Tag Archives: immigration enforcement

Jim Manzi’s thoughts on immigration are surprisingly ill-considered

Jim Manzi, the founder of Applied Predictive Technologies, last year published the book Uncontrolled, an excellent exposition of the view that business and government should rely on more randomised field trials to assess the value of different choices. Overall I found little to disagree with in the book, except when it came to immigration. Manzi leans right in his politics, but in general refrains from regurgitating standard right-wing political bromides; unfortunately, immigration seems to be an exception to this rule.

Manzi only touches on immigration in the book when discussing actual recommendations; besides a selective immigration policy, his other recommendations include expanding school vouchers and promoting government spending in R&D. Manzi views existing US immigration policy as rather destructive, and I agree. He and I both see eye to eye on the point that US policy arbitrarily and absurdly treats high-skilled immigrants. But Manzi paints with an unnecessarily broad brush when it comes to low-skilled and unauthorised immigration.

Manzi suggests that with immigration policy permitting low-skilled immigration:

It is hard to imagine a more damaging way to expose the fault lines of America’s political economy: We have chosen a strategy that provides low-wage gardeners and nannies for the elite, low-cost home improvement and fresh produce for the middle class, and fierce wage competition for the working class.

The “fierce wage competition” bit itself is controversial. It is commonly taken for granted that of course immigration lowers wages, but empirical data supporting this claim is thin on the ground. Manzi wisely limits this critique to the working class (as there is essentially zero convincing evidence that immigration suppresses wages for middle- to upper-income workers), but even there, only a handful of studies have ever shown wage impacts larger than something on the order of reductions around 1 or 2% for low-income earners. The consensus estimate remains that immigration at worst impacts the most vulnerable earners at a negligible level. This is not great, but it hardly suggests “fierce” competition.

Manzi’s other points make even less sense, for one could argue that the only thing preventing the middle class from enjoying low-wage gardeners and nannies, or the working class from enjoying low-cost home improvement, is in fact restrictive immigration policies. The typical citizen of the UAE, after all, enjoys the benefits of cheap immigrant labour, regardless of income level! A tangible example that most people might find more relatable: in Malaysia, it’s typical for middle-class white collar workers to hire live-in maids, and even lower-income workers might be able to afford maids coming in every so often to clean. Manual labour for any task you desire, from moving to home renovation, is both abundant and cheap. In both cases, a very significant portion of the work force is foreign.

You might resist this, arguing that it’s not a slam dunk that this is what would happen if the US or any rich country opened its borders. I agree, it’s not a slam dunk at all. But neither is it implausible. And on the other hand, it’s certainly impossible to take for granted Manzi’s assertion that liberal immigration policy widens the income and socioeconomic gaps between rich and poor.

Manzi agrees that his preferred high-skilled immigration policy is not an obvious slam dunk — he also obliquely points out that it’s difficult to know what criteria on which to select high-skilled immigrants, although he takes pains to cite Australia and Canada as examples to learn from. Manzi proposes that the US “test and learn” via visa allocation. Come up with different rules to target high-skilled immigrants, and approve a small number of visas following these different rules. Follow the population of admitted immigrants over time to see how they perform on a number of indicators, and refine the visa regime accordingly.

I fully agree with the broad thrust of Manzi’s sentiments; test and learn is a fantastic motto. But given the empirical evidence that suggests low-skilled immigration is often highly beneficial in its own way, why limit the test purely to high-skilled options? Surely one can test alternative rules besides those aimed at picking up high-skilled immigrants? Experiment with different visas beyond just granting guest worker permits or green cards? Experiment with different ways of allocating visas altogether? Manzi remarkably omits one of the best test and learn examples of immigration policy I know of in the world today — the Canadian policy of allowing provinces to sponsor a certain number of visas for just about anyone they like.

Finally, Manzi in a throwaway remark suggests that the US can only get its immigration house in order “[o]nce we have reestablished control of our southern border.” I think this makes a remarkable assumption about history: that the US ever had totalitarian control of its borders in the first place. I’m not aware of empirical evidence suggesting that this is the case, and would be glad if anyone could show me that for a reasonable period of time in history, the US government actually tightly monitored and controlled a very large proportion (say >90%) of border crossings. The restrictionist-hallowed 1950s Operation Wetback was necessary in the first place because so many Mexicans were able to cross the border undetected.

