Tag Archives: Joseph Carens

It Can’t All Be About (the) U.S.

In February, National Public Radio aired a segment, part of its Planet Money series, in which it asked three immigration experts what sort of immigration system they would have if they “controlled the borders.” To NPR’s credit, one of the experts was the Cato Institute’s Alex Nowrasteh (a contributor to the Open Borders site). He proposed letting all immigrants in, except for suspected terrorists, criminals, and those with serious communicable diseases. He noted that this policy would benefit the economy and would mean that people wouldn’t have to put themselves at risk crossing the border.

Not surprisingly, the other two experts chosen by NPR did not propose open borders. One expert was the economist Giovanni Peri, a professor of economics at the University of California, Davis, who has researched the economic impact of immigration on the U.S. and found it to be mostly positive. His ideal immigration system would be one in which employers would bid for permits allowing them to employ individual foreign workers, including low-skilled workers. The other expert was Dean Baker, co-director of the Center for Economic and Policy Research (we’ve critiqued Baker before). He would admit immigrants with families in the U.S. and would provide visas to highly skilled individuals who, in the words of NPR’s host, “would benefit our economy the most.” Mr. Baker said he “would like to make sure that you had a lot of immigrants at the high end” but is “less concerned about farm workers.”

The proposals from Mr. Peri and Mr. Baker seem designed to maximally benefit the U.S. and apparently make the interests of immigrants who are excluded from their systems irrelevant. Formulating such an immigration policy probably makes sense to many Americans. After all, some may think, the government should look out first and foremost for the interests of its citizens. Joseph Carens of the University of Toronto articulates this view: “The power to admit or exclude aliens is inherent in sovereignty and essential for any political community. Every state has the legal and moral right to exercise that power in pursuit of its own national interest…”

Mr. Carens suggests, however, that this nationalist position doesn’t justify immigration restrictions. He explains that “When the stakes are high (e.g., legal proceedings) we normally create institutional rules to try to prevent people from being able to favor their friends and relatives. In other words, our notion of justice constrain the extent and ways in which we think it is acceptable for us to favor family members… even if we are morally entitled to favor compatriots in some ways, it is not self evident that we are entitled to favor them by excluding potential immigrants. Perhaps that form of preferential treatment goes too far.” Restricting immigration in effect would be nepotism writ large, an attempt to favor those identified as being more closely connected to us by giving them access to the U.S. labor market and denying access to those deemed less connected.

Bryan Caplan of George Mason University (who has also guest blogged for Open Borders) echoes Mr. Carens in his critique of the analogy between the nation and a family: “…almost everyone recognizes moral strictures against familial favoritism.  Almost everyone knows that ‘It would help my son’ is not a good reason to commit murder, break someone’s arm, or steal.  Indeed, almost everyone knows that ‘It would help my son’ is not a good reason for even petty offenses – like judging a Tae Kwon Do tournament unfairly because your son’s a contestant.” Despite this, Mr. Caplan points out that at the national level citizens tend to lose this sense of morality and use nationalism “as an acceptable excuse for horrific crimes against outgroups.” Nationalism leads to immoral treatment, such as interfering with the right to immigrate.  The logic of Mr. Carens and Mr. Caplan discredits nationalist arguments around the world supporting immigration restrictions, not just those in the American context.

Given Planet Money’s focus on economics, the underlying question posed to the three experts about their preferred immigration regime may really have been: “From a purely economic standpoint, which immigration policy do you believe would most benefit current American citizens?” (Even within these parameters, the proposals of Mr. Peri and Mr. Baker are questionable; open borders, as Mr. Nowrasteh suggests, may have the most beneficial economic impact on the U.S.) Actual policymaking, however, should not exclude moral concerns. NPR should air another segment asking guests, “What would be a moral immigration policy?” That would help Americans think more profoundly about immigration policy.

Open Borders, Luck Egalitarianism, and the Common Ownership of the Earth

This is a guest post by Filip Spagnoli. Spagnoli maintains a blog-cum-website on human rights here. His writings on open borders on his website are here.

The post by Spagnoli builds on the Rawlsian veil of ignorance argument for open borders by making the case for open borders in terms of luck egalitarianism, a version of egalitarianism inspired by Rawls. It also makes some of the arguments on the drowning child page of this website, but from a different perspective.

