Tag Archives: moral case

What part of “immoral” don’t you understand?

A common retort to suggestions that our governments regularise the status of irregular immigrants is that these people are “criminals”, they’re “illegal”, and just what part of illegal don’t I understand? The mainstream immigration reform has adopted this rhetoric too, even if they claim to reject it; the rhetoric of US President Obama (who at the time I write just announced a deferral of deportation for some few million migrants) and others has been chock full of insistence that irregular immigrants owe a debt to society, that they ought to do some sort of penance — perhaps pay a fine — in return for any sort of regularisation. In short, the mainstreamers say that they do understand that these migrants are “illegal”, and that they do intend to punish them — just not as badly as the hardcore restrictionists want.

I see no justice in this. As co-blogger Joel Newman says, our governments owe irregular migrants an apology, not a fine. Make no mistake about it: if you’ve done something wrong, if you’ve injured someone or taken someone’s property, you ought to pay the price. But if all you’ve done is an honest day’s work, if all you’ve lived in is a home you’ve paid the price for, then there is nothing to punish you for. Living in the shadows our government forced you into for dreaming of a better future for yourself and a family was more than punishment enough.

The persistent, shrill cries of “what part of illegal don’t you understand?” are pretty blind to the meaning of the term “illegal” in the first place. For instance, most of these people don’t seem aware that it’s not a crime to be present without a lawful immigration status in the US; this is such basic legal knowledge that it didn’t make any headlines when the Supreme Court acknowledged this in an aside as part of a larger ruling on immigration law. For another, most of these people routinely break the law and get indignant when it is actually enforced against them. Just witness the furore when bicyclists are ticketed for cycling on the sidewalk, or when drivers are caught speeding by automated cameras. If committing unlawful acts in the course of ordinary business makes immigrants “illegal”, that makes everyone “illegal”.

Now of course people will say immigration law is on a special plane of existence, something that deserves far more respect than menial traffic laws. Sure. I simply say: let the punishment fit the crime.

The consensus is that half of all undocumented migrants in the US entered lawfully at a border checkpoint, and simply took up residence or employment in violation of the terms of their visa. There is no crime in paying rent for a residence, and no crime in searching for work. If an immigrant applying for my job is stealing from me, then who did I steal from when I applied for the job I hold now? Is it only a crime when immigrants do it?

These undocumented migrants should be punished appropriately for any actual crimes they have committed. If they drove drunk, if they shoplifted, if they committed welfare fraud, whatever — they should do the time, and pay the fine. But they should not be deported or excluded from the country they call home. As long as they are willing to accept the laws of their new home, and accept the punishments of these laws, they should be allowed to stay. They entered legally. The most they should be required to do to stay is fill out a basic form, and submit to legal proceedings for any other unpunished crimes in their past. Innocent immigrants who have done nothing worse than pay rent and earn honest wages deserve an apology for the persecution that our laws unjustly put them through.

As for the other half who entered without inspection at a border checkpoint, they should submit to a screening comparable to what they would have gone through at the border, and register with the authorities. Again, the idea is to make restitution for the original offense. The original offense, in legal parlance, was “entering without inspection”. So let the punishment fit the crime.

But it wouldn’t be fair, you might say. What about all the immigrants waiting in line? Well, whose fault is it that they are waiting in that line? Isn’t it your fault that the government you elected made crappy laws which have kept out all these innocent immigrants, and forced them to choose between waiting in a line that will never end (literally: some visa categories have backlogs that exceed 80 years), or migrating illegally?

I do agree it is not fair to do amnesties in a one-off manner. It is not fair to the good people who want to immigrate legally, but who are banned from doing so by irrational quotas and queues. It is also not fair to all of us who are harmed by the bad apples, the actual criminals, who either hide amongst the innocents in the undocumented population, or worse, take advantage of these migrants’ warranted fear of the government to abuse and exploit them.

Many governments — such as those of France and Germany, to name a couple you may have heard of — do not do one-off amnesties; instead, anyone who migrated illegally but who has otherwise complied with the law for a sufficient length of time is allowed to register with the government and become a legal immigrant. If we can’t have open borders, let’s at least allow anyone who has proven their commitment and loyalty to our laws to come out into the open and register as a law-abiding member of our community. That’s the fair thing to do, instead of having these one-offs.

But at the end of the day, if being fair to those immigrants in line is what bothers you so much, well — it’s the line your government created. The absurdity of having queues backlogged such that people applying today would have to wait an entire human lifetime to get their application approved is something only a government could create. The problem isn’t those good people forced to choose between waiting in line versus entering by other means to rejoin their families or seek gainful employment. The problem is your government and the stupid laws it made up.