A restrictive border control system that can detect and punish most to all unauthorised border crossings is the right-wing ideal, but for any other than the smallest or more geographically-isolated countries, I’m not convinced such a system has historically existed (at least outside totalitarian dictatorships) or can exist. Even North Korea faces difficulties with people smuggling South Korean soap opera DVDs and cellphones across its borders. A determined government can surely stop >90% of unauthorised border crossings, but only at substantial fiscal and political cost. For Manzi to blithely assume this can be so easily accomplished, and then move on to proposing his test-and-learn skills-based immigration policies, strikes me as strange.

None of this is to say Uncontrolled is not worth reading or ill-thought out. The immigration section of the book struck me for how out-of-place it seemed compared to other sections of the book. When I was in university I focused my studies in economics on education and immigration; Manzi has a lot to say on education, and I found little to quarrel with in his characterisation of the academic policy debates around education. Manzi has comparatively little to say on immigration, and unfortunately, it looks like he was not as thorough in his coverage of the issue. And if Jim Manzi, a smart and well-read businessman and public intellectual can make such egregious oversights and oversimplifications in discussing immigration, just about anybody can. The quality of public thinking and discourse about immigration is unfortunately disproportionately poor, compared to the potential it has to offer all of us.

Illegal immigrants and runaway slaves

From my friend Seth Vitrano-Wilson, a Christian missionary:

Throughout the history of the United States, there have been people who didn’t have the freedom to go where they wanted to go. They couldn’t work for themselves in the US and earn their own money legally. If the government found them entering an area illegally, they would deport them back to where they came from. A lot of people believed none of them should be allowed to live freely and legally in the US at all, but even those who accepted they could be in the US free and legally made a distinction between those who earned their free presence in the US by following the rules, and those that broke the law by moving locations via a secret network of human traffickers.

Two hundred years ago, these people were called slaves.

Today, we call these people immigrants.

Nearly everyone today would agree that slavery is wrong, that sending a runaway slave back to their master is wrong, and that helping a runaway slave is right. We wouldn’t care if someone gained their freedom to move and work by “legal” or “illegal” means, because the whole premise that you could justly restrict people’s movement and employment via slavery is an affront to justice. We find it reprehensible that people would keep others as slaves simply for their own economic gain, or because of some supposed inherent superiority by birth, or because we fear how “they” will change the character of “our” country.

So why do we think differently about immigration restrictions today? Why is it wrong to restrict people’s freedom to live and work where and how they want if we call it “slavery,” but somehow right if we do the same thing and call it “immigration policy”? Two hundred years ago, runaway slaves were treated as criminals and deported back to their masters—a terrible stain on our nation’s history. Today, we do the same thing to illegal immigrants—breaking up families, ruining lives, impoverishing the impoverished.

If we look to the example of the abolitionists, the underground railroad, and the brave runaway slaves who risked their lives for freedom, we see just how hypocritical and unjust so much of our rhetoric about immigration is today. “Illegal” immigrants are brave defenders of the principles of freedom and justice. “Legal” immigrants are those blessed with masters kind enough to give them a sanctioned path to freedom. Would we ever dare tell a slave hoping for freedom to “get to the back of the line”? What line?? How many slaves could realistically expect to gain their freedom by legal means? And how many poor immigrants-to-be can realistically expect a legal visa under the current draconian restrictions?

Rather than debating about whether we should spend $20 billion versus $100 billion on the border patrol, or whether we need to catch 90% of the runaway slaves (I mean, “illegal immigrants”) crossing the border, we should be opening up the floodgates of freedom. Let people live and work where they will.

Editor’s note: See this much longer post on the lessons for open borders from the abolition of slavery.

Oh, the absurdity of thinking that open borders demands open citizenship

One of the most common misconceptions I encounter in discussing open borders is the casual conflation of open borders with open citizenship. For something I consider an incredibly elementary distinction, this apparently eludes plenty of intelligent people. For example, here is EconLog blogger Art Carden casually saying:

An answer to Bryan’s question about how the government should spend a billion dollars. I’m going to take “give it back to the taxpayers” and “print a few hundred million US passports for prospective immigrants” off the table.

Bryan Caplan is one of the most famous and vocal open borders advocates around; he is Carden’s co-blogger. And yet it apparently seems to have escaped Carden that Caplan has never suggested printing US passports for foreigners. Caplan and the rest of the open borders movement want people to be free to move across borders. And you don’t need a US passport to cross the US border! You just need a valid US visa.

