Tag Archives: United States

Do Images of Immigrant Suffering Along the Border Help the Open Borders Cause?

Television footage showing the mistreatment of nonviolent civil rights activists during the 1960s may have greatly benefitted the civil rights movement.  William G. Thomas III of the University of Virginia observes that Historians, commentators, and participants have suggested connections between the media, especially television news, and the course of the civil rights movement. Generally those who consider television news as a powerful force for change refer to the nationally broadcast images of police dogs and fire hoses turned on the demonstrators in Birmingham. They see this moment and other similar ones that followed, such as the violence at the Pettus Bridge in Selma, as key turning points when Americans witnessed violence, repression, and hatred directed at African Americans and began to change their minds about the U. S. South and segregation. According to one activist, shortly after the attack on civil rights marchers in Selma, Alabama by troopers, people arrived from New Jersey and told activists “‘We are here to share with the people of Selma in this struggle for the right to vote.  We have seen on the television screen the violence that took place today, and we’re here to share it with you.’”  Two days after the attack, “… Washington was saturated with telegrams and newspaper editorials condemning the Selma attack and demanding the passage of voting rights legislation… By afternoon the president had issued a statement deploring the brutality, guaranteeing protection for Alabama marchers, and promising expedited legislation.” (from The Civil Rights Movement: A Photographic History, 1954-1968 by Steven Kasher, New York: Abbeville Press, 1996, p. 168)

So how do Americans react when they see government authorities physically stop immigrants who are seeking a better life in the U.S. or when they see other images of immigrant suffering caused by immigration enforcement along the border?  Sympathy for these immigrants could lead to support for open borders, just as media images created support for the civil rights movement.  Unfortunately, open borders advocates shouldn’t rely on images of border apprehensions and other consequences of immigration enforcement to shift public opinion towards favoring open borders.

Denver Post photo on dead bodies in bags

Dead bodies in bags: part of the Denver Post’s photo collection on border deaths

In late March, a group of U.S. senators toured part of the U.S.-Mexico border.  They witnessed “border agents apprehend a woman who had climbed an 18-foot-tall bollard fence” and crossed into the U.S. from Mexico. One might think that being directly exposed to the apprehension, in which an immigrant presumably desperate to enter the U.S. is intercepted by agents, might arouse sympathy for her and discomfort with the apprehension.  Apparently not.  Charles Schumer, one of the senators, had this reaction:  “‘Well, I’d have to know all the details there to give you a judgment,'” Schumer said. “’One of the things we learned is that a lot of people cross the border are doing it for drug purposes, too. But I don’t know what happened in this situation.'” (What he “learned” is contradicted by the remark below by Senator John McCain.) Senator Michael Bennet benignly stated that what he saw was “surprising” and “I just have never seen it before.” Senator John McCain tweeted: “Just witnessed a woman successfully climb an 18-ft bollard fence a few yards from us in Nogales. And Border Patrol successfully apprehended her, but incident is another reminder that threats to our border security are real.”  To Mr. McCain’s credit, he later stated that “One of the sad things about all of this is that most of those people who jump over the fence are doing that because they want a better life… And I understand that. So we separate the drug cartels from individuals or somebody trying to cross over so they improve their lives.”

Like the senators, the American public generally doesn’t seem to be affected by television footage or photographs of immigrant apprehensions or immigrants being sent back to Mexico.  Americans can see footage of apprehensions on television news (this footage was located on news sites and was presumably previously aired on television) and on National Geographic Channel’s “Border Wars” reality series and website.   There are also photos of apprehensions on the sites of major newspapers such as The New York Times and The Los Angeles Times. I could not locate evidence of protests against or public discomfort with these apprehensions.

People have reacted more to instances of mistreatment of immigrants by authorities along the border.  At least one instance of such abuse was caught on tape, which led to a small protest. There are groups that monitor the mistreatment of immigrants along the border, but again there is no widespread public outrage over these incidents. (Mistreatment of immigrants by smugglers is also in part a side effect of immigration enforcement.)

Thousands of immigrants have died over the last two decades from the harsh desert elements while trying to avoid immigration agents. There are some images of the bodies of immigrants who died trying to cross the border illegally. An organization that provides aid to those crossing deserts has been working to highlight this issue, but once more public reaction is muted.

