Tag Archives: Michael Huemer

My Favorite Three Arguments for Open Borders

August 11, 2015 Joel Newman 11 Comments

There are a prodigious number of moral arguments for open borders. Openborders.info lists libertarian, utilitarian, egalitarian, and other types of cases for open borders, with a number of arguments within each category. What are my favorite arguments for open borders?

Before answering this question, it is important to consider what constitutes a strong argument for open borders. First, it should be logical. Second, it should not be overly complicated, requiring layers of explanation. Finally, it should, in the words of Fabio Rojas, appeal to “basic moral intuition;” it should resonate emotionally. While each of the following arguments may not contain all of these elements, they have at least some of them.

In descending order of strength, here are the three best arguments, in my opinion:

1. Open borders allow people, not their place of birth, to control their lives.

This argument is based on the unfairness that some people are born into poverty in countries that offer little opportunity for them to improve their situations (not to mention that in some of these countries human rights abuses and violent conflict are endemic), while in other countries people are born into relative wealth and have ample opportunities to improve their situations. (For example, the poorest 5% of Americans earn more than 60% of the world’s population. (p. 21) ) Hopefully currently disadvantaged countries will catch up with the advantaged ones, but in the meantime it is unjust to block citizens of disadvantaged countries, through immigration restrictions, from accessing the opportunities available to those born in advanced countries by moving to those advanced countries. Among other negative consequences, restrictions prevent would-be immigrants from benefiting from the place premium, which allows a person from a disadvantaged country to earn much more in an advanced country, even without an increase in the person’s skills. (See also here and here.) An open borders policy addresses the unfairness associated with place of birth, while immigration restrictions maintain it. (Openborders.info communicates the argument thusly: “open borders rectifies a glaring and morally problematic inequality of opportunity based on birthplace.”)

One measure of the argument’s potency is its use by many open borders advocates. Joseph Carens, who made the idea of open borders “intellectually respectable,” states that

In a world of relatively closed borders like ours, citizenship is an inherited status and a source of privilege. Being born a citizen of a rich country in North America or Europe is a lot like being born into the nobility in the Middle Ages. It greatly enhances one’s life prospects (even if there are lesser and greater nobles). And being born a citizen of a poor country in Asia or Africa is a lot like being born into the peasantry in the Middle Ages. It greatly limits one’s life chances (even if there are some rich peasants and a few gain access to the nobility)… Is there some story that they [people in rich countries] can tell to the human beings on the other side of this rich-poor divide as to why these existing arrangements are fair? Would they think the arrangements were just if they were in the position of the excluded? I don’t think so.

Using the terms “geographical roulette,” Stephan Faris, author of Homelands: The Case for Open Immigration, likewise notes that “our system of passport controls, immigration restrictions, and closed borders has created a world in which few factors shape a child’s life as much as one she can do nothing about: the flag under which she was born.” Bryan Caplan of George Mason University states that “when most people are on earth are dealt such a bad hand, to try to stop them from bettering their condition seems a very cruel thing to do to someone.” And R. George Wright of Indiana University has written, in “Federal Immigration Law and the Case for Open Entry,” how those with the “undeserved good fortune to have been born in the United States resist… accommodation of the undeservedly less fortunate.”

I suggested that this argument is a powerful one in a previous post. It is logical and simple. It also could appeal to the moral intuition of many, especially Americans, who oppose discrimination against others based on factors they cannot control. The American Civil Rights Act of 1964, for example, forbids discriminating against someone based on their skin color or gender, traits that people are born with. As Mr. Caplan asks, “What would you think about a law that said that blacks couldn’t get a job without government’s permission, or women couldn’t get a job without the government’s permission, or gays or Christians or anyone else? So why, exactly, is it that people who are born on the wrong side of the border have to get government permission just to get a job?”

2. If before you were born you didn’t know where you would be born (and who your parents would be) but could choose what the laws would be, you would choose laws allowing open borders because they could be key to your well-being.

This argument was developed by Mr. Carens. In “Aliens and Citizens: The Case for Open Borders,” he uses John Rawls’ question about “what principles people would choose to govern society if they had to choose from behind a ‘veil of ignorance,’ knowing nothing about their own personal situations,” such as their class, race, sex, or natural talents, to address immigration policy. (p. 255) Since people would be prevented “from knowing their place of birth or whether they were members of one particular society rather than another,” (p. 257) he concludes that they would choose an open borders regime: “In considering possible restrictions on freedom, one adopts the perspective of the one who would be most disadvantaged by the restrictions, in this case the perspective of the alien who wants to immigrate. In the original position, then, one would insist that the right to migrate be included in the system of basic liberties for the same reasons that one would insist that the right to religious freedom be included: it might prove essential to one’s plan of life… So, the basic agreement among those in the original position would be to permit no restrictions on migration (whether emigration or immigration).” (p. 258) (The original position means when people operate behind the “veil of ignorance” about their personal situation when choosing society’s laws.)

