Tag Archives: United States

The Time I Almost Went to Jail Over Immigration Bureaucracy

This is the third in a series of posts by Justin Merrill describing his experiences with immigration law and immigrants. In the first post of the series, Merrill described how, after a summer working in an orchard in the US alongside immigrants from Mexico, Merrill’s own views shifted in the direction of open borders. In the second post, Merrill described how his Japanese wife was denied entry to the United States when she tried entering on a tourist visa, and he therefore ended up moving to Japan to start married life with her. This post decribes his encounters with the Japanese immigration bureaucracy. You can read more posts in our personal anecdote series here.

After Eri was denied entry into the US, we had to decide where we could do to live together. We devised a plan to stay with our friends Phil and Yukako in Iwakuni, Japan while I looked for a job on the Marine Corps Air Station and we looked for our own housing. I arrived on a tourist visa and I needed to get a job before it expired. Even when I was in the Marine Corps, I had never been to this base and this part of Japan was new to me, so I didn’t have any connections. The prospects were slim because the best jobs were only open to people who already had SOFA status (Status of Forces Agreement). SOFA status is a special visa status for US military members and civilians working on the base and their families. Only the most desperate job vacancies would open up to people from off base who didn’t have SOFA status. This is because it costs thousands of dollars to run background checks and apply for SOFA status, so it is cheaper to hire from the existing pool. It was frustrating that there were jobs in finance and supply administration that I was qualified for but couldn’t apply to without SOFA status.

With my visa expiring soon, I applied to the on base day care. It was one of the most difficult jobs on base but our friend Yukako worked there. Since it was the least desired position it had perpetual vacancies open to anyone who could pass the background check. Well, that’s not even true. They hired a Japanese man who spent four years in America “going to college”, but they found out after employing him for at least a year that he had instead served a four year sentence for raping a ten year old girl in the US. They didn’t do a background check on his time in the US until after I complained about his suspicious behavior, but I digress.

With just a couple weeks left on my passport I interviewed for the position as a last resort. A week later on a Friday I was called by human resources and told that I was hired and that my first day was next Tuesday. She explained to me that all new hires start on Tuesdays because they have to attend an all-day orientation class that is offered weekly. I gladly accepted the position and told her that my visa expires Sunday. She said that it wouldn’t be a problem because I was officially hired and I would be considered sponsored. She told me that on Monday I needed to come by the HR office and pick up my new ID and some paperwork that I’d need to take to the Japanese government office in Hiroshima to process my SOFA status.

On Monday, after I stopped by the base, Eri and I took the train to Hiroshima. We knew we arrived at the government offices because there was a long line of thirty or so Filipino bar girls lined up against the wall getting processed for deportation. When it was my turn I went to the window. The attendant told me to wait a moment while she spoke with her supervisor. She returned with her supervisor and two police officers. They told me to follow them into an interrogation room and told Eri to wait outside. They said that I had over-stayed my visa and that I was facing up to six months in jail, thousands of dollars in fines, and being barred from reentry. I explained that this was all a misunderstanding that would be cleared up if they just spoke with human resources on the base. They kept pressuring me, trying to make me feel guilty for something that I had no remorse for. I wasn’t too scared because I had faith that it would get cleared up, but this guy clearly wanted to make an example out of me. If he had gotten his way, it would have been devastating. Eri can’t live in the US and I couldn’t live in Japan. Plus, if I had a criminal record from violating immigration laws I might have a hard time getting residency in a third country.

After almost three hours of interrogation and mostly making me sitting alone, not even allowing me to talk to my wife, they finally let me go without an apology. They said they had cleared things up with my command. I gladly left with my opinion of immigration enforcers at a new low. The Status of Forces Agreement details how US citizens will be treated if there is a violation of the local laws. Because I didn’t officially have SOFA status yet since I was in limbo, maybe I wouldn’t have been protected if Japan wanted to play hard ball?

I was able to stay in Japan and work on base as planned. It only took three months for an ideal job to open up and I got it. Eri and I got our own place off base and started our new lives together. Soon after we moved to Japan, Eri got pregnant and we started her immigration paperwork. We were happy despite the fact that I just got out of the Marine Corps and was hoping to never look back, but now was working as a civilian.

I did a little research for this post and it looks like around the time I almost went to jail in 2006 they were changing the immigration laws in Japan. Visa overstays in Japan are now only punished with deportation and banned for 1-5 years, instead of being jailed and fined, if they turn themselves in. This change in the enforcement has halved the number of illegal immigrants living in Japan since 2006.

To be continued …

Related reading

This section includes links provided by the author but with some editorial expansion.

Japanese immigration enforcement has a history of corruption. See for instance:

  • Japan’s immigration control: Gulag for gaijin, The Economist, January 18, 2012, quotes from Bryan Johnson’s lengthy account of his experience being denied entry into Japan and forced to depart at gunpoint. The original account is here. The beginning of the account is quoted below:

    On my way home to Tokyo after a three-day trip to Seoul, I was planning to spend Christmas with my partner, our two dogs, and her Japanese family. I had flight and hotel reservations for ski trips to Hokkaido and Tohoku, and I was planning—with the help of regional government tourism agencies—to do feature stories to promote foreign tourism to Japan.

