the government of a country is justified in excluding, abusing, and mistreating non-citizens as long as this is for the benefit of its own citizens. Even if these non-citizens come in peace, even if they want to work with you, work for you — the government has no business considering any of this. The government is established for the benefit of current citizens alone, to the exclusion of all others.

Acuerdo de San Nicolás de los Arroyos, a treaty between different governors signed in 1852 to convene a Constitutional Convention that drafted the constitution of 1853, source La Guia 2000, discovered via WikipediaWell, the preamble of the Argentine constitution explicitly rejects citizenism — I’ve added emphasis to make this clear:

We, the representatives of the people of the Argentine Nation, gathered in General Constituent Assembly by the will and election of the Provinces which compose it, in fulfillment of pre-existing pacts, in order to form a national union, guarantee justice, secure domestic peace, provide for the common defense, promote the general welfare and secure the blessings of liberty to ourselves, to our posterity, and to all men of the world who wish to dwell on Argentine soil: invoking the protection of God, source of all reason and justice: do ordain, decree, and establish this Constitution for the Argentine Nation.

A constitution that insists on treating immigrants as virtual equals with citizens, and a constitution that enshrines immigrants’ rights to justice, peace, welfare, and liberty: it sounds like an utopian dream, but it is real, and it’s in Argentina.

There are many things not to recommend about Argentina; its overly burdensome red tape, both in immigration and in just about every other arena of public life, famously strangle ordinary economic activity. The long legacy of Peronism has seen Argentina’s economy stagnate, and even today, Argentina’s government chronically mismanages the public fisc. But none of these problems have anything to do with immigration, and everything to do with problems endemic to the culture of Argentinean public life — a culture that has remained remarkably resilient despite Argentina’s long history of open immigration and now its reopened borders.

Argentina is far from perfect, but its constitution and immigration laws show us the way forward in guaranteeing the just and equitable treatment of all human beings subject to our governments’ laws, be they citizen or foreigner. In drafting their constitution, Argentina’s founding fathers drew on the constitution of the United States. Perhaps now those Americans opposed to open borders and freedom of movement would do well to take a page from the Argentine playbook, and remember the wisdom of their own founding fathers.

The American and Argentine tradition of open borders did not emerge from a legal or philosophical vacuum, after all. At the founding of modern Germany in the 1860s, German legislator Wilhelm Liebknecht articulated the legal rationale for egalitarian principles like those upheld in Argentina’s constitution and immigration laws:

A right that does not exist for all is no right… Gentlemen, it is necessary for us to proceed in the same fashion that England, that free country, has already taken, and to extend to foreigners the same right that exists for Englishmen. There is no such thing as police expulsion in England; the government there does not have the right to deny someone their place of residence.

Or, as one of Liebknecht’s colleagues put it,

…it is a barbarity to make a distinction between foreigners and the indigenous in the right to hospitable residence. Not only every German, but every human being has the right to not be chased away like a dog.

I could not have said it any better myself. Argentina is not perfect, but its laws come far closer to the wisdom of our ancestors on freedom of movement than the laws of virtually any other country today. Obama’s action to provide relief from deportation for a few million American immigrants is welcome, but it is not true justice. There cannot be justice until America, and every country in the world, recognises that every human being has the right to not be chased away like a dog. Stop the deportations — not one more!

I am indebted to Barbara Hines’s The Right to Migrate as a Human Right: The Current Argentine Immigration Law and discussions with members of the Open Borders Action Group for their assistance in preparing this article.

Source for featured image: We didn’t keep track of the original source, because there are many similar images available via Google Search. This might have been the original source.

Citizenism: how do we deal with it?

March 20, 2014 Vipul Naik 2 Comments

Regular readers of the blog are quite familiar with citizenism, but for those who’re new here, citizenism is basically the view the government policies should discriminate in favor of current citizens and their descendants, relative to prospective migrants and any descendants those migrants might have. Citizenism is one of the more common philosophical bases for anti-immigration arguments. The term is due to Steve Sailer, and more discussion can be found at our backgrounder page on citizenism and our blog posts tagged citizenism.

In a previous blog post, I argued that citizenism is an important under-current in the way people think about issues related to migration, even if very few people explicitly subscribe to it. However personally distasteful it might seem to people who support open borders, they (or shall I say, we) need to deal with it. But, how should we deal with it? In this blog post, I discuss some possibilities.