On the other hand, there is some public disapproval of immigration enforcement away from the border.  There have been small protests against the apprehension and deportation of immigrants around the country. In addition, polls show widespread support for legalizing the millions of undocumented already in the U.S., especially for those who entered the U.S. as children. This resistance to internal immigration enforcement seems to reflect in part the personal attachments that Americans and legal residents make with immigrants in their communities, as well as a widespread perception that immigrants are good for America.

What explains America’s general apathy toward immigration enforcement at the border?  Perhaps since apprehensions are not usually violent like the aforementioned civil rights television footage (and violent ones usually go unnoticed) and since cases where immigrants suffer or die from exposure to the elements are usually not captured in videos or photos, they do not viscerally affect audiences. Another explanation may be that, unlike undocumented immigrants who have settled in the U.S., many Americans may perceive immigrants crossing the border illegally as being disconnected from American society.

Even if the public were exposed to more images of immigrants dying or suffering along the border, Fabio Rojas of Indiana University suggests that so long as Americans are convinced that immigration restrictions are acceptable, suffering caused by immigration enforcement will not change Americans’ views about immigration policy. He argues that what is needed to change public opinion on immigration restrictions is “a simple and concise idea that undermines the belief that people from other countries must be forcibly separated from each other. This idea must subtly, but powerfully, undermine the distinctions that make people believe that only citizens have the right to travel and work without impair.”

So for now, images in the media and on the Internet of border apprehensions, violence, and deaths won’t be the ally of open borders advocates that it was for the civil rights movement.  Perhaps public reaction to images of immigration enforcement and its consequences is a barometer of public support for open borders; the more advocates can convince the public of its merits, the more outrage there will be to images of the suffering caused by border enforcement.

Open Borders note: See also John Lee’s post I don’t care about immigration sob stories. This is about justice, not compassion.

Comparing US states by their unauthorised immigrant population

California is a common rhetorical example used to illustrate the harms of immigration (unauthorised or otherwise) in the US. People point to California’s runaway government debt, poor public school system, and rising rates of social disorder/crime as the inevitable consequences of more liberal immigration policies. I thought it might be worth pulling together a 50-state view (plus the District of Columbia) to see what we can generalise from a ranking of jurisdictions by their unauthorised immigrant populations.

The Pew Research Center has provided some estimates of the unauthorised immigrant population by state in 1990 and 2010 (see tables A3 and A4), and I combined these with US Census Data of the population by state to calculate the share of unauthorised immigrants in each state’s population in 1990 and 2010. It was then a simple step to calculate how much the unauthorised immigrant population has grown or shrunk over the intervening 2 decades.

In 1990, these were the top 10 states (and DC) by share of unauthorised immigrants in their population:

  1. California
  2. Texas
  3. District of Columbia
  4. Arizona
  5. Nevada
  6. New York
  7. Florida
  8. Illinois
  9. New Mexico
  10. New Jersey

In 1990 the bottom 10 were:

  1. Tennessee
  2. Wisconsin
  3. Missouri
  4. Mississippi
  5. Indiana
  6. Iowa
  7. South Carolina
  8. Kentucky
  9. Alabama
  10. Ohio

And as of 2010, here are the top 10 states by share of population:

  1. Nevada
  2. California
  3. Texas
  4. New Jersey
  5. Arizona
  6. Maryland
  7. District of Columbia
  8. Florida
  9. Georgia
  10. New Mexico

The bottom 10 are:

  1. South Carolina
  2. Alaska
  3. South Dakota
  4. Missouri
  5. Ohio
  6. Vermont
  7. North Dakota
  8. Montana
  9. Maine
  10. West Virginia

While I’m not sure what life in these United States was like in 1990, I do know that in 2010 I would much prefer to live in any of the top 10 states ranked by the proportion of unauthorised immigrants in their population than I would prefer to live in the bottom 10. (In fact, I almost live in the District of Columbia: it’s literally walking distance from my current home, though to be fair, the parts of DC that are most accessible to me are also the swankiest. I am quite sure I would not have wanted to live in the District in 1990, however.)