This argument is very logical and probably appeals to the moral intuition (or at least the self-interest) of many people by helping them achieve a global perspective. I have not seen the argument used frequently, however, probably because its logic is somewhat intricate. It was used by John Tierney almost a decade ago in an op-ed calling for expanding immigration to the U.S. Despite its infrequent use, it is a potent case for open borders.

3. Immigrants, like everybody else, have a right to not to be harmfully coerced, and implementation of immigration restrictions constitutes harmful coercion. (Or, in the words of Mr. Caplan, leave people alone so they can go and make something out of their lives.)

This argument was formulated by Michael Huemer of the University of Colorado. In “Is There a Right to Immigrate?” he argues that unless special circumstances can be identified, physically barring immigrants from entering a country and expelling those already inside a country are violations of immigrants’ rights not to be harmfully coerced. (p. 434) Mr. Huemer addresses a variety of justifications for this coercion against immigrants, including claims that immigration hurts native workers, that immigrants fiscally burden natives, that the government should prioritize the interests of disadvantaged natives, and that immigration threatens natives’ distinctive cultures. Mr. Huemer effectively shows that these justifications do not override immigrants’ right not to be harmfully coerced through immigration restrictions.

This argument is logical and straightforward. It is not necessarily morally intuitive, since some people see government as being in the business of harmful coercion through taxation, regulation, and law enforcement, in order to serve the greater good. The hypothetical of “Starving Marvin” contained in Mr. Huemer’s paper humanizes the argument, however. In the hypothetical, Marvin, a potential immigrant in danger of starvation, seeks food by going to a seller in the U.S. The U.S. government, embodied in a person named Sam, forcibly prevents Marvin from reaching the U.S. Marvin then returns home and dies of starvation.

As I have mentioned elsewhere, Mr. Carens and Mr. Huemer include caveats to their arguments indicating that extremely harmful swamping under open borders could override them. (Swamping refers to an immense migration flow in a short period of time.) Unfortunately, dispelling concerns about swamping is not as straightforward as presenting one of the three strong prima facie arguments enumerated in this post, since no one knows with certainty what migration flows might look like under open borders or what the effects of swamping would be, should it occur. Vipul has written posts which dispel concerns about swamping and suggest factors that would limit migration initially after implementing open borders, such as the availability of jobs, wage levels, connections in host countries, and moving arrangements. Declining birth rates in some countries, including Mexico, could be another limiting factor, as could strong ties to one’s home country, as Kevin Johnson suggests. (Opening the Floodgates: Why America Needs to Rethink Its Borders and Immigration Laws, p. 27)

One can also look at situations where borders are currently open for clues about migration flows under worldwide open borders. Philippe Legrain, in Immigrants: Your Country Needs Them, observes that Britain hasn’t been deluged with East Europeans despite the ability of citizens from relatively poor East European countries to come and work there. (p. 328) Mr. Johnson has written that despite the fact that the mainland U.S. has a per capita GDP twice that of Puerto Rico, most Puerto Ricans do not leave (p. 29), although many nations are much poorer relative to the U.S. and about a third of the people born in Puerto Rico have moved to the mainland U.S., which is a significant proportion.

On the other hand, co-blogger Nathan Smith, in his recently published paper “The Global Economic Impact of Open Borders,” writes that “Gallup polls have found that hundreds of millions of people worldwide would like to emigrate permanently. But economic models of open borders tend to predict that billions would actually emigrate.” Nathan suggests that these predictions, while uncertain, “deserve at least to be preferred to whatever casual assumptions may be harbored by untrained minds concerning the question.”

Assuming that billions migrate, Nathan’s research suggests, as does that of others, that world GDP would nearly double and that the living standards of unskilled workers worldwide would rise. The impact on Western countries that receive the bulk of the migration would be mixed, but generally positive: “… unskilled workers would see their wages driven down by competition from immigrants. There would be an enormous boom in investment, and elevated returns on capital for decades, as the world adapted to an enormously expanded effective labor supply.” Nathan’s predictions about the impact on the U.S. political landscape in a forthcoming post similarly suggest significant changes, but not ones that should cause an open borders policy to be overriden. Keyhole solutions would also be available to ameliorate the impact on receiving countries.