Approach #1: Avoid explicitly addressing citizenism (either favorably or unfavorably), while keeping citizenistic tendencies of the people you’re addressing in mind

Citizenism is only one of many under-currents in people’s thinking. Different choices of framing can put emphasis on different under-currents. One option for open borders advocates is to concentrate on a framing in terms of equality, human rights, opportunity, freedom, justice, or what not (see our moral case for starters) that does not either condone or challenge citizenism.

The logic behind such a strategy is that most people behave citizenistically only if citizenship and national identity are brought to the fore in the framing presented to them. If we explicitly mention the concepts, whether favorably or unfavorably, or even discuss them neutrally, it primes people in a certain way that will not redound to the benefit of open borders advocates. This is not to deny the possibility of a citizenist case for open borders. However, any such case typically depends on other factors (for instance, economic literacy, willingness to challenge taboos against putting a price on things) that may be even harder to sidestep or remedy than citizenism.

Obviously, this strategy will not work with hardcore citizenist restrictionists such as Steve Sailer. But such people form only a small minority and one might argue that, in public messaging, it’s worth sacrificing the need to address or steelman these individuals if that allows for easier outreach to people who don’t have strong priors on migration.

Note that one danger of this strategy is the sip taste test problem: even if ignoring citizenism might yield significant short term positive results in terms of how easily one seems to convince people, it might lead to worse long term results once the hardcore restrictionists issue responses (whether in comments on the website, letters to the editor, or separate responses in articles or talk shows). Thus, even people who choose to strategically ignore citizenism when making the “first round” of their case need to be prepared to address it if somebody brings up citizenistically laced arguments in response — and need to address it in a way that does not make them look bad for having ignored citizenism in the first place.

Approach #2: Make arguments within a citizenistic framework, without personally endorsing citizenism

The idea here is to point to the many benefits that migration may confer to receiving countries, and in general, point to the citizenist case for open borders. Perhaps even endorse keyhole solutions such as immigration tariffs or migration taxes that are designed to meet explicitly citizenist goals. All this, without holding citizenism as a moral standard or personally endorsing it.

Such arguments may be combined with other arguments in favor of migration that describe the benefits to migrants, their home countries, and the world at large. The difference is that the benefits to immigrant-receiving countries are treated more saliently and given particular importance as a guiding principle in the design of keyhole solutions.

Approach #3: Challenge citizenism, or at any rate, challenge some aspects of citizenism

The blog posts on citizenism on our site have largely followed this approach: challenging citizenism in part or whole. This does not mean that we argue that citizenism is completely wrong. Rather, various bloggers on the site have argued that there should be limits on citizenism and that arbitrary denial of the right to migrate falls outside those limits. Bryan Caplan’s post on Himmler and Nathan Smith’s follow up post stressed this point: citizenists need to specify more clearly the moral side-constraints they are operating within, and explain why they think that arbitrary denial of the right to migrate does not violate those moral side-constraints.

Where I stand

In the first year and a half of Open Borders, Approach #3 got a lot of prominence, with Approaches #1 and #2 getting some prominence, but less so. Over time, I’ve gravitated in favor of Approach #1.

The problem with focusing on Approach #3 is that, after laying out the basic arguments, there’s not a lot to say. It’s also very combative, and tends to degenerate into a game of signaling moral superiority without making substantive progress. So with Approach #3, I’d say it’s good to make the point clearly a few times, but not to make that too much of a focus of argumentation.

The problem with focusing on Approach #2 is that it doesn’t distinctively make a case for open borders, and it plays too closely to the mainstream moderate pro-immigration arguments, as opposed to the radical brand we offer here. The moderate arguments are useful, but there are already a lot of people making them. The value of adding to them at the margin is unclear.

Approach #1, by ignoring citizenism as an explicit view to address, most closely reflects the natural universalistic thinking of many open borders advocates. In that sense, it’s more honest, even if it seems evasive. It’s honest in the same way as an atheist would be more honest not to provide biblical arguments for a position every time he argues for it — the absence of explicit coverage of citizenism correctly reflects the low importance of citizenistic reasoning in the minds of open borders advocates. Of course, it’s good to have thought through and written stuff along the lines of Approach #3 to handle pushback, and even to have stuff along the lines of Approach #2 to occasionally add to the arguments.