Luck egalitarianism is a school of thought in moral philosophy that argues in favor of interventions in people’s lives aimed at eliminating as far as possible the impact of luck. If you have the bad luck of being born into a poor family, your prospects in life should not be harmed by this and society should intervene in order to correct for it.

I’m not going to endorse luck egalitarianism because it’s a theory that suffers from some serious defects. However, the basic intuition seems sound to me and can be used to argue against immigration restrictions. Your country of birth is also a matter of luck, good luck or bad luck, depending on the country. It’s either good luck or bad luck because the place where you are born has a profound impact on your life prospects. The mere fact of having been born in Bolivia rather than the U.S. makes it statistically more likely that you will be poor, uneducated and unhealthy. Since no one chooses to be born somewhere, no one can be said to deserve the advantages or disadvantages that come with being born somewhere.

Hence, if Americans for example are just lucky to have been born in the U.S. and didn’t do anything to deserve being born there, what right do they have closing their borders and allowing access only to a chosen few selected according to criteria that they have unilaterally decided and that mainly serve their own interests? None whatsoever. In claiming that right they make it impossible for others to do something about the misfortune of having been born in a poor country. Hence, they double other people’s disadvantage.

As Joseph Carens has put it, immigration restrictions are the modern equivalent of feudal privilege, inherited status, birthrights and class rule. In our current, so-called modern and Enlightened societies, the good luck of being born in a wealthy country supposedly gives you the right to exclude others, just as in the olden days the fact of having been born in the class of nobles or aristocrats gave you the right to condemn others to the class of paupers. The lottery of birth yields unfair advantages in both cases.

One may claim that none of this necessarily argues in favor of open borders. The fortunate of this earth could compensate for their good luck by other means. For example, they could have a duty, not to open their borders, but to transfer money and resources to those who have had the bad luck of being born in the wrong country.

Contra Bryan Caplan, I think that assistance is a moral duty, but I fail to see how the fulfillment of this duty could grant you the right to close your borders. Those who argue that assistance is enough often use a domestic analogy. Consider Hugh Hefner, for example. The point is not that he probably wouldn’t have had the wealth he has now if he hadn’t been born in a country (or granted access to a country) where the average citizen is wealthy enough to spend large amounts of money on soft porn. The point is that there are millions of other people in the U.S. who, through no fault of their own, are burdened with bad luck, a lack of talent or a lack of education opportunities making it difficult or impossible for them to collect a Hefnerian amount of wealth, or even just a fraction of it. These people don’t deserve their lack of talent etc., just as poor Zimbabweans don’t deserve to have been born in Zimbabwe. Should Hefner therefore open the doors of Playboy Mansion? Or is it enough that he pays taxes to fund the welfare state? Most would choose the latter option.

What’s the difference between this domestic situation and the international one? If Hefner doesn’t have to welcome thousands of unfortunate U.S. citizens to his Playboy Mansion, why should the whole of the U.S. citizenry have to welcome millions of immigrants onto their territory? Well, because it’s not their territory, at least not in the way Playboy Mansion is Hefner’s property. People don’t have property rights to a part of the surface of the earth like they may have property rights to things. I have a long argument here in favor of the common ownership of the earth, and I invite you to click the link and read it. It’s too long to repeat it here, but suffice it to say that it leads to a strong presumption in favor of open borders without destroying the possibility of having borders and states in the first place.

All Ethical Roads Lead to Open Borders

That’s a one-line summary of Joseph Carens’ article “Aliens and Citizens: The Case for Open Borders,” first published in 1987. More exactly, Carens shows how three broad ethical theories– I prefer the term meta-ethics, but it’s an idiosyncratic term– namely, (1) Nozick’s, (2) Rawls’, and (3) utilitarianism, all imply a case for fully open borders or at least much more open immigration than rich countries permit today. That’s what I’ve always thought. At some point, I’d like to look through the 515 citations to see whether any counter-arguments have any strength. Carens’ job seems rather too easy, but it’s good that someone’s done it, and in a charming and easy to read style. Carens discusses, however, a “communitarian challenge” to the case for open borders, as argued by Michael Walzer. Continue reading All Ethical Roads Lead to Open Borders