Uncertainty is always associated with radical policy changes, whether they be the abolition of slavery or the enfranchisement of women. This uncertainty should not prevent doing the right thing, however. The three arguments in this post powerfully show that, in the context of immigration policy, implementing open borders is the right thing to do.

Philosophers, wonks and entrepreneurs

November 18, 2014 Vipul Naik 2 Comments

I’ve talked about open borders and migration-related issues with people coming from a range of different perspectives (including a wide range of open borders supporters at different levels), and I’ve often found that people are talking past each other. This is partly because of fundamental differences in the mindset that people bring to thinking about the current state of the world and how to change it. In this post, I describe three main (plus some additional) perspectives on the world, and their meaning in the context of open borders.

Philosophers, specifically moral philosophers and ethicists

The moral philosopher or ethicist is interested in figuring out the right course of action, but in a very abstract sense. The moral philosopher may consider questions such as whether we have a duty to vote, whether we are obliged to obey and respect governments’ authority, whether we should eat meat, or whether we have an obligation to make large donations to end poverty. Some of the questions considered refer to the moral choices that individuals face, while others refer to moral choices faced by collectives, represented through intermediaries such as governments, businesses, or other organizations.

Some moral philosophies are deontological, so practical considerations, including the costs and consequences of the relevant alternatives, are not that important. Other moral philosophies are consequentialist, so practical considerations matter in answering moral questions (the most salient example is utilitarianism, where different choices are compared in terms of utility). However, although a consequentialist perspective might seem to be more practical, it is still a philosophical perspective: practical considerations matter only insofar as they shed light on what is right.

Examples of open borders philosophers include Michael Huemer, Jason Brennan, Joseph Carens, and Bryan Caplan. One interesting example to illustrate how the philosopher perspective uses practical considerations merely as a tool of philosophical argumentation is offered by the way people such as Huemer (e.g., here) and Caplan (e.g., here) typically deploy keyhole solutions. When Caplan brings up keyhole solutions, he’s not actually advocating them, let alone offering a specific keyhole solution that he is fully getting behind. In fact, as he’s clarified, he thinks pure open borders is preferable to keyhole solutions, or what I call the (1) > (2) > (3) preference ordering in this post. Rather, he’s using keyhole solutions to win the debate on whether it’s feasible to move in the direction of open borders.

As I noted in my post on Bryan Caplan’s open borders advocacy:

Although Caplan has proposed keyhole solutions, he doesn’t spend enough effort developing these or explaining why and how they may actually be made practical and palatable. Commenters on his posts may get the impression that he is using “keyhole solutions” as a way to deflect restrictionist arguments rather than looking at the reality on the ground regarding what’s actually politically feasible.

Commenter BK agreed and went further:

So generalized pro-immigration ideological pushes strengthen the opponents of keyhole solutions more than they support keyhole solutions. And in practice Bryan and folk at this site do seem to use keyhole solutions primarily as a rhetorical fig-leaf to deflect opposition and shut down conversations.

But from the philosopher perspective, establishing the existence of keyhole solutions can be sufficient to make a case even if one doesn’t feel the onus of developing or recommending them (in Bryan’s case, the logic is analogous to the logic of his views on desert: if one could come up with some way that a person could avoid a bad situation, then they do not deserve sympathy for that bad situation; similarly, if one could come up with keyhole solutions that could in principle allow for open borders, then one has no excuse to maintain the closed border status quo).

When Open Borders: The Case began, it had a fairly heavy philosophical bent. This made sense, because philosophy seems to offer a good place to start an investigation into a change as big and complex as open borders. I feel that this site (and the “open borders movement” at large) has exhausted the philosophical perspective more than the other perspectives. There’s still work to be done with respect to outreach and refinement, but the most important new ground to break on the question won’t come from a purely philosophical angle.

To the extent that work remains on the philosophical side, I believe it will be something of the sort where we apply philosophical reasoning to concrete, specific problems that exist in the world today. Thus, rather than writing another generic post about the right to migrate, we could argue that open borders is the only ethically consistent way of dealing with refugees and DREAMers.

UPDATE: In the comments of an Open Borders Action Group post by Joel Newman linking to an interview in the New York Times of philosopher Joseph Carens, John Lee excerpts a part of the interview that describes the philosopher perspective:

G.G.: So, why argue for open borders if it is not a feasible policy?

J.C.: Because philosophers should tell the truth as they see it (even when that makes some people mad). And it can be important to gain a critical perspective on existing arrangements, even if we cannot do much to change them at the moment. The feudal system was once deeply entrenched. So was the institution of slavery. For a long time, there was no real hope of changing those social systems. Yet criticism was still appropriate. If we don’t ask fundamental questions about the justice or injustice of our social arrangements, we wind up legitimating what should only be endured.