Another way to rank the states would be how much their unauthorised immigrant population has grown. Here are the top 10 states ranked according to the absolute percentage point change in their unauthorised immigrant population:

  1. Nevada
  2. New Jersey
  3. Texas
  4. Maryland
  5. Georgia
  6. Arizona
  7. Oregon
  8. North Carolina
  9. New Mexico
  10. Utah

Meanwhile the bottom 10 (the bottom 3 are actually negative, i.e. the proportion of unauthorised immigrants fell over these 20 years):

  1. New Hampshire
  2. Missouri
  3. Wyoming
  4. South Dakota
  5. West Virginia
  6. Maine
  7. Alaska
  8. Montana
  9. North Dakota
  10. Vermont

Again, I would much prefer to live in most any of the top 10 states than I would in the bottom 10. I lived in New Hampshire/Vermont for the first 4 years of my time in the US (I lived actually on the border of those two states) and as beautiful as they are in the autumn, I can’t say they have much to offer otherwise, especially in the depths of winter (though it would also depend on how much you love skiing or other winter sports). Obviously there is cause and effect here: nice states attract more immigrants. But it does seem clear that if unauthorised immigrants “kill the goose that lays the golden egg” by laying waste to the land of these attractive states, it isn’t terribly apparent from these rankings.

There is one way to slice the data that might be more favourable to restrictionist conclusions, though: we can rank states by the percentage change in their unauthorised immigrant population. So Alabama, with 0.12% of its population unlawfully present in 1990 versus 2.5% in 2010 would have a (2.5 – 0.12) / 0.12 = 1920.2% increase. The low base effect means that these rankings are somewhat suspect, but for your benefit, here they are (along with all the other data I used to construct the rankings above):

State/District 1990 % of pop 2010 % of pop %age point change over 20 years % growth over 20 years
Alabama 0.12% 2.50% 2.38% 1920.19%
Iowa 0.18% 2.50% 2.32% 1288.42%
Kentucky 0.14% 1.80% 1.66% 1227.28%
Tennessee 0.21% 2.20% 1.99% 972.98%
Indiana 0.18% 1.80% 1.62% 897.95%
Ohio 0.09% 0.90% 0.81% 876.24%
North Carolina 0.38% 3.50% 3.12% 828.54%
Wisconsin 0.20% 1.80% 1.60% 780.52%
Arkansas 0.21% 1.80% 1.59% 746.22%
South Carolina 0.14% 1.20% 1.06% 736.71%
Mississippi 0.19% 1.60% 1.41% 724.15%
Georgia 0.54% 4.40% 3.86% 714.40%
Nebraska 0.32% 2.40% 2.08% 657.64%
Hawaii 0.45% 3.10% 2.65% 587.10%
Maryland 0.73% 4.60% 3.87% 528.33%
Pennsylvania 0.21% 1.30% 1.09% 517.91%
Connecticut 0.61% 3.40% 2.79% 458.81%
Michigan 0.27% 1.50% 1.23% 457.72%
New Jersey 1.23% 6.20% 4.97% 404.50%
Oregon 0.88% 4.30% 3.42% 388.88%
Minnesota 0.34% 1.60% 1.26% 366.74%
Missouri 0.20% 0.90% 0.70% 360.52%
Utah 0.87% 3.80% 2.93% 336.46%
Oklahoma 0.48% 2.00% 1.52% 319.41%
Washington 0.82% 3.40% 2.58% 313.67%
Delaware 0.75% 3.00% 2.25% 299.70%
Kansas 0.61% 2.40% 1.79% 296.41%
Colorado 0.91% 3.60% 2.69% 295.34%
Louisiana 0.36% 1.40% 1.04% 293.88%
Nevada 2.08% 7.20% 5.12% 246.08%
Virginia 0.81% 2.70% 1.89% 234.22%
New Mexico 1.32% 4.30% 2.98% 225.74%
Rhode Island 1.00% 3.00% 2.00% 201.04%
New Hampshire 0.45% 1.20% 0.75% 166.22%
Massachusetts 0.91% 2.40% 1.49% 162.53%
Texas 2.65% 6.70% 4.05% 152.91%
Arizona 2.46% 6.00% 3.54% 144.36%
Florida 1.85% 4.50% 2.65% 142.59%
Illinois 1.75% 4.10% 2.35% 134.33%
Idaho 0.99% 2.20% 1.21% 121.48%
District of Columbia 2.47% 4.50% 2.03% 82.07%
West Virginia 0.28% 0.50% 0.22% 79.35%
New York 1.95% 3.20% 1.25% 64.49%
South Dakota 0.72% 1.00% 0.28% 39.20%
Wyoming 1.10% 1.50% 0.40% 36.08%
California 5.04% 6.80% 1.76% 34.90%
Maine 0.41% 0.50% 0.09% 22.79%
Alaska 0.91% 1.00% 0.09% 10.01%
Montana 0.63% 0.50% -0.13% -20.09%
North Dakota 0.78% 0.50% -0.28% -36.12%
Vermont 0.89% 0.50% -0.39% -43.72%