People worried that immigrants are going to abuse their welfare system or cast uninformed votes if we open the borders completely ignore that there are millions of foreigners today who legally cross borders whose access to welfare and the vote are curtailed, if not eliminated, by their visa restrictions. This is true in the US, and it is true in virtually any other country you care to name.

This is why I find the pervasive belief that it’ll be impossible to keep citizenship out of the hands of foreigners so puzzling. Surely people realise that in the US, as in most countries, you don’t need to be a citizen to work or settle now. Why would this change under open borders?

The distinction between open borders and open citizenship is critical. If you assume the first implies the second, you still need to clarify why exactly you believe allowing people to move to your country means you would be forced to give them citizenship. When I raise this distinction, I encounter two types of responses:

  1. A total avoidance of the distinction (i.e. the person persists in assuming you need to be a citizen of a country to live there)
  2. A confident certainty that either:
    1. Immigrants would rise up politically to demand and then acquire citizenship
    2. It would be simply immoral to admit a lot of immigrants and not give them citizenship

For scenario #1, I confess I am lost. It’s possible the fault lies with me in failing to communicate the distinction between passports and visas, between citizen and legal immigrant. But how can we best communicate this distinction? Any ideas?

For the scenarios in #2, let’s use US data, because it’s most conveniently at hand (thank you, my Dartmouth classmate Harry Enten!). In general, only 60% of US legal permanent residents naturalise. For those who were given legal immigrant status by the last major US amnesty, in 1986, only 40% naturalised. In short, almost 1 in 2 legal US immigrants don’t really want citizenship.

And right now, it’s fairly straightforward to acquire US citizenship once you’ve met the simple residency requirement of 5 years; the hardest parts tend to be learning English (if you don’t speak it), learning the material on the citizenship test (a bore, but certainly a doable challenge for most), and putting together the necessary paperwork to show you’re not a criminal, etc. It seems highly questionable to me to claim that these people would have rioted if they’d been admitted legally but under a different, stricter residency requirement.

And on that point, I don’t see any moral reason why the requirement for naturalisation has to be 5 years; it could easily be 15, or even longer. The harm to immigrants from this is minimal. Other than the vote and welfare, most people in the US, lawfully present or not, have identical rights and responsibilities. In fact, the only meaningful harm I can think of is that non-citizens can be deported and citizens can’t be. But the whole point of open borders is that, barring evidence that you are a danger of some kind, you should be able to go where you like. Once we protect non-citizens from arbitrary deportation, the moral harm of raising the bar for citizenship seems almost non-existent. It certainly pales in comparison to the moral harm of keeping people out of your country at gunpoint because you’re afraid letting them in might morally obligate you to throw a blank passport at them.

The question of whether such a moral obligation exists is something worthy of a whole book. But I don’t see a reason why crossing over an arbitrary line should suddenly make people on the other side of that line obligated to give you the vote. Citizenship is fundamentally related to who you are, not where you live, although the two are clearly related. I think most people intuitively understand this, since I don’t see anyone seriously demanding that every person on a student visa or a work permit in a foreign country be permitted to vote there. And I think it shouldn’t be hard to intuitively see that something is wrong with us if we insist on forcefully keeping people jobless and starving because we’re afraid the only alternative is giving them the vote. You don’t need to be a voter to hold down a paying job or rent your own home. So why impose that absurd and arbitrary requirement on someone else?

I am for open borders. I am not for open citizenship. There is a difference, and let’s be clear about that. One is about the fundamental human right to live and work without needing to beg any government for permission to stay in your own home or work for your employer. The other is about the less fundamental political right to cast a vote. The two are not the same, and blurring the difference between them does not serve us well.

US visa policy: a cross between Kafka, Orwell, racism, and aristocracy

It’s always fascinating to see an immigration lawyer’s take on how the immigration process works. In 2009, lawyer Angelo Paparelli responded skeptically to then-US Secretary of State Hillary Clinton when she said she would push for a streamlined visa process. Then, he noted the most important thing she could do here would be to pursue the amendment or repeal of an obscure section of the US Immigration and Naturalization Act, noting that this law, § 214(b), is responsible for 99% of all non-immigrant visa refusals:

The 99% rate of § 214(b) refusals is important because:

  • Consular officers are not given sufficient resources to spend more than just a minute or two to consider whether a visa applicant truly deserves to receive a visa.
  • INA § 291 requires a visa refusal if the applicant “fails to establish to the satisfaction of the consular officer that he is eligible to receive a visa.”
  • Under the doctrine of “consular nonreviewability” (which more accurately should be dubbed consular absolutism) as interpreted by the federal courts and the State Department, decisions by consular officers on questions of fact (on which most visa refusals turn) are not reviewable by President Obama, Secretary Clinton or the Supreme Court.