Wonks and policy catalysts

The wonkish perspective to open borders focuses on finding practical solutions or paths in a public policy context. Wonks are interested in the philosophy and ethics insofar as it tells them what subjects to focus on, and insofar as it provides some moral boundaries within which they can explore alternatives, but they’re more interested in working out the details of proposals that are, or might soon become, practical proposals for serious considerations.

Historically, there have been a lot of migration wonks (see for instance our list of migration information web resources and pro-immigration web resources), but few of them, even those whose recommendations push in the direction of freer migration, have identified with the cause of radically freer migration, let alone with “open borders” as a term. Partly, this could be because they are genuine moderates. Partly, this is because wonks, focused as they are on what’s immediately feasible, may lose sight of the ultimately desirable North Star. There are examples of wonks who, even as they propose moderate keyhole solutions, appreciate open borders as a potential end goal. Michael Clemens and Lant Pritchett come with a more distinctively academic pedigree, but are still focused on finding ways to get from here to there, and advocating for their particular keyhole solutions with governments, the public, and the intelligentsia. A particularly salient example is Clemens’ work on expanding the H-2 program in the United States to Haiti and trying to make it more easily accessibl to Haitians.

There are also a few wonks at libertarian think tanks who address migration-related issues, and at least in principle support radical open borders, even if the proposals they table for immediate consideration are more gradual. Examples include Alex Nowrasteh of the Cato Institute and Shikha Dalmia of the Reason Foundation. And then there are people like Matthew Yglesias who view open borders as a worthy end goal but offer far more moderate proposals for immediate consideration. Moreover, even those who are naturally philosophers can don a wonk’s hat and come up with practical proposals. Open Borders: The Case blogger Nathan Smith’s DRITI proposal (that he designed before this site came into existence) and co-blogger Michelangelo Landgrave’s suggestion of making use of NAFTA’s labor provision are examples.

Open Borders: The Case has represented the wonkish perspective to a fair degree, though somewhat less so than the philosopher perspective. My co-blogger Michelangelo Landgrave’s recent post suggesting next steps for the open borders movement basically argues that it’s time for the open borders movement to shift focus from the philosopher perspective to the wonk perspective.

But there’s a very important third perspective that is often ignored in this context, and may well be more promising than it looks.

Entrepreneurs

Entrepreneurs, like wonks, are focused on practical, immediate changes. However, unlike wonks, the practicality of entrepreneurs is not directed primarily at influencing policy. Entrepreneurs do not assume they have the ear of political decision-makers, or a special seat at the table in political negotiations. Rather, they’re attempting to find ways of attacking problems, starting off as ordinary people (albeit with some financial resources and personal connections).

Philosophers tend to be morally judgmental, telling people and institutions what they should believe and do. Wonks tend to be largely accepting of public opinion and belief systems, and tend to either move it at the margin or attempt to influence government policy holding public opinion fixed. Entrepreneurs try to directly sell stuff to the people, attempting to either change public opinion or ignore it and still provide value to the minority that defies the public. The entrepreneurial perspective hasn’t really been given much importance on Open Borders: The Case, or in policy discussions of migration in general. This makes prima facie sense: the main obstacles to open borders seem like policy obstacles, and policy change seems essential. Apolitical entrepreneurship doesn’t seem like a good fit.

But I’d like to argue that entrepreneurs are more important than that. Consider business like Uber and Airbnb. Both companies (and many others in recent years) began by operating in a legal gray area, but soldiered ahead, despite injunctions and threats from city governments. And at some point, their services had a sufficiently large loyal following from users that city governments couldn’t really shut them down (but at the same time, they got big enough that they couldn’t ignore government threats, so they reached compromise “keyhole solutions”). For concrete examples with Airbnb, see this and this. And Uber co-founder Travis Kalanick’s disregard for legal barriers is part of the reason for the company’s success.

What would the analogous situation be for migration? Illegal immigration similarly represents a challenge to the status quo. Just like Uber has done more to challenge the status quo of highly restrictive taxi medallions than numerous academic papers and think tank reports on the subject, continued illegal immigration has done a lot more to keep the issue of migration restrictions and their effect live than the economic or philosophical literature on the subject could alone. One of the main reasons politicians in the United States even consider passing immigration reform is the large number of illegal immigrants who make the issue salient and hard to sweep under the rug. As my co-blogger Nathan Smith says, “heightening the contradictions” through continued amnesty for illegal immigrants might ultimately be the most feasible path to increasing freedom of migration. There are close parallels between such amnesty and post-facto legalization of the gray area services provided by companies like Uber and Airbnb.