PS: The very fact that this blog post is the first after several months that explicitly mentions citizenism is some evidence that we’ve increasingly moved to Approach #1 on the blog.

Joseph Carens on the ethics of immigration: part 2

January 21, 2014 Vipul Naik 1 Comment

This is a continuation of an earlier post where I began discussing The Ethics of Immigration by Joseph Carens (Oxford University Press, 2013). The item numbering continues from the previous post.

#7: Reasonable accommodations by and for migrants

Chapter 4 of Carens’ book covers an aspect of migration that is related to, but at the same time largely orthogonal to, the question of open borders. Specifically, Carens considers what reasonable accommodations migrants and non-migrants should ideally make for each other for harmonious living. Much of this discussion is not specifically related to migration policy or even to politics — though people with an expansive view of the state’s role would infer many political prescriptions from it, those of a more libertarian or voluntaryist nature could simply consider these as soft guidelines for the actions of individuals and organizations.

Importantly, Carens argues the following (the summary presented below is my own — Carens does not list these points together the way I’m doing — and therefore the act of summarizing may reflect to a large extent my own judgment of what is most important):

He argues that the democratic ethos goes beyond majority rule, to reasonable accommodation of people’s differences where possible. Such reasonable accommodation is not simply limited to non-violation of people’s legally guaranteed basic rights, but also to not making people unduly uncomfortable or inconveniencing them without appropriate justification. To some extent, this involves migrants accommodating the beliefs and adjusting to the conventions of the majority, even when it conflicts with their personal religious or cultural beliefs. At the same time, non-migrants also have a responsibility to make reasonable accommodations towards migrants where this does not impose huge costs.
Generally, Carens says, it is reasonable to expect migrants to do most of the adjusting — after all, they are the ones who chose to move. For instance, they may be expected to acquire (and provide to their children) a working familiarity with the main language of the region, follow the rules of the road, and be respectful to the dress choices and habits of natives. Carens argues that in prcatice, migrants do do most of the adjusting. At the same time, there is a nonzero level of responsibility (in the loose sense) for non-migrants to accommodate migrant preferences. For instance, he argues, natives should not be critical of migrants for talking in the non-native language when conversing among themselves in public, though they may have a reasonable expectation that migrants will attempt to converse in the native language when interacting with natives.
Carens argues in favor of being flexible to make exceptions to general rules. He is critical of the idea that rules must be enforced rigidly on everybody, and also opposes the ideal of formal equality. He cites the example of holidays here. In a country influenced heavily by Christianity (even if people are not devoutly Christian), Sunday is likely the day off for most businesses. This works best for Christians who attend Sunday services. For Muslims or Jews, whose religious observances are on Friday and Saturday respectively, this could pose an inconvenience. Carens rejects the option of: (a) a formal “equality” where the holiday date is shifted to a completely unrelated day, such as Tuesday, to be “fair” between religions, or (b) making all three days holidays (insofar as that might not be economically feasible). However, he argues that businesses and institutions can show some flexibility to their employees who hold the alternative religious beliefs, for instance, by giving Muslims a few hours off on Friday. There are no hard-and-fast rules here — the type of accommodation would depend on the employer and employee, but the general principle should be one of looking for possible accommodations.

Here is a quote from Carens:

The challenge for this chapter is to say something about the sort of democratic ethos that is needed in a political community if citizens of immigrant origin are to be fully included . Here a caution is in order. In public discussions of immigration, it is a recurring theme that immigrants and their descendants should accept democratic values and practice democratic virtues. Suitably qualified, that is a reasonable expectation, as we shall see. But an equally reasonable and perhaps more important expectation is that other citizens also accept democratic values and practice democratic virtues . All too often, the assumption seems to be that the majority of citizens already possess the values and virtues that are needed for a democracy to function properly. But that is frequently not the case. Democratic principles require the inclusion of immigrants, and the inclusion of immigrants requires the majority of citizens to embrace the implications of the principles and values that they profess. This will often entail developing attitudes and dispositions that many citizens do not yet exhibit, at least in the requisite degree. I will say more about these requirements as the chapter proceeds. People sometimes speak of the need for democratic states to engage in a more “muscular” assertion of their values and to demand adherence to those values from people living in their societies. If that is indeed what is called for, a lot more of the muscle should be applied to the nonimmigrant majority of citizens than is commonly acknowledged.