Now, those laws aren’t stupid you might say. I agree: to the extent that they protect us from criminals, contagious disease outbreaks, and other harms, they are good laws. But to the extent that they “protect” us from people who just want to pay the market price to live in a safe home and work in a functioning economy, they are bad laws. To the extent that they treat someone whose ambition is to earn minimum wage washing dishes 18 hours a day as if he’s the scum of the earth, they are evil laws.

I’ve written before that the best way to secure the US’s border with Mexico would be to open it. Drug lords and slave traffickers rely on being able to disguise themselves among the masses of innocent people crawling through sewers to rejoin their families; let those innocent people buy bus tickets instead of paying thousands to coyotes, and where will the criminals hide? Restrictionists scoff at the idea of these immigrants being innocent — but you tell me, where’s the sense in treating someone who just wants to mop your floors for minimum wage as if he is the equivalent of a murderous drug trafficker?

I understand the intuition that one should comply with the law, and that failing to comply with the law generally marks you as a bad person — somewhere on the scale between reckless and just plain criminal. But this intuition only works for laws where the burden of compliance applies equally to everyone. Everyone knows what it means to not steal. But does everyone know what it means to comply with immigration law?

I would bet anyone that the majority of citizens of any country have no idea how the typical migrant in their country should comply with their own country’s immigration laws. Why should any of us know? All we ever did to comply with the law was be born. We didn’t have to do anything else, just slide out of the right person’s uterus at the right time, on the right soil.

Anyone in the US who has ever been in trouble with their taxes should know the feeling: you did everything right, and yet apparently your filing was still illegal — the government says you didn’t pay enough taxes. US tax law is so complicated that in some cases even the Internal Revenue Service throws up its hands and admits it doesn’t know what the law says. Yet for all your trouble, the public lambasts you as a tax evader, blasts you for not paying your fair share. And that is pretty rich, when virtually everyone who files taxes has likely fallen afoul of some technicality in the law (did you really report on your tax return the $20 in income you earned from that casual bar bet with your cousin?).

Multiply this frustration a few hundred times over and you can imagine the frustration of complying with immigration law. Some of the best, most honest and decent people I have personally known have been “illegal”. In some cases they didn’t even realise it until after the fact: as a student, your visa bans you from working more than a certain number of hours. Exceed the limit, and bam, you’re “illegal”. In other cases, delays or government processing issues while you’re transitioning from one visa type to another mean that you can “fall out of status” until your new visa is approved. Bam! Illegal.

And these are the lucky ones: they were already present in the US, and nobody could conveniently detect they’d committed these violations of immigration law. Usually nobody would ever be the wiser that they had, for a period of time, been “illegal”. Millions more such innocent people are trapped in the unlucky position of either waiting decades in line, or just jumping a fence that shouldn’t be keeping them out in the first place. Long wait times for immigrants to the US aren’t unusual; they’re the norm. Stories of the insanity of immigration law are a dime a dozen: see this, this, this, or this.

But how many citizens know of this? They know nothing, of course: the law has nothing to do with them. They can feel free to demand 100% compliance with the law, because they will always be 100% compliant. All they have to do is breathe. It’s pretty easy to follow the law when you have to do nothing. How can you demand people follow the law when you yourself have no idea what the law demands, and you yourself don’t have to do anything to comply with it?

I am making no claim to perfection here. As a Malaysian, I have no idea what laws the foreigners living in my country have to comply with. When people ask me about how easy it is for foreigners to live in Malaysia, all I can say is “Well I saw a lot of them in my junior college so I think it’s pretty easy to come in”. I honestly have no freaking idea what our visa laws are; I have no reason or incentive to, because by definition, it is impossible for me to ever break the law!

Claims that “Well, my ancestors followed the law” ring pretty hollow. After all, what laws did your ancestors follow? In the case of most Americans, their ancestors immigrated legally because all you had to do to immigrate was not be Chinese. If by definition it is impossible for you or your ancestors to have broken the law, then it is pretty rich of you to insist that you know exactly what laws others should comply with. Yet people often pretend they know exactly what the laws are, and blame the victims of these abusive laws for not submitting to their unwarranted punishment.

Anti-Chinese poster

What’s good for the goose is good for the gander: if you want people to prove their loyalty and knowledge of your country by passing a test, then why don’t you subject yourself to that same test? Why not? Didn’t your schooling prepare you for that test?