Thus, one could argue that those who facilitate illegal migration directly (as human smugglers or document forgers) or indirectly (by providing legal assistance or employment opportunities to illegal immigrants) are making entrepreneurial moves in the direction of open borders. Such entrepreneurs invoke mixed feelings even among open borders advocates, given that operating a successful business of smuggling people in and forging documents can require engaging in many unethical and even violent activities (partly to avoid border controls, partly because the underground nature of the activity makes legal or open means of recourse difficult). A recent post of mine on snakeheads (human smugglers from China), with a special focus on the recently deceased Sister Ping, went into some detail on this matter. The tactics used by some of these people are several shades worse than Uber’s shady tactics to gain market share.

One doesn’t necessary have to directly help people migrate illegally in order to facilitate illegal migration or use illegal migration to help challenge the status quo. One can also assist illegal immigrants once they have migrated, with jobs, educational opportunities, places to stay, and evading immigration enforcement. These fall within the broad category of civil disobedience, on which we’ve done a few posts before.

That said, it’s not necessary to concentrate solely on breaking the law to make an entrepreneurial impact. Some other, more legally above-board routes of an entrepreneurial nature are described at our migration arbitrage business opportunities page and my philanthropic possibilities blog post. A particularly noteworthy example that I’d love to investigate further is CITA, a nonprofit that helps farmers in the United Stateas connect with people interested in doing farm work in nearby countries such as Mexico, so that they can legally apply for H-2 temporary work visas. There may be similar opportunities in other locations, such as Svalbard, Argentina, the UAE, Singapore, Sweden, and Thailand, where at least nominally there is considerable freedom of migration for people who have a job offer in the receiving country.

The social/moral psychologist

A fourth perspective, that is not seen so much from people when they are trying to push the world towards open borders, but that is a very important complement to such pushes, is that of the social or moral psychologist. Such a person strives to understand the world, and the way that humans are behaving in it. Social scientists are part of this spectrum, while moral psychologists such as Jonathan Haidt are in a different part.

Wonks versus philosophers: two apparent conclusions and why they’re premature

Some might interpret wonks’ apparent practicality as evidence that wonks are more keen to actually see open borders through than philosophers. This is not necessarily true. Many wonks may be motivated at least partly by their paycheck (not that this means they’re saying things they know to be false, but at minimum their proposing practical solutions doesn’t necessarily mean that they are more serious about migration liberalization).

One can also err by interpreting the divide in the opposite way. A person used to wonk-speak may consider a philosopher a starry-eyed extremist who lacks practical sense. But this isn’t necessarily because the philosopher’s actual practical recommendations (if he/she were required to come up with those) would be more extreme, it’s simply that the philosopher is trying to address a different question. Similarly, for those used to moral philosophy, the wonk’s moderation may seem like wussiness, but that may not reflect objective truth. The wonk/philosopher divide is thus closely related to the moderate/radical divide and the moral/practical divide, but it provides a slightly different focal perspective on these divides.

Some hybrids

I think of FWD.us (that we’ve blogged about in the past) as an ill-conceived attempt at an entrepreneur-wonk-philosopher hybrid. Coming from (and attempting to embody) a Silicon Valley culture, FWD.us adopted the machismo of entrepreneurs. It borrowed a little bit from philosophical language, but offered no clear idea of what the underlying moral beliefs were and why. But its proposed path to success was purely wonkish. In light of this confused hybrid, it’s unsurprising that the group hasn’t really been able to achieve much, and that Joe Green, the President and CEO, was ultimately pushed out.

The DREAMer movement offers another interesting kind of hybrid. At one level, DREAMers are entrepreneurs: they’re engaged in openly defying and disobeying an existing system of laws, thereby making the contradictions between those laws and commonsense morality more apparent. At another level, to the extent that they propose, or at least stand behind, policy changes, they are playing the wonk. And to the extent that they directly appeal to people’s conscience about the correct way to treat DREAMers, they are engaging in moral philosophy.

The DREAMer hybrid has ben most successful in the entrepreneurial sense: they were able to acquire sufficient political salience that a DREAM Act has sort-of-been in the works for a while, and in June 2012, Obama passed his de facto DREAM Act called Deferred Action for Childhood Arrivals. The credit goes to DREAMer thought leaders such as Jose Antonio Vargas and his organization Define American, as well as numerous other grassroots organizations that have pushed for the issue. As wonks, the DREAMers have been relatively weak, offering no compelling long-term or robust solution. As philosophers, I think they’ve been even weaker. My co-blogger Michelangelo, himself a DREAMer, takes issue with what he considers flawed DREAMer logic and proposes instead that the DREAMer movement should use the case for open borders as a foundation. Occasional blogger David Bennion has argued that the DREAMer movement, and undocumented organizers at large, could pave the way towards open borders, and cited his own work for the DREAM 30 as an example.