One interesting reaction to all these numbers might be that two decades is too little time to truly assess the long-run impact of unauthorised immigration on a state’s economy and society. So we should be looking for states like Nevada, Texas, New Jersey, Maryland, etc. to become “wastelands” like California over the next decade or two (or at least see some pernicious effects such as bankrupt local governments or increasingly horrid public schools). Then again, many of these states were already in the top 10 in 1990, so it’s not all that clear that we shouldn’t be seeing these supposed effects already.

If you have any thoughts or reactions, feel free to share in the comments. I’ve also uploaded the same numbers in Excel spreadsheet format for ease of use. Hopefully these figures can drive some interesting conversation going forward; it’s quite plausible that I or another Open Borders blogger may return to them in the future.

Heritage Immigration Study Fatally Flawed

This post was originally published on the Cato-at-Liberty blog here and is republished with the permission of the author.

There are indications that The Heritage Foundation may soon release an updated version of its 2007 report, “The Fiscal Cost of Low-Skill Immigrants to the U.S. Taxpayer,” by Robert Rector. That 2007 report’s flawed methodology produced a grossly exaggerated cost to federal taxpayers of legalizing unauthorized immigrants while undercounting or discounting their positive tax and economic contributions – greatly affecting the 2007 immigration reform debate.

Before releasing its updated report, I urge the Heritage Foundation to avoid the same serious errors that so undermined Mr. Rector’s 2007 study. Here is a list of some of its major errors:

  1. Count individuals, not households.[1]  Heritage counts household use of government benefits, not individual immigrant use. Many unauthorized immigrants are married to U.S. citizens and have U.S. citizen children who live in the same households. Counting the fiscal costs of those native-born U.S. citizens massively overstates the fiscal costs of immigration. 
  2. Employ dynamic scoring rather than static scoring. [2] Heritage’s report relies on static scoring rather than dynamic scoring, making the same mistake in evaluating the impact of increased immigration on welfare costs that the Joint Committee on Taxation makes when scoring the impact of tax cuts. Instead, Heritage should use dynamic scoring techniques to evaluate the fiscal effects of immigration reform. For example, Heritage should assume that wages and gross domestic product are altered considerably because of immigration policy reforms. In contrast to that economic reality, immigrant wages, gross domestic product, and government welfare programs are unrealistically static in Mr. Rector’s study. His study largely ignores the wage increases experienced by immigrants and their descendants over the course of their working lives, how those wages would alter after legalization, and the huge gains in education amongst the second and third generation of Hispanics.[3] Heritage is devoted to dynamic scoring in other policy areas – it should be so devoted to it here too.[4]
  3. Factor in known indirect fiscal effects.[5]  The consensus among economists is that the economic gains from immigration vastly outweigh the costs.[6] In 2007, Mr. Rector incorrectly noted that, “there is little evidence to suggest that low-skill immigrants increase the incomes of non-immigrants.” Immigrants boost the supply and demand sides of the American economy, increasing productivity through labor and capital market complementarities with a net positive impact on American wages.[7] Heritage should adjust its estimates to take account of the positive spill-overs of low-skilled immigration.
  4. Assume that wages for legalized immigrants would increase – dramatically.[8]  Heritage did not assume large wage gains for unauthorized immigrants after legalization.  In the wake of the 1986 Reagan amnesty, wages for legalized immigrants increased – sometimes by as much as 15 percent – because legal workers are more productive and can command higher wages than illegal workers.  Heritage should adopt similar wage increases to estimate the economic effects of immigration reform if it were to happen today.[9] 
  5. Assume realistic levels of welfare use.[10]  Vast numbers of immigrants will return to their home countries before collecting entitlements,[11] the “chilling effect” whereby immigrants are afraid of using welfare reduces their usage of it, and immigrants use less welfare across the board.[12]  100 native-born adults eligible for Medicaid will cost the taxpayers about $98,000 a year.  A comparable number of poor non-citizen immigrants cost approximately $57,000 a year – a 42 percent lower bill than for natives.  For children, citizens cost $67,000 and non-citizens cost $22,700 a year – a whopping 66 percent lower cost.  Heritage should adjust its estimates of future immigrant welfare use downward. [13] 
  6. Use latest legislation as benchmark.[14]  The current immigration plan, if rumors are to be believed, would stretch a path to citizenship out for 13 years.[15]  Most welfare benefits will be inaccessible until then, so Heritage’s report must take that timeline into account.
  7. Remittances do not decrease long term consumption.[16]  Remittances sent home by immigrants will eventually return to the U.S. economy in the form of increased exports or capital account surpluses.  Heritage should recognize this aspect of economic reality rather than assuming remittances are merely a short-term economic cost.  
  8. Factor in immigration enforcement costs.[17]  Heritage did not compare costs of legalization and guest workers to the costs of the policy status quo or increases in enforcement.  The government spends nearly $18,000 per illegal immigrant apprehension while the economic distortions caused by forcing millions of consumers, renters, and workers out of the U.S. would adversely affect income and profitability.[18]
  9. Use transparent methodology.[19]  Heritage’s methodology should replicate that of the National Research Council’s authoritative and highly praised – even by immigration restrictionists – study entitled The New Americans.[20]  That study is the benchmark against which all efforts at generational fiscal accounting – including Heritage’s 2007 report – are measured.  If Heritage deviates from their methods, it should explain its methodology in a clear and accessible way that states why they altered practice.[21]
  10. Don’t count citizen spouses.[22]  Heritage counted U.S.-born spouses of unauthorized immigrants as fiscal costs.  Counting the net immigrant fiscal impact means counting immigrants and perhaps their children at most,[23] not native-born spouses who would be on the entitlement roles regardless of whether they married an immigrant or a native-born American.
  11. Suggest changes to the welfare state.  Heritage has elsewhere called low-skill migrant workers “a net positive and a leading cause of economic growth”[24] and accurately reported that “[t]he consensus of the vast majority of economists is that the broad economic gains from openness to trade and immigration far outweigh the isolated cases of economic loss.”[25]  Instead of arguing against low-skill immigration, Mr. Rector should instead suggest reforms that would, in the words of Cato’s late Chairman Bill Niskanen, “build a wall around the welfare state, not around the country.”[26]