Carens, Joseph (2013-09-19). The Ethics of Immigration (Oxford Political Theory) (p. 64). Oxford University Press, USA. Kindle Edition.

#8: Communitarian versus contractarian views of citizenship

Carens makes a theoretically deep point about communitarian and contractarian views of citizenship. In most political philosophizing (cf. social contract theory), the set of people (citizens) is fixed in advance, and their relationship and mutual obligations with the state are considered in that context. Carens believes that bringing migration into the picture helps us step back. We see that citizenship is not really the fundamental source of moral or social obligation, but a consequence — a formalization of a particular level of connection with the community. Carens says that social membership precedes citizenship — that citizenship (or the right thereto) is a consequence of being a part of the community, rather than a formal grant of citizenship creating a right to such a community. Carens also emphasizes the idea that social membership matters morally.

This is important because Carens uses it as a basis (implicitly — he pieces the theory together after examining all the individual cases) for arguing about why people are entitled to citizenship. People such as:

children born to citizens, permanent residents, or temporary workers, or even to irregular migrants (his word for illegal/undocumented) who are staying long enough,
anybody who’s stayed for a few years as a child,
anybody who’s stayed long enough as an adult.

He also argues that levels of social membership aren’t in the binary category of citizen versus non-citizen. Permanent residents who have enough roots to call the place their home deserve most of the same rights as citizens, including the right to return and the right against deportation, even if they haven’t lived long enough to become citizens. He also argues (alluded to in earlier points) that most laws should be the same for temporary workers and irregular migrants. Some exceptions he makes:

Temporary workers may be exempted (optionally or mandatorily) from work-related social programs, and for a limited period (maybe the first couple months) ineligible for welfare or unemployment insurance. He says that if temporary workers are required to participate in work-related social insurance programs (so as not to make them cheaper to employers than permanent employers) the non-redistributive component of the program (i.e., the part that they would in expectation get paid back were they to stay longer) should be returned to them on their departure. What he’s suggesting seems to be a lot like my co-blogger Nathan Smith’s DRITI — except he’s using existing social insurance taxes rather than adding a new set of taxes.
Some restrictions on employment opportunities for irregular migrants.
Non-permanent residents may be barred from government offices that involve sensitive matters of national security.

The communitarian approach followed by Carens is different in focus from Steve Sailer’s preferred foundation for citizenism. Sailer defines citizenism as the doctrine that government policy should be biased in favor of current citizens and their descendants. Now, to be clear, Sailer, like many citizenists, does consider community loyalty and ties to be an important component of citizenship — hence his proposal that prospective immigrants be required to spend 100 hours doing community service outside of their ethnic group in order to receive citizenship. But Sailer, and citizenist restrictionists at large, view community belonging as a necessary but not sufficient condition for a non-citizen to become a citizen. Carens thinks that being a part of the community for a sufficient length of time — without having done anything special (such as Sailer’s community service proposal) for it per se — entitles one to citizenship.

#9: Firewalling government services from immigration enforcement

Carens argues that for irregular migrants, all of their basic human rights (protection of life, liberty, etc.) should apply in theory and in practice. His suggestion for making sure they apply in practice: establish a firewall between all agencies tasked with protecting basic human rights or basic services, and the immigration enforcement. In other words, these agencies are required not to report any information about irregular migration status to immigration enforcement authorities, and any information that is reported via these agencies cannot be treated as evidence. He points out precedents:

There are restrictions on the information that the Internal Revenue Service can share with immigration enforcement agencies in the United States, though it’s unclear how strongly these restrictions apply in practice (see here).
Some “sanctuary cities” in the United States, such as San Francisco, have policies of the sort Carens advocates.
There are rules in criminal cases that evidence collected through illicit means cannot be used, and similar rules can apply in immigration cases.

Carens also says that the children of irregular migrants should have the right to a free public education, just as the children of temporary workers do (this is conditional to such a right existing for citizens, but Carens assumes that that follows from “democratic principles”).

Carens also says that after people have resided for some length of time, they become part of the society, and should be regularized. He suggests 5 years as the length of time after which people deserve to be regularized as permanent long-term residents. This applies both to temporary workers on a regular migration status and to irregular migrants.