Pro-immigration organizations such as the Immigration Policy Center, not explicitly pro-open borders, offer an interesting hybrid. They’re largely wonkish, but they also engage in and indirectly promote various forms of activism that could be construed as entrepreneurial. Personally, I’ve found their philosophical foundations to be poor. This isn’t necessarily an overwhelming criticism, because they specialize in something else. There is also a somewhat related issue of how their pro-immigration stance could conflict with certain kinds of keyhole solutions, and how they may be reluctant to consider trade-offs that improve greater freedom of migration in exchange for fewer immigrant rights (I discussed this a while back in this post, but there’s a lot more I hope to say on the rights-volume trade-off in future posts, probably referring to the work of Martin Ruhs).

Addendum: philosophers, wonks, and entrepreneurs against migration

The philosopher/wonk/entrepreneur distinction also applies to those who oppose some or all migration. This reference page on our site discusses the various philosophical bases for anti-immigration arguments, and includes commonly used argument types such as citizenism, territorialism, and local inequality aversion. Unsurprisingly, I think that the philosophical bases for arguments against freedom of migration seem weak, but that’s what you’d expect from a blogger on Open Borders: The Case.

The anti-open borders wonkish perspective is represented by organizations such as those listed on the anti-immigration web resources page. In the United States, the most respectable (in the view of legislators) of the anti-immigration think tanks is the Center for Immigration Studies.

What about anti-immigration entrepreneurship? The Minutemen and various other vigilante justice and citizen initiatives to identify and report illegal immigrants come to mind. One could also argue that websites like VDARE offer interesting (if confused) philosopher-wonk-entrepreneur hybrids.

If Open Borders Are Instituted Gradually, What Should Be The Initial Number of Immigrants Admitted?

August 9, 2013 Joel Newman 14 Comments

In a recent post, Vipul wrote about the importance of better understanding the number of people who might migrate under policy changes in the direction of open borders. One reason why he considers this important is to evaluate the legitimacy of concerns about “swamping:” “One of the main concerns of people ranging from hardcore restrictionists to moderate pro-immigrationers and even some who identify as being pro-open borders is that true open borders would lead to very large numbers of people moving over short time periods in a manner that would strain housing, electricity, water supplies, and other infrastructure in the countries receiving the immigrants.”

Whether receiving countries would be swamped if open borders were implemented, and what the swamping would actually be like, is pivotal to determining the morality of open borders. That’s because, absent the possibility of a swamping that turns a receiving country into an economic and political basketcase similar to Haiti or Somalia, from a moral standpoint there are no obstacles to instituting open borders immediately.

In fact, two of the strongest moral arguments in favor of open borders include caveats in which extremely harmful swamping might override the arguments. In “Aliens and Citizens: The Case for Open Borders” Joseph Carens uses John Rawls’ question about “what principles people would choose to govern society if they had to choose from behind a ‘veil of ignorance,’ knowing nothing about their own personal situations,” such as their class, race, sex, or natural talents, to address immigration policy. (p. 255) Since people would be prevented “from knowing their place of birth or whether they were members of one particular society rather than another,” (p. 257) he concludes that they would choose an open borders regime: “In considering possible restrictions on freedom, one adopts the perspective of the one who would be most disadvantaged by the restrictions, in this case the perspective of the alien who wants to immigrate. In the original position, then, one would insist that the right to migrate be included in the system of basic liberties for the same reasons that one would insist that the right to religious freedom be included: it might prove essential to one’s plan of life… So, the basic agreement among those in the original position would be to permit no restrictions on migration (whether emigration or immigration).” (p. 258) (The original position means when people operate behind the “veil of ignorance” about their personal situation when choosing society’s laws.)

However, in “Migration and Morality: A Liberal Egalitarian Perspective,” Mr. Carens states that with open borders “… the number of those coming might overwhelm the capacity of the society to cope, leading to chaos and a breakdown of public order… A threat to public order could be used to justify restrictions on immigration… because the breakdown of public order makes everyone worse off in terms of both liberty and welfare.” At the same time he writes that “the state is obliged to admit as many of those seeking entry as it can without jeopardizing national security, public order and the maintenance of liberal institutions.” (p. 30)

In “Is There a Right to Immigrate?” Michael Huemer argues that unless there are “extenuating circumstances,” people have a right “not to be subject to seriously harmful coercion.” (p. 432) Therefore, unless special circumstances can be identified, physically barring immigrants from entering a country and expelling those already inside a country are violations of immigrants’ rights not to be harmfully coerced. (p. 434) Mr. Huemer addresses a variety of justifications for this coercion against immigrants, including claims that immigration hurts native workers, that immigrants fiscally burden natives, that the government should prioritize the interests of disadvantaged natives, and that immigration threatens natives’ distinctive cultures. Mr. Huemer effectively shows that these justifications do not override immigrants’ rights not to be harmfully coerced through immigration restrictions.