It is imperative that the economic costs and benefits of increased immigration be studied using proper methods and the most recent data.  A previous report by the Heritage Foundation in 2006 entitled, “The Real Problem with Immigration … and the Real Solution,” by Tim Kane and Kirk Johnson roundly rejected the negative economic assessments of Mr. Rector’s 2007 study.[27]  Not only does Mr. Rector not speak for the broad conservative movement; it appears that economists who have worked for the Heritage Foundation also disagree with Mr. Rector’s conclusions. 

For decades, the Heritage Foundation has been an influential intellectual force in conservative circles.  Its economic analyses have been predicated on consideration of the dynamic effects of policy changes as opposed to static effects.  Unfortunately, Mr. Rector’s past work has not been consistent in this regard, employing the same static scoring conservatives have traditionally distrusted in other policy areas. 

Many conservatives rely on the Heritage Foundation for accurate research about immigration’s impact on the economy.  Before releasing another study assessing the net fiscal impacts of immigration reform, Heritage should correct the errors outlined above to guarantee the most accurate information on this important topic is available.


[1] Rector and Kim, “The Fiscal Cost of Low-Skill Immigrants to the U.S. Taxpayer,” Heritage Special Report, SR-14, May 21, 2007, p. 1.

[2] Rector and Kim, “The Fiscal Cost of Low-Skill Immigrants to the U.S. Taxpayer,” Heritage Special Report, SR-14, May 21, 2007, p. 14.

[3] Fry and Lopez, “Hispanic Student Enrollment Reach New Highs in 2011,” Pew Hispanic research Center, August 20, 2012.

[4] Beach, “It is Time to Include Dynamic Economic Analysis in the Process of Changing Tax Policy,” Heritage Testimony on the Economy, October 6, 2011. 

[5] Rector and Kim, “The Fiscal Cost of Low-Skill Immigrants to the U.S. Taxpayer,” Heritage Special Report, SR-14, May 21, 2007, pp.19-20.

[6] Kane and Johnson, “The Real Problem with Immigration … and the Real Solution,” Heritage Institute Backgrounder, No. 1913, March 1, 2006, pp. 2-3.