So what can governments do to enforce the status quo? Carens says that border security would be acceptable in principle — provided it can be done in a way that doesn’t add to human tragedy (border-crossing deaths, etc.), but that often the human toll of border security makes it unacceptable. But his main proposal is the restrictionist favorite of attrition through enforcement: heavy penalties for employers who hire irregular migrants. He has an interesting twist though: if an employer has hired an irregular migrant, that particular migrant has a right to the wages for that worker and to legal recourse if the wages are denied (and the enforcement of this legal recourse channel has a firewall with immigration enforcement). Also, he says that employers should not be allowed to report their own workers’ irregular status.

Carens offers one argument in favor of blaming employers: they are part of the society, so they can be held to the standard of the laws of that society, whereas migrants aren’t part of the social contract. Nonetheless, I find his arguments unconvincing. Why single out employers as the one group to be punished, while doing the very opposite — firewalling — for all the other groups? Carens says that if immigrants aren’t able to find employment, they’re likely to leave (the attrition-through-enforcement idea) but this applies to housing, and plausibly to education for children, and other services Carens thinks should be firewalled. Carens arguably sees the right to work as somehow less fundamental than all the other rights, at least when he’s putting on his status quo hat, and this seems reminiscent of anti-market bias.

Stay tuned for Part 3, where I’ll look at the case Carens makes for family reunification and reforming the system for refugee asylum and resettlement.

Joseph Carens on the ethics of immigration: part 1

January 14, 2014 Vipul Naik 4 Comments

In academic philosophical circles, Joseph Carens is well known as a proponent of open borders. His 1987 article Aliens and Citizens: The Case for Open Borders was included in our pro-open borders reading list since around the time of the site launch, and co-blogger Nathan blogged about the paper back in April 2012. We’ve referenced Carens quite a bit in subsequent blog posts.

I recently learned that Carens has given the philosophical issues surrounding migration the book-length treatment they deserve in the book The Ethics of Immigration (Oxford University Press, 2013). This is the first book-length treatment I’m aware of that deals with migration from a philosophical perspective and is written by a single author (UPDATE: As Paul Crider points out in the comments, Philosophies of Exclusion by Phillip Cole is an earlier book on the subject that I’d forgotten about. I haven’t read it, though). I was quite excited to hear about it, and read it with great eagerness. I found much food for thought in the book. In this blog post series (which may have two, three, or more parts, depending on the amount of material I end up wanting to write up) I will go over the parts of Carens’ book I found most interesting.

#1: Broad strategy followed by Carens

The book is not largely a defense of open borders. In fact, while the author does defend open borders, this is only a couple of chapters near the end of the book, and these chapters operate on somewhat different starting assumptions from the rest of the book. Rather, Carens spends the first ten chapters arguing within the status quo framework, i.e., assuming that it is just that the world is carved into nation-states and that states can exercise significant discretionary control over migration, but he also assumes that these are constrained by what he (inaptly?) terms “democratic principles” — more on that in #3. In the last four chapters, he critiques the status quo itself, and argues for open borders. He also defends himself against the charge of Trojan Horse-ing his way through. Chapters 1-8 come to many mainstream pro-migrant but migration policy-neutral conclusions, while Chapters 9-10 argue for for the right to family reunification and some rights for refugeees. Echoing Nathan’s view that a strong case for freer migration and more migrant rights can be made from communitarian premises, the bulk of Chapters 1-8 argues for migrant rights on communitarian grounds. This isn’t surprising, because communitarian grounds may be the only defensible framework that can simultaneously justify nation-states in the broad sense while still being compatible with moral egalitarian conditions. Roughly, the worldview Carens embraces is that everybody is equal, but many aspects of people’s rights are membership-specific (in relation to their communities) rather than universal moral claims, thereby permitting differential treatment (in some respects) by a state of tourists, temporary migrants, permanent residents, and citizens.