If millions of ordinary people can waste 20 years of their adult lives waiting for government permission to pay rent and apply for jobs, why not you? What makes you so special? Isn’t it unfair to others who did wait those decades in line, who actually complied with the bullshit hoops your government made them jump through? Your ancestors didn’t jump through those hoops — so don’t you owe it to them to follow the law on their behalf?

And so on you go, railing against “amnesty”, even though there’s a good chance if you are American that you are only here today thanks to an amnesty your ancestors arguably didn’t deserve. I refer, of course, to that time some of your ancestors took up arms in violent rebellion against the lawful government of the United States, and were rewarded with an unconditional amnesty for their trouble.

At the end of the day, there is nothing that makes sense about most immigration laws. A handful of restrictions actually target terrorists, criminals, or contagious disease carriers. The rest of these laws just treat people who want to pay market rent for a safe home and the chance to earn the market wage for honest work as though they are criminals for doing the same things as everyone else. There is no sense in treating a minimum wage cook like a cutthroat, and there is no justice.

The real question isn’t what part of illegal don’t I understand; I’m well aware that, at least far as my own country goes, I don’t understand, because I have no reason to! No matter how many laws I break or how many wrongs I commit, I’ll always be in compliance with Malaysia’s immigration laws.

The real question is, what part of “illegal” do you understand at all? You don’t understand any of it. You don’t know what it’s like to be worried that accidentally working one extra hour a week this semester might mean that you’ll get deported. You don’t know what it’s like to earn pennies a day, banned from earning the dollars which your hard work could easily earn you because this year, only 23 people from your country of millions will be given work permits.

The persistence in which people pretend that complying with the law is no burden, that if their ancestors could do it then so can anyone else, truly boggles the mind. Laws which ban parents from paying to put a roof over their children’s heads and ban dutiful children from sending home money to care for their aging parents criminalise the virtues we so often commend to ourselves. What can this be, if not hypocritical injustice? Let me ask you — what part of “immoral” don’t you understand?

We still have much to do

In a speech late yesterday President Obama spoke about the need to fix the United States’ immigration system and announced a series of executive actions his administration was taking. The full text of his speech can be found here, and the Department of Homeland Security’s fuller description of Obama’s executive actions can be found here. If you are wondering about the constitutionality of Obama’s actions I refer you to Law Prof. Ilya Somin’s post on the issue and his updated version.

I agreed with much of what President Obama said last night. Immigrants have shaped the United States. We are a nation of immigrants. Our national epic begins with a group of migrant Pilgrims fleeing religious prosecution in Europe and settling in the new world; we celebrate this event every year on Thanksgiving. I cannot think of a better time for immigration reform.

President Obama conceded in his speech that the bill passed last year by the Senate was imperfect, it was a compromise on both sides, but nonetheless it was an improvement over our current system. Here too I agreed with the President.

I diverge with the President however in thinking that one of the main issues of immigration reform is what to do with our nation’s illegal alien population. By all means I have a vested interest in seeing some sort of legal status conferred to this population. The life of an illegal alien in the United States is difficult, but it is infinitely better than the life of those who weren’t able to make the trip at all. What we should concentrate on is reforming the system so that everyone who wishes to come to the United States has the opportunity to do so.

President Obama spoke about the need to make it “… easier and faster for high-skilled immigrants, graduates, and entrepreneurs to stay and contribute to our economy…” but this is still missing the point. President Obama seems to believe that the United States need a specific type of migrant and that the government is capable of screening for them whilst simultaneously denying entrance to ‘undesirables’. One of the reasons I support Open Borders is precisely because we can’t know what type of migrant we need.

If I may lift a page from F.A. Hayek, the question is not whether immigration should be planned but who should plan it. Many people believe by default that it is the state that should plan for society. In this respect most mainstream pro-migrant and anti-migrant advocates are only marginally different. They may differ in how they believe the state should plan, but they nonetheless believe it should plan. The radicalness of Open Borders is the belief that the role of planner should go not to the state, but to the spontaneous order that is created through the actions of individuals.

Whether a migrant is employed by a firm should be a decision made by his potential employer. Whether a migrant finds housing should be a decision made by his potential landlord. Whether a migrant is accepted into a given church, club, association, or Jazz band should be up to these respective groups. Whether a potential migrant is able to succeed in his mission should depend on his ability to find employment, housing, and social ties through voluntary transactions with other individuals. There is neither need nor place for the state to become involved in these transactions.