[7] Borjas and Katz, “The Evolution of the Mexican-Born Workforce in the United States,” in Mexican Immigration to the United States¸NBER Book, May 2007, Lewis, “Immigrants-Native Substitutability: The Role of Language Ability,” NBER Working Paper 17609, forthcoming in David Card and Stephen Raphael, eds., Ottaviano and Peri, “Rethinking the Effects of Immigration on Wages,” Journal of the European Economic Association, 2012.  Peri and Sparber, “Task Specialization, Immigration, and Wages,” American Economic Journal: Applied Economic, 2009, Peri and Sparber, “Highly-Educated Immigrants and Native Occupational Choice,” Centre for Research and Analysis of Migration Discussion Paper Series No. 13/08, November, 2008.

[8] Rector and Kim, “The Fiscal Cost of Low-Skill Immigrants to the U.S. Taxpayer,” Heritage Special Report, SR-14, May 21, 2007, pp. 19-20.

[9] Amuedo-Dorantes, Bansak, and Raphael, “Gender Differences in the Labor Market: Impact of IRCA,” American Economic Review, 2007, Rivera-Batiz, “Undocumented Workers in the Labor Market: An Analysis of Earnings of Legal and Illegal Mexican Immigrants in the United States,” Journal of Population Economics, 1999, Kossoudji and Cobb-Clark, “IRCA’s Impact on the Occupational Concentration and Mobility of Newly-Legalized Mexican Men,” Journal of Population Economics, 2000, Kossoudji and Cobb-Clark, “Coming Out of the Shadows: Learning about Legal Status and Wages from the Legalized Population,” Journal of Labor Economics, 2002, Baker, “Effects of the 1986 Immigration Reform and Control Act on Crime,” SSRN Working Paper, 2011.

[10] Rector and Kim, “The Fiscal Cost of Low-Skill Immigrants to the U.S. Taxpayer,” Heritage Special Report, SR-14, May 21, 2007, p. 8.

[11] Alden, The Closing of the American Border: Terrorism, Immigration, and Security Since 9/11, New York, NY: HarperCollins Publishers, 2008, p. 74.

[12] Ku and Bruen, “Poor Immigrants Use Public Benefits at a Lower Rate than Poor Native-Born Citizens,” Economic Development Bulletin, Cato Institute, No. 17, March 4, 2013.

[13] See Ku and Bruen, “Poor Immigrants Use Public Benefits at a Lower Rate than Poor Native-Born Citizens,” Economic Development Bulletin, Cato Institute, No. 17, March 4, 2013.

[14] Rector and Kim, “The Fiscal Cost of Low-Skill Immigrants to the U.S. Taxpayer,” Heritage Special Report, SR-14, May 21, 2007, p. 21.

[15] Bennett, “Senators Agree on Path to Legal Status for Illegal Immigrants,” Los Angeles Times, March 11, 2013.

[16] Rector and Kim, “The Fiscal Cost of Low-Skill Immigrants to the U.S. Taxpayer,” Heritage Special Report, SR-14, May 21, 2007, p. 30.

[17] Rector and Kim, “The Fiscal Cost of Low-Skill Immigrants to the U.S. Taxpayer,” Heritage Special Report, SR-14, May 21, 2007, p. 20.

[18] Nowrasteh, “The Economic Case against Arizona’s Immigration Laws,” Cato Institute Policy Analysis, No. 709, September 25, 2012.

[19] Rector and Kim, “The Fiscal Cost of Low-Skill Immigrants to the U.S. Taxpayer,” Heritage Special Report, SR-14, May 21, 2007, pp. 8-9, 23.

[20] This advice is based on praise of those methods by the Center for Immigration Studies, a restrictionist think-tank in Washington, D.C.: Camarota, “The High Cost of Cheap Labor: Illegal Immigration and the Federal Budget,” Center for Immigration Studies, August 2004.

[21] See Smith and Edomnston, eds., The New Americans: Economic, Demographic, and Fiscal Effects of Immigration, Washington, D.C.: National Research Council, 1997.

[22] Rector and Kim, “The Fiscal Cost of Low-Skill Immigrants to the U.S. Taxpayer,” Heritage Special Report, SR-14, May 21, 2007, p. 9.

[23] Kandel, “Fiscal Impacts of the Foreign-Born Population,” CRS, October, 2011, R42053, p. 8.