In other words, imagine that you had one or two minutes to establish that you deserve a U.S. nonimmigrant visa. Your burden can only be met if it is “to the satisfaction of the consular officer.” No one but that officer has the power to decide.

Imagine if you had to prove to a government officer in 1 or 2 minutes why you should be allowed to attend university: you have to prove you won’t fail out, you’ll work hard, you won’t drop out (for any reason), and you’ll go far away after you graduate. Or imagine if you wanted to visit a popular tourist destination or travel for work, but had to prove to a government official in 1 or 2 minutes that you would go home afterwards (and wouldn’t abuse your travel approval to, say, move nearby or find a job there). Prove all this, in 1 or 2 minutes. To someone whose decision is final, and can never be overturned.

This particular provision is so noxious that it is cited multiple times in this UC Irvine report on international students in the US. Its repeal or replacement was an explicit recommendation of the report. The American Bar Association has (since 1990, according to Paparelli) recommended that the US government “establish increased due process in consular visa adjudications and a system for administrative review of certain visa denials, including specified principles.”

Yet a 2005 State Department report reviewing section 214(b) suggested the only way to improve it would be to expand it to include all classes of visas other than green cards. The State report explicitly considered the possibility of limiting consular officers’ totalitarian discretion, but rejected this out-of-hand on the basis that any publicly-published standards or requirements for visa approval ran the risk of increasing application fraud. The report stressed instead the importance of officers’ discretion and flexibility in feeling out visa applicants’ intent; no need for any explicit policy here. In other words, the US government doesn’t want you to know how you can get in!

The consequence of consular officers’ power to make or destroy lives in the span of a few minutes? Lord Acton: absolute power corrupts absolutely. Angelo Paparelli later followed up with some of the most ready-at-hand and egregious examples of consular abuse. He brought up two New York Times stories:

  1. Septuagenerian German theatre director Peter Stein being denied a visa because he refused to laugh at a consular officer’s joke and instead complained he had to stand for 2 hours waiting for his consular interview
  2. Former US consular officer Robert Olsen suing State for wrongful termination after he refused to implement a visa policy he considered racist and discriminatory against the poor

The second case is especially striking because Olsen presented documentation for his claims; the full judgment is especially worth reading, and I plan to write about it separately. Just note for now that some documented reasons for denial of US visas which Olsen complained about include gems like “Slimy looking[;] wears jacket on shoulders w/ earring” and “Bad Appearance. Talks POOR.” Paparelli concluded:

Regrettably for most refused visa applicants who lack the notoriety and influence of a Peter Stein, arbitrary consular decisions to deny a visa are virtually impossible to overturn… The Immigration and Nationality Act (INA), as interpreted by the courts, has enshrined in law “doctrines” of “consular nonreviewability” and “consular secrecy” (INA § 222(f) [8 U.S.C. § 1202(f)]) that in virtually all instances deprive the public, the courts and stakeholders (foreign visa applicants and their American sponsors) of a means to hold consular officers accountable. The interests of fair process, impartial consideration, respectful treatment, government transparency, the cultivation of a favorable opinion of the U.S. among citizens of other countries, and the application of solely lawful grounds to grant or deny a visa — all of these are thrown under the bus.

People in the US complain about feeling degraded when they have to choose between an X-ray and a pat down by Transportation Security Administration officials. How about placing your life in the hands of a government official who has the power to cut you off from your education (and, if the State Department had its way with H visas, your job) for something like “Bad Appearance. Talks POOR”? And no government official, not even the President himself, can do anything about it. US citizens may be tempted to complain that their treatment at the hands of the TSA makes them feel like they live in a police state. But it really is the over 1 million people who are refused US visas every year that truly know the feeling of a US government boot stamping on the human face forever. US visa policy:

  1. By design has no clear rules or guidelines
  2. Gives consular officers totalitarian power which not even the President can cross, thus empowering them to oppress people who:
    1. Come from the wrong racial or national background
    2. Look poor

Disdain for basic fairness and human dignity: that’s just plain US visa policy. Have a nice day folks.