The executive actions undertaken by the Obama administration yesterday have improved on the status quo, and to that extent I welcome them. These reforms are not enough though, we still have a long way to go before we reach Open Borders. The United States immigration system must be replaced with one led by the market process. Immigration systems elsewhere must also be reformed. The posts on Open Borders: The Case are US-centric because most of our writers are Americans, but this should not be confused to mean that only the United States needs to adopts Open Border policies. Israel, the United Kingdom, Australia, Mexico, South Africa, and every other polity should adopt Open Borders. By all means let us celebrate the marginal improvements the Obama reform has brought, but let us not forget that our end goal is something far more radical.

Philosophers, wonks and entrepreneurs

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.

A request to moderates: show your work

As I posted on the Open Borders Action Group, I was struck by a passage from Madeline Zavodny’s piece in Peregrine titled Immigration Policy and the Surge:

Deporting them back to such bleak conditions may seem heartless (although not as heartless this summer’s sight of US citizens blockading buses carrying these migrants, reminiscent of protests against buses carrying black children to white schools some fifty years ago). But allowing them to remain in the United States for more than a few weeks guarantees bigger illegal inflows in the future and reduces further the possibility of comprehensive immigration reform.

Zavodny is a prominent speaker on immigration-related issues (for samples of her work, see her Senate testimony and her write-up on immigration and American jobs). She seems to have a generally favorable impression of work-based migration at all skill levels and has defended migration liberalization in many contexts. My co-blogger John Lee had briefly described her contributions to a Cato panel on immigration in July of last year. She’s writing for a journal devoted to the policy analysis of immigration. Therefore, it is reasonable to hold her statements to high standards.

Zavodny’s first sentence argues that governments deporting people is not as bad as private citizens demanding that governments deport people. At first sight, this seems puzzling, because advocating that something be done is rarely considered to be worse than actually doing it.

The puzzle is deepened by the fact that in her next sentence, as well as in the rest of the article, she seems to endorse at least some level of deportation as a necessary evil. So why exactly does she advocate that government do something, yet consider it heartless for others to advocate the same? As I wrote in a comment on my OBAG post, based off of a private discussion with John Lee (who has written the defining piece on how open borders differs from mainstream moderate immigration reform):

Seems like the main point of difference between many mainstream people and hardcore restrictionists is that the mainstream people endorse it, but are proud that they don’t boast about it. They endorse deportation as a “necessary evil”

But this attitude, too, is morally mysterious. Imagine that you are about to cross a bridge, and a police officer stops you, brandishing his weapon and forcing you to back off. If he shouts invective at you, calling you a loser who doesn’t deserve to cross the bridge, you aren’t going to be pleased. But would you really consider his behavior fair if he said “The bridge will snap in two if you go in there. Sorry, I don’t mean to hurt you, but if you move forward, I’ll shoot you!” or something similar? What if you point out that the bridge hardly looks on the verge of collapse, and besides, many other people are getting on and of it, and he simply brushes you off, repeating, “I don’t mean you any ill will, but you got to back off or I’ll shoot you. Give your family my regards.”

Now, if there actually were a good case that the bridge would collapse, and/or if he had good reason to believe that, and you sensed that, it might be different. But if he claimed in a blasé fashion that the bridge would collapse, yet offered no reasons, that wouldn’t come across that differently from shouting invective or displaying personal hostility.

The analogy with moderates should be clear: many moderates reflexively oppose large-scale admission of refugees or migration liberalization, while at the same time seeking to distinguish themselves from more hardcore restrictionists who, in their view, display unsavory prejudicial attitudes (in fact, even some hardcore restrictionist groups, such as Center for Immigration Studies, take pride in their lack of hostility to immigrants, as we’ve discussed before. But that’s a separate topic). But, as I’ve discussed before, few moderates care to spell out clearly why they think of open borders as going too far. Or rather, the reasons they offer seem like blithe dismissals, not the sort of strong, compelling evidence you might want to summon when denying people such a basic right.

There’s a good chance that people such as Zavodny could make, or cite, good arguments against open borders of the sort that we try to address on this site. Analogous to the bridge that’s just about to collapse, she might argue that open borders would kill the goose that lays the golden eggs. Or she might take a more distinctively citizenist line, something that’d be consistent with her public writing on immigration. She might even come up with new arguments or new variants of existing arguments that give pause to open borders advocates. But even if she is simply relying on arguments made by others, it is important for her to clarify what her particular mix of reasons is.