[24] Kane and Johnson, “The Real Problem with Immigration … and the Real Solution,” Heritage Institute Backgrounder, No. 1913, March 1, 2006, p. 3.

[25] Kane and Johnson, “The Real Problem with Immigration … and the Real Solution,” Heritage Institute Backgrounder, No. 1913, March 1, 2006, p. 3.

[26] Niskanen, “Build a Wall Around the Welfare State, Not Around the Country,” Cato Institute Blog, June 15, 2006.

[27] Kane and Johnson, “The Real Problem with Immigration … and the Real Solution,” Heritage Institute Backgrounder, No. 1913, March 1, 2006.

Tiered Guest Workers — Preliminary Details & Observations

This post was originally published on the Cato-at-Liberty blog here and is republished with the permission of the author.

Union and business negotiators have supposedly reached a deal on the major aspects of the guest worker visa program.  The details have not been released yet and the utility of such a proposal will rest there, but here are some brief observations on the broad strokes released:

  1. Tiered visa program.  The plan appears to create a tiered guest workers visa program based on the state of the economy.  Under the first tier, firms will be allowed to hire 20,000 visas in 2015 that would ratchet up to 75,000 in 2019.  The second tier could then kick in if the economy is growing quickly and unemployment is below a preset threshold, going up to an annual cap of 200,000 per year.  Under a third tier, employers sound like they would be able to hire a large number of guest workers if they are willing to “pay significantly higher wages.”  According to the Mexican Migration Monitor, almost 700,000 unauthorized immigrants entered in 2006, up from 500,000 in 2005.  If the regulations, fees, and wage controls for the third-tier are minimal, this tiered program could reduce unauthorized immigration significantly if the sectors of the economy that employ unauthorized immigrants can apply for them.
  2. Sector limitations.  The construction industry would be limited to no more than 15,000 visas annually.  As I wrote here, housing starts provided a huge incentive for unauthorized immigrants to enter to work in construction or other housing-related sectors of the economy.  Unauthorized immigration collapsed beginning in mid-2006 as housing starts declined precipitously, reducing demand for construction workers.  But with housing starts picking up, unauthorized immigration will increase again too.  15,000 total annual visas is not enough to siphon most unauthorized immigrants seeking construction employment into the legal market.  However, details in the tiered visa system could allow for some wiggle room there.       
  3. Wage controls.  It appears that guest worker wages will be determined from complex formula that considers actual wages paid by employer to similar U.S. workers, industry wage scales, and regional variations in compensation.  Current guest worker visas are similarly regulated with disastrous and expensive results that encourage illegal hiring.  Replacing all of these regulations with a fee is a much simpler, cheaper, and effective way of incentivizing employers to hire Americans first.  Stacking the regulatory deck too much in favor of hiring Americans, even in industries for which there are very few American workers, will just incentivize employers to look in the black market – defeating the purpose of immigration reform.  More enforcement (code for bureaucracy) will either fail to halt that behavior or halt it by destroying large sectors of the economy through regulatory micromanagement.   
  4. Worker mobility.  An unambiguously positive development is that guest workers would be allowed to switch jobs very easily.  Tying guest workers to employers was always a bad policy, one that could lead to employer abuse and justified numerous bureaucrats to intrusively inspect working conditions.  By allowing labor mobility, guest workers can look out for their own conditions and switch jobs when appropriate – obviating expensive bureaucratic oversight of employers and guest workers. 

These preliminary observations are based on broad policy outlines in numerous news stories rather than actual legislation.  I will update these observations as more details are released or the actual plan is published. 

True stories from immigration law: US citizens have no right to be with their spouses

The US legal doctrine of consular nonreviewability leads to over a million people being refused visas every year, with no legal avenue to challenge the consular officer’s decision, no matter how arbitrary, prejudiced, or groundless it may be. But beyond affecting these foreigners’ lives, there are real effects on US citizens too. One effect of racial segregation which social justice discussions often gloss over is how unjust laws oppressed not just the visible immediate victims, but also others, ostensibly privileged, who wished to engage with the oppressed. Such is the case with immigration laws around the world today. US legal precedent is especially enlightening here.

Filipino-Hawaiian lawyer Emmanuel Samonte Tipon last year blogged a useful overview of relevant cases touching on when someone might have legal standing to sue for judicial review of a visa application. Let’s go over them one by one.