#2: Alleged target audience

Carens claims that his book is targeted at the median resident of the democracies of Europe and North America. This is an improvement over most migration-related books, that are often singularly focused on one specific country. However, I found Carens’ claim disingenuous in two ways:

I don’t see a good reason why universal moral arguments should not be applicable to people outside Europe or North America, and Carens’ limited targeting may be viewed as a version of the soft bigotry of low expectations — i.e., that people in India or Malaysia or Australia or Japan or Saudi Arabia or Singapore or Hong Kong or the UAE need to be held to a lower moral bar with respect to migration policy. Carens occasionally cites policies in places like Singapore, Hong Kong, UAE, etc. as policies that no sensible country devoted to “democratic principles” (more on that catchword later) would follow. Contra Carens, I believe not only that the case for open borders is universal, but also that any case that can be made for or against various migrant rights is universal.
Carens gives too much credit to the median resident of Europe or North America. The median resident doesn’t buy tracts from a university press that spend 300+ pages pondering over philosophical questions. About 15% of Americans are judged college-ready, and my guess is that the college-readiness benchmark would be a rough minimum to get through Carens’ book (you’d also need to be very interested in the subject). There’d of course be exceptions, but the percentage would overall be less than, not more than, 15%. This per se isn’t worrisome — authors often claim that their works have wider reach than they actually have — but it’s related to other things problematic about Carens’ logic.

#3: The “democratic principles” catchphrase

Carens uses the catchphrase “democratic principles” to describe beliefs that the median resident of Europe or North America might hold, but which seems to me to be (largely) shorthand for the ethical intuitions that people Carens interacts regularly with hold. To be clear, I’m no expert on the median person either, but a lot of the claims that Carens makes about how ordinary people think seem a bit off to me, judging by polling data I’ve seen. I feel like he’s slippery in roughly the same way Michael Huemer is when making claims about reasonable starting points for intuitions that most people hold.

For instance, Joseph Carens argues that it is obvious to any observer today (or at any rate, any observer who is faithful to “democratic principles”) that the Chinese Exclusion Act (CEA) was wrong, because it is obviously wrong to discriminate on the basis of nationality. While I agree that the CEA was wrong (see this lengthy blog post by co-blogger Chris Hendrix), it’s unclear to me that it’s significantly more “obvious” than open borders at large. If you embrace the principle that it’s wrong to discriminate on the basis of nationality to the point that the CEA is obviously wrong, haven’t you more or less embraced open borders (insofar as closed borders discriminate on the basis of nationality in a fairly fundamental way)? Further, to the extent that the CEA is condemnable on the grounds that it discriminated between different foreign nationalities, couldn’t the same be said of free movement within the EU (in that it discriminates between “other EU countries” and “non-EU countries” in its admissions policy)? Empirically, too, it’s unclear that people today have a strong view against the Chinese Exclusion Act. My impression is that the majority of Americans, if polled today, would be largely indifferent and consider it morally acceptable (even if unwise), rather than recoil in horror at the idea that such an act was passed a while back.

The remaining points are all arguments Carens makes presupposing the status quo framework, not necessarily ones he supports in reality, though every argument he makes moves in the “pro-migrant” and/or “open borders” direction once he takes off the hat of presupposing the status quo.

#4: Carens’ argument in favor of local legal equality

In a bow of sorts to territorialism and local inequality aversion, Carens argues that the same legal rules should apply to everybody within the physical territory, as opposed to a multi-tiered legal system. Carens does not propose an actual set of optimal policies, arguing that doing so would be outside the scope of the book. Rather, he uses a meta level argument. He argues that when a government (at a national or provincial level) chooses policies based on a balancing of considerations (e.g., choosing a minimum wage or labor regulation) the optimal policy that applies should be the same for natives as well as non-natives. Therefore, it makes no sense to have different labor regulations or policies for citizens and non-citizen permanent residents and temporary workers (a different policy for tourists is acceptable, because they’re not supposed to work). For instance, if minimum wage requirements are wrong, then they should not be applied to citizens either.

I see two objections to this, the first of which Carens anticipates to some extent, but the second he does not:

It can be argued that different subdivisions of the population based on citizenship/residency are statistically different, so the best balancing of interests would suggest different optima for them. This can be analogized to how the optimal labor regulation changes with time — changes with time change the nature of the labor work being done, or the skill level, and therefore change optimal labor regulation. Similarly, different segments of the labor force have different labor needs and different optimal laws.
Carens addresses this (largely in implicit fashion). He argues that segmenting the force this way is not appropriate, any more than having different labor laws by race is appropriate. If different laws are needed, they should be based on the relevant criterion — occupation or skill level — rather than migration status. To the extent that natives and migrants have different optima, the best overall optimum should be considered.