Nevertheless, the possibility of swamping gives Mr. Huemer pause. He writes, “No one knows what the full effects of a policy of open borders would be, since it has been a very long time since U.S. borders have been open.” Referring to Brian Barry, who predicts a billion immigrants coming to the U.S. with open borders and disastrous consequences, Mr. Huemer states that “Perhaps Barry is correct that the result would be disastrous for American society. If so, this is the sort of extremely negative consequence that, it might be argued, outweighs the rights of potential immigrants to freedom of movement.” (pp. 453-454)

So would receiving countries be swamped with open borders, and would that swamping essentially destroy the economic and political systems that made those countries desireable destinations in the first place, thus overriding the moral imperative for open borders? That is what Vipul is apparently exploring, but it seems that a clear answer will be elusive.

In apparent response to concerns about swamping, some, including Mr. Huemer (p. 454), have advocated for a gradual transition towards open borders. This would involve increasing immigration levels over a period of time. If receiving countries are not being severely swamped after each increase, then immigration levels would again be increased. Politically, and perhaps morally, this approach may be warranted, although the suffering associated with restrictionism would persist.

At least the initial increase in immigrant numbers under a gradual transition could be substantial, without severe swamping of receiving countries, based on Israel’s experience with high levels of immigration from the former Soviet Union in the 1990s. Philippe Legrain has highlighted this experience in his book Immigrants: Your Country Needs Them. This flow of people to Israel was, in Mr. Legrain’s words, “one of the most dramatic experiments in the history of immigration.” (p. 133) Mr. Legrain notes that between 1990 and 1997 over seven hundred thousand immigrants from the former Soviet Union arrived in Israel, a country with a population of about 4.6 million in 1989, and almost half of the immigrants entered in a two year period. (p. 134) Mr. Legrain puts these numbers in perspective for America: “Imagine, then, what would happen if over 15 million foreigners were suddenly to arrive in the U.S. over the next two years, rising to 29 million over eight years. Twenty-nine million people who don’t speak English, don’t have jobs to go to and don’t even have any experience of working in a capitalist economy… Mass unemployment? Riots in the streets? Perhaps even the collapse of society?” (p.134)

Citing an Israeli economic expert on this impact, Mr. Legrain states that at first native Israelis’ wages fell by about 5 percent for men, and there was a sharp rise in interest rates. However, “Israel’s economy seems to have absorbed a vast number of new workers without a rise in unemployment.” Unemployment among native Israelis dropped during this period, and by 1997 the ex-Soviet employment rate was similar to that of native Israelis. (p. 135) In addition, by 1997, “natives’ wages had recovered to where they would have been without the mass immigration, and interest rates had fallen to their pre-immigration levels.” Mr. Legrain concludes that “flexible advanced economies can absorb large numbers of immigrants without any cost to native workers if the inflows are reasonably predictable, and with only a short-term cost to them if they are unexpected.” (p. 135)

Some might counter that the ex-Soviet immigrants had higher levels of education than those who might immigrate to western countries from developing countries under an open borders policy. However, Sarit Cohen and Chang-Tai Hsieh found that “… the Russian immigrants suffered from substantial occupational downgrading in Israel and thus did not increase the relative supply of skilled workers in Israel.” (p. 27) Many female immigrants, and presumably many male immigrants, ended up doing menial service jobs. This fits with Mr. Legrain’s explanation of how differences between native and immigrant workers limit competition between the two groups: “… critics of immigration would be the first to argue that immigrants and native workers are not identical. The newcomers will almost certainly speak the local language less well, have fewer contacts and less knowledge of local practices… At most, then, they are imperfect substitutes for local workers, which implies that they only indirectly compete with them in the labour market—thus limiting any short-term harm they might cause natives.” (p. 137) Thus, despite their high education levels, the immigrants from the former Soviet Union should not be viewed differently from those who would enter developed countries under open borders.