  1. Sabataityte v. Powell: Sabataityte was denied a visa because the Warsaw consulate believed she had been previously unlawfully present in the US. She challenged this determination. The courts ruled that regardless of the merits, she had no right to mount such a challenge.
  2. Saavedra Bruno v. Albright: Saavedra was denied a visa, and had another visa revoked, because the US government believed he had previously illicitly trafficked drugs (based on a hit when they searched his name in a database). This was news to Saavedra and his American employer, both of whom sued the government to present the evidence so they could challenge the determination that he was a drug trafficker. The courts ruled that both Saavedra and his American employer had no legal basis to confront the claims against him or challenge the visa refusal.
  3. Hermina Sague v. United States: Sague, a citizen, married Berger, a Frenchman, and applied to permit him to enter the US so they could live together as a family. The government denied Berger a visa, and Sague sued, insisting she had a right as a citizen to live with her husband in the US. The courts ruled that it was impossible to challenge the consular refusal and moreover, based on legal precedent, “there is no constitutional right of a citizen spouse … to have her alien spouse enter the United States.” Perhaps even more perversely, “once an alien has entered our jurisdiction, even illegally, he may only be expelled after proceedings conforming to the traditional standards of fairness encompassed in due process of law. However … ‘an alien on the threshold of initial entry stands on a different footing.'” In other words, if you want due process, you need to enter the US illegally.
  4. Centeno v. Shultz: Centeno, a Filipino citizen, applied for a visa to visit his American family, and was denied. He and Coane, his American brother-in-law, sued to appeal this decision, arguing that the decision was arbitrary and violated Coane’s first amendment rights to engage in discussion with his brother-in-law. (You laugh, but violation of citizens’ first amendment rights is one of the few grounds citizens have to challenge consular officers’ decisions.) The US Court of Appeal essentially laughed Centeno and Coane out of court in a one-page decision.
  5. Patel v. Reno: Patel, a US citizen, applied for visas for his non-citizen wife and children. The government, suspecting Patel had obtained citizenship by fraudulent means, instructed the consulate in Mumbai to place Patel’s application in limbo, where it laid for 8 years. The courts ruled that since no final decision had been made, this visa application was subject to judicial review. Since the application had been in suspended state for 8 years, the courts ordered the consulate to make a final decision on whether to grant the application within 30 days. At the same time, the courts affirmed that not even the Secretary of State had the power to overturn the visa decision once it had been made.
  6. Kleindienst v. Mandel: A seminal case in US immigration law. Mandel was a Belgian Marxist who had travelled to the US many times to speak. In 1969 he applied for a visa and was refused on grounds of his politics. He and the citizens who had invited him to speak sued, citing amongst other factors, the government’s denial of the citizens’ first amendment rights to freedom of speech. The Supreme Court eventually ruled that an infringement of first amendment rights could be grounds for judicial review; broadly, the consular decision on a visa application must have “a facially legitimate and bona fide reason”. Immigration lawyers regard this as a landmark case for immigrant rights, but in reality, the Supreme Court went on to say that allowing Mandel his visa on first amendment grounds risked destroying the doctrine of consular nonreviewability, since by definition virtually all immigration restrictions infringe on citizens’ first amendment rights. The court then held that Mandel was not entitled to judicial review of the consular decision.
  7. Udugampola v. Jacobs: Udugampola, a US citizen, applied for an immigrant visa for her non-citizen father. The government initially approved the petition, but at the consular interview, the officer there denied the visa because he suspected her father of terrorism. Udugampola and her mother (also a legal immigrant to the US) sued the government. The courts ruled that neither Udugampola’s rights as a daughter nor her mother’s rights as a wife were constitutionally-protected in this case, and they had no basis to challenge the consular decision.

A common thread runs through all these: no matter whose interest are at stake, there is virtually no right to question a consular decision, even if it is based on flimsy evidence or is egregiously wrong. Even if it splits up a marriage, the government has absolute totalitarian power. And these are just the cases which get as far as prominent courts in the US. How many thousands of families must there be, lives ruined by immigration law, around the world? How can any self-respecting person in this day and age reconcile the outright disdain immigration law has for our families and communities with modern ideals of liberty and human rights?

The photograph featured at the top of this post is of Mario Chavez embracing his wife Lizeth through the US-Mexico border fence at Playas de Tijuana. The original photograph is copyright David Maung, and was published by Human Rights Watch; a higher-resolution version is available at their website.