This, however, raises an interesting point that Carens does not acknowledge. To the extent that migration policy changes the composition of the labor force, it changes optimal labor policies for the whole labor force. If you’re having a single general minimum wage, and the value of the minimum wage depends on the skill level of the population as a whole, then if large number of people at low skill levels migrate, this could move the optimal minimum wage downward (for instance), for the population as a whole, including natives. Carens’ tone seems to suggest that the optimal policy can be determined just by looking at natives, and once non-natives are added to the mix, they just get subjected to the same policy. But if you’re insisting on one policy for everybody, it needs to take everybody into account. I don’t know if Carens would disagree, but he doesn’t really acknowledge the implications of this (so far) — the idea that changes may need to be made to regulation that move the First World in a potentially “Third World” direction to accommodate the changing composition of the labor force. This seems like the only reasonable alternative to having a two-tiered regulatory system. (As an interesting aside, opponents of expanded migration under the status quo, such as the otherwise pro-migrant Ron Unz, often support increased minimum wages as a way to deter migration).
Even if you believe that the optimal policy is independent of the population, the fact that the optimal policy for citizens is the same as the optimal policy for non-citizens doesn’t imply that the current policy for citizens (or for non-citizens for that matter) is close to that optimum. Therefore, moving the current policy for non-citizens in the direction of the current policy for citizens doesn’t make sense unless you already believe that that direction is the same as the direction of optimum. To take an example, suppose you believe that labor regulation X is bad (for everybody), but X applies to citizens currently. You have the opportunity to decide whether to support “not X” for non-citizens. Should you do that? (This also relates to the next point).

#5: Symbolic significance of reasonable measures undertaken in response to anti-immigration sentiment

Carens notes that there may be measures that are not wrong in substance but that have the symbolic significance of being anti-immigrant. He (tentatively) cites the UK’s tightening of birthright citizenship laws (to prevent tourists’ kids from getting such citizenship) as one example of such a measure. He doesn’t see the end result as morally wrong — he doesn’t think tourists’ kids prima facie deserve citizenship, but he believes that the move was in response to anti-immigrant sentiment.

To take another example (not provided by Carens), suppose you’re one of those who believes that “welfare creates a dependency trap that hurts its recipients more than it helps.” Would you vote for a ballot measure that sought to deny such welfare to some subclass of non-citizens? In your view, this denial would be in the non-citizens’ interest, but most likely the symbolic significance of it, and the perceived message, would be that the non-citizens are unwelcome.

#6: Against occupation-specific work visas

Carens offers an interesting argument against having occupation-specific work visas (i.e., work visas where the workers are restricted to a particular occupation). I don’t remember seeing the argument in that precise form before, though on this site we’ve obviously argued for a much more expansive vision of free movement than tying workers to a specific employer or occupation (see here for instance). I’ll take the liberty of paraphrasing Carens’ argument in a manner that will make both the argument and my subsequent critique of it clearer.

Consider these three types of prices of farm work:

The price that farm work commands in the native labor market, without migration.
The price that farm work would command if foreigners were free to migrate for work without being tied to an occupation.
The price that farm work would command if foreigners could be hired to come on a visa restricted to farm work only.

Carens’ point is that (2) would be greater than (3), i.e., if workers had the option of competing on the entire labor market, they could probably command higher wages for farm work. Though Carens doesn’t explicitly say it, his language suggests that he thinks that (1) ~ (2), so that having occupation-restricted work visas distorts prices quite a bit, more than closed borders do. I think the point is theoretically interesting, and regardless of the empirics, is yet another reason to argue against occupation-restricted work visas (though they may still beat out closed borders). Going into the empirics would be too much of a distraction in the context of this post, but it would involve looking at the general issue of the impact that migration has on native wages. To a first approximation, wages are likely to fall in the sectors that experience heavier migration and rise in the other sectors. To the extent that workers are free to move between occupations, both as a matter of law and as a matter of skill level, this would ameliorate the sector-specific wage effects, so Carens’ point does seem to have prima facie merit. However, I still wouldn’t hinge the case for open borders on the general claim that (1) ~ (2), because it is quite possible that even with workers being legally free to move between occupations, wages for some sectors, such as farm work, do fall significantly.

This isn’t the end of my commentary on the book. I’ll be publishing part 2 of the commentary sometime in the next month.

Open Borders: The Case