Whatever her reasons, I think she owes it to the people whose deportation she implicitly and explicitly endorses, and to the people whom she is proposing to shut out, to be more explicit. And the same goes for all people who publicly propose moderate steps, particularly if they style themselves as being morally superior to those who wear their restrictionism on their sleeve.

PS: I think everybody debating a big change such as open borders should ideally lay out their reasoning more carefully. I try to do this myself, and also encourage other open borders proponents to do so. I believe we do a reasonable job, but certainly people have been critical of us for not reasoning carefully enough, and I’d like to continue improving on that front. Moreover, I’m not claiming that just showing one’s work makes one immune to criticism. Those who disagree with us are welcome to dissect and critique our writing (as some have done) and the bloggers here do write detailed critiques of moderates who push back against open borders (as co-blogger Nathan did with Gene Callahan and many of us have done with Tyler Cowen). But I think we should (and do) respect people more who seriously try to grapple with the question “Why not open borders?” interpreted non-rhetorically, even if we have many object-level criticisms to make of their arguments.

PS: My previous post vindictiveness versus indifference in the open borders debate makes many closely related points.

A job thought experiment

Here’s a thought experiment for you. Imagine you’ve been applying for a good job, and the hiring manager calls you in for the final interview. He tells you that there’s only one hurdle left: The interview process has narrowed the contestants down to just you and one other candidate. Your potential boss gives you some information about the other candidate – namely, that you and this mystery person have exactly the same level of qualification, and are willing to work for exactly the same wage; but this mystery candidate has more to lose than you if they don’t get the job (i.e. their bills are higher, or they have more mouths to feed, or they have some illness they need medicine for, whatever), and they’re willing to work without the two weeks’ vacation each year that you demanded.

Then, to make matters worse, your potential boss asks you your final interview question: “Tell me why I should give this job to you instead of the other candidate, given what you know about that person.”

Hard, isn’t it?

Well, let me give you a few potential answers, and you decide what you think about them.

  1. “You should give me the job because I’m male, and this other person is female.” Whoa, sounds pretty bad, huh? In fact, I think we still tar and feather people in our society for that sort of thing. Or at least we should.
  2. “You should give me the job because I’m related to you in some way, and the other person isn’t.” The word for that is nepotism, and it also tends to be frowned upon, in case you hadn’t heard.
  3. “You should give me the job because I’m white, and the other person is non-white.” Uh oh, we’re getting worse, aren’t we?
  4. “You should give me the job because I’m young, and the other person is old.” Ageism doesn’t get as much attention as sexism or racism, but it’s definitely out there and definitely sucks.
  5. “You should give me the job because I’m more attractive than the other person.” Well that one’s just a slap in the face, isn’t it?

Imagine how mad you’d be if you even overheard someone with the cojones to actually say this in an interview! Someone claiming that a mere accident of birth that they had no control over – and for that matter places them in a category of substantial relative privilege – should entitle them (and it’s entitlement they’re claiming, make no mistake) to a job over a person that doesn’t have these purely unintentional qualities, but is equally qualified, harder working, and in greater need of the job would rightly make your blood boil. And if you think that would make you mad, imagine how much angrier you’d be at an employer who actually accepted that rationale and gave the job to this horrible person!

Let’s add one more to the list, shall we?

6. “You should give me the job because I was born in this country, and the other person wasn’t.”

Wait. Wait a minute – that one didn’t raise the hackles on the back of your neck, did it? In fact, the part of you that adapts to your society as a whole found that to be downright reasonable-sounding, didn’t it? Something’s definitely wrong here. Some essential wiring has been installed incorrectly. Say any of the first five things on the list in a job interview and not only can I guarantee you that you won’t get the job, but you’re very likely to start a physical fight with someone that overhears you. But say the sixth thing, and not only does it sound perfectly rational, but you sound like a damned patriot. They elect to public office people who say things like that. Of course, being the rational person that you are, you came through this little thought experiment realizing the truth: That if you can’t rationalize desert based on accidents of birth, then that applies to ALL accidents of birth.

Of course, there’s a sliver of hope here. You see, at one point or another in history, all of points 1 through 5 were considered just as reasonable and just as point 6 is considered by our society today. But bit by bit, through some combination of general societal enlightenment and the tireless efforts of the champions of the downtrodden, those absurd opinions were gradually overturned. There are still some holdouts, of course – there always will be – but thankfully we seem to grow more enlightened each day. And so I’m quite assured that over time (maybe, if I’m lucky, in my own lifetime), I’ll see the end of one of the last great institutionalized prejudices – nationalism.

This post was inspired by the article Waitresses in Saskatchewan lose jobs to foreign workers.