The Israeli experience suggests an initial immigrant admissions level for the U.S., as part of a gradual move towards open borders, could be established that is much higher than current American admissions levels. I don’t know how Mr. Legrain calculated the U.S. equivalent of 29 million people over eight years based on the Israeli experience, but my calculation is significantly higher. First, there were over 820 thousand immigrants over the eight years, including immigration from other source countries in addition to that from the former Soviet Union. Using the 1989 Israeli population of about 4.6 million and using a rounded down figure of eight hundred thousand immigrants between 1990 and 1997, there was about a 2.1% annual addition to the 1989 population over eight years. A 2.1% addition to the current U.S. population of about 316 million yields more than 6.5 million new immigrants a year (52 million over eight years). Therefore, a conservative recommendation would be to establish an initial immigration level to the U.S. of 6.5 million a year. (By comparison, there have been about one million immigrants who have gained permanent legal status in the U.S. each of the last three years. The undocumented population has been falling in recent years.) The level would be raised regularly thereafter, assuming no devastating effects on the U.S. from previous levels. Other receiving countries including Canada, Australia, New Zealand, and those in Europe and East Asia could also set their initial immigration levels at 2.1 percent of their current populations.

Again, this gradual approach to open borders means that much of the suffering associated with immigration restrictions would continue for years to come. I share Bryan Caplan’s concern that fears of swamping, which are unsubstantiated, stand in the way of open borders: “We’re trapping millions in Third World misery because we know that free migration has very bad consequences” arguably overcomes the presumption in favor of open borders. “We’re trapping millions in Third World misery because there’s a small chance that free migration has very bad consequences” does not.” While I am very uncomfortable with the gradualist approach to open borders, at least we have evidence showing a relatively high level at which receiving countries should begin their gradual implementation of open borders.

Open borders versus no borders: my take

March 14, 2013 Vipul Naik 6 Comments

The Open Borders site has a page on the distinction between open borders and no borders. The main proponent of “no borders” that I know of is Robert Higgs, who explicitly says:

I will say, in case anybody cares, that despite permitting my name to appear on the letter, it does not represent my own views accurately. I am not for (or against) open (or closed) borders; I am against borders and the organized criminal gangs who draw them in the dirt and then threaten with violence anyone who crosses the line. Of course, my ideal world is not about the erupt.

In various blog posts, my co-blogger John Lee has tangentially alluded to open borders as a moderate position compared to the radical idea of no borders. Probably unlike John and possibly also unlike my other co-blogger Nathan (see the note at the end), I self-identify as a philosophical anarchist, though I’m agnostic about the feasibility of anarchism.

Quick summary of the distinction: a philosophical anarchist is somebody who rejects the idea of the legitimacy of the nation-state. A political anarchist advocates for anarchism as a superior alternative to the nation-state. One can be a philosophical anarchist — in the sense of not viewing the state as morally legitimate — while still not being a political anarchist in the sense of believing that anarchism is necessarily an alternative worth expending effort to work towards or an alternative that will necessarily produce superior outcomes.

Note also that political anarchism comes in two flavors: “anarcho-capitalism” and “anarcho-socialism.” For the purpose of this blog post, I’ll stick to anarcho-capitalism, which is the philosophical stance of open borders advocates such as Bryan Caplan (see here) and Michael Huemer (see his book The Problem of Political Authority).

My personal take: I’m far from sure about the potential for anarchist orders that will perform a lot better than nation-states holding the quality of people roughly constant. I think it’s plausible, but I’d like to see a lot more evidence of anarchism in action at a small scale before I can sign on to political anarchism. Incidentally, Michael Huemer’s book The Problem of Political Authority (see also Bryan Caplan’s book review) offers an excellent case for the long-term potential of anarchism and a description of how the world could feasibly move towards anarchism. I think it’s a great case, and the main reason I’m not convinced is that it’s too far ahead for me to even trust my intuition as to how it might work out. It’s for roughly the same reason as the reason I approach claims about the technological singularity and its aftermath with skepticism.

But, where I differ from John is in the implicit stance that seems to be reflected in his writing that open borders is the moderate, sane position compared to anarchism, which is a crazy, straw-man position. Even if I don’t sign on to anarchism yet (for lack of evidence about it and for the very long time period that would be needed to bring it to fruition) I don’t think it’s an idea that deserves to be scoffed at or thrown out of the room. If for no other reason, because many forms of political organization (such as representative democracy with universal adult franchise) have passed from heresy and scoff-worthy curiosity to entrenched dogma.

Rhetorically, putting open borders as a “middle” position between the status quo on the one hand and “no borders” anarchism (of the sort espoused by people like Robert Higgs) on the other, will appeal to people on account of the Overton window phenomenon. Continue reading Open borders versus no borders: my take →

Open Borders: The Case