The photograph featured at the top of this post is the identification photo of Wong Kim Ark, a descendant of Chinese immigrants to the US who successfully sued the US government for US citizenship in 1898.

Humiliating and dehumanising: border controls

I’ve often found it a bit odd how civil libertarians get so upset about the introduction of strict travel regulations post-9/11. The TSA is a favourite whipping boy of civil libertarians, across the political spectrum. Whether you lean Democratic, Republican, Green, or Libertarian, you have little love lost on the TSA. A number of potential explanations come to mind:

  1. Most post-9/11 intrusions on civil liberty are abstract, but everyone who flies gets exposed to this
  2. People get upset that an act as mundane as human movement is presumed to be a danger until proven otherwise
  3. The opacity and arbitrariness of transport regulations terrify and upset people

The true answer is likely to be some combination of these (plus other factors I’ve probably not even thought of). When reading security blogger Bruce Schneier’s summary of the harms of post-9/11 security, factor #3 especially stood out to me. This paragraph in particular stuck a chord:

…if you’re on a certain secret list, you cannot fly, and you enter a Kafkaesque world where you cannot face your accuser, protest your innocence, clear your name, or even get confirmation from the government that someone, somewhere, has judged you guilty. These police powers would be illegal anywhere but in an airport, and we are all harmed—individually and collectively—by their existence.

Schneier is wrong on that last point — these police powers apply to almost any non-citizen at almost any border control in the world. And we sit down and take for granted that this is right. Even if you have a visa, you are never guaranteed entry. In many countries, the US included, your entry is entirely at the discretion of the enforcement officer at the checkpoint, who can decide that, for whatever reason, you shouldn’t be allowed in.

It’s difficult I find to really explain what this feels like to someone who has never experienced it personally. My aunt, who has been a US citizen for two decades, still recounts vividly how happy she was to gain citizenship because she would no longer live in fear of her green card being taken away, or of being denied entry every time she re-entered the US after visiting family and friends abroad. At my company, stories abound of people who flew home to visit relatives and wound up being stuck there for months after they were denied re-entry to the US for various bureaucratic reasons. And figuring out this Kafkaesque maze of bureaucracy is more opaque than you might think: the official position of the US government is that the only way one can see one’s own immigration records on file with the government is to file a Freedom of Information Act request — even if one needs these files to fight a deportation proceeding.

Governments take liberties with foreigners’ rights in ways that they would never dream of doing to their own citizens. The concept of due process is at best tenuously applied to dealing with foreigners. One UK Minister recounts seeing whole carts of files being wheeled past him so that officials could truthfully tell Parliament he had “reviewed the files” of those requesting asylum. The way the governments of the world treat people who simply want to cross an arbitrary line drawn on the map is morally wrong.

None of this is to say we ought to abolish borders: open borders and no borders are not the same thing (that’s a debate we can have another time). Those opposed to the “security theatre” that has sprung up since 9/11 don’t demand that law enforcement vanish from the world’s airports. Essentially all of them support the maintenance of airport security checkpoints. Likewise, open borders is not about abolition of border controls: it is about properly according every person the dignity and respect which every human being deserves.

Humane immigration policies would provide prospective visitors and immigrants a clear process for obtaining visas, and grant visas as of right except in unusual cases (such as those with evidence of criminal history or the contagiously ill). All those with visas would be guaranteed entry, again, except in extraordinary cases. Those facing immigration proceedings would be assured access to their files, and would be assured that their case gets the attentive review demanded by due process. These things might sound elementary, but they are near-wholly missing from the immigration process today.

If civil libertarians protest restrictions on domestic transportation, one wonders why so many are silent about the evils of deportation or the arbitrariness of visa policy. The same problems that compel these activists to decry opaque and arbitrary government coercion apply even more in spades to foreigners crossing the border. Here, I think the first reason I suggested for civil libertarians’ concern is the predominant one: the problems of immigrants and other foreigners are simply too abstract for most civil libertarians to bother. That’s literally a crying shame — if libertarians think it’s an unimaginable humiliation to deal with the TSA for a few hours every so often in order to travel, they ought imagine having to deal with an even worse bureaucracy every so often in order to hold down your job and live in your home.

The photograph featured at the top of this post is of a Customs and Border Patrol agent conducting a patdown of a Mexican girl being detained. Courtesy of the US government.