    While taking my fingerprints, an immigration officer saw my name on a computer watch list. Without even looking through my passport, where he might find proper stamps for my travels, he marked a paper and gave it to another immigration officer. ”Come with me,” he said, and I did.

    He led me to an open room. Tired after three hours’ sleep overnight in Seoul, I nodded off. Officers woke me up and insisted we do an “interview” in a private room, “for your privacy.” Sensing something amiss, I asked for a witness and a translator, to make sure they couldn’t confuse me with legal jargon in Japanese. An employee of Asiana Airlines came to witness the “interview.”

    The immigration officers provided a translator—hired by immigration. She turned out to be the interpreter from hell. ”Hi, what’s your name?” I asked, introducing myself to her. “I don’t have to tell you anything,” she snapped at me. She was backed up by four uniformed immigration officials.

    Q: “What are the names of the hotels where you stayed in April in the disaster zone? What are the names of people you met in Fukushima?”

    A: “Well, I stayed at many places, I met hundreds of people.”

    Q: “What are their names?”

    A: “Well, there are so many.”

    Q: “You are refusing to answer the question! You must say exactly, in detail.”

    (Before I could answer, next question.)

    Q: “What were you doing in May 2010? Who did you meet then?”

    A: “That was a long time ago. Let me think for a moment.”

    The interpreter butted in: “See, you are refusing to answer. You are lying.”

    The “interpreter”, biased toward her colleagues in the immigration department, intentionally mistranslated my answers, and repeatedly accused me of making unclear statements. I understood enough of their conversation in Japanese to realise she totally got my story wrong.

    Without hesitation, he wrote on a document: “No proof. Entry denied.”

    “But I do have proof,” I said.

    But he refused to acknowledge it. “You must sign here. You cannot refuse.”

  • Japan: Welcome to Japan? by Amnesty International, May 16, 2002, documents Japan’s treatment of those seeking entry, including those with bona fide asylum applications.
  • People seeking to migrate to the US are expected to meet higher bars for “morality” than just avoiding crime. See for instance the concepts of moral turpitude and good moral character. Similar ideas may apply de facto to immigration to other countries. See also the blog post Exposing the fundamentally immoral bedrock of most immigration laws by John Lee, Open Borders: The Case, March 20, 2013.
  • English-language version of the Japanese government’s official description of its immigration laws: here and here.

The photograph of San Quentin prison in California featured at the top of this post was taken by Waldemar Zboralski, and is licensed under the Creative Commons Attribution-Share Alike licence.

Our Wedding and Immigration Disaster

This post is part of a series by Justin Merrill describing his personal experience with immigration and his embrace of open borders. It is part of our ongoing series of posts that are based on personal anecdotes. The first post in the series is here.

I was a senior in high school when terrorists attacked on September 11, 2001. I was at a critical point in deciding what to do after graduation and decided to enlist in the Marine Corps. I went to boot camp one year after 9/11. After I finished my combat and job training, I was sent to my first duty station in Okinawa, Japan. My time in Okinawa was bittersweet because our command was really strict and paternalistic and my office made me work incredibly long hours. But unlike many of my peers, I made an effort to soak up the culture and experience more of the off-base life than just bars. As mentioned in my previous post, I was raised around Japanese exchange students and I also did karate as a kid, so my starting level of Japanese was basic, but higher than most (counting and common phrases).

Eri, my future wife, and I met and started chatting through Yahoo Messenger in 2003. She is from Toyota, Japan (yes, where they make the cars), which is on mainland Japan. Okinawa is a tropical island far to the south, sometimes called the “Hawaii of Japan”. Our relationship was more of a friendly pen pal nature, mostly because there wasn’t any expectation of meeting in the future. I also was opposed to having a serious relationship while in the Marine Corps because I saw how high the strain of military life is on relationships. My tour in Okinawa was only one year and a vacation to visit her wasn’t practical. Eri spoke English well because she was an exchange student in North Carolina for two years and studied English in Australia after graduating from high school. We kept in touch over the years and got to know each other pretty well. After my year in Okinawa, my final duty station was in the Washington, DC area for the remainder of my term. Even though I was raised on the west coast, I liked the DC area so much that I decided to stay there after I got out. I shared an apartment with my newlywed friends and was putting down roots on my terminal leave when Eri told me that she would be visiting her host family that she lived with while in North Carolina. I pointed out that the timing was perfect and that we should meet up. We agreed to spend three weeks together and instantly hit it off. A week after we met we decided to get married. We spent a week in NYC, a first for both of us, during Christmas and New Year’s and bought our wedding rings in the Diamond District. Our families were both very happy for us, but I didn’t want to do a shotgun wedding. I wanted to meet her family first and have the ceremony in Japan, especially since we are both Buddhist and Eri’s mom’s temple offered to perform the ceremony. So we arranged to have receptions in Toyota and Utah for both our families. The wedding was scheduled for February. Eri’s tourist visa would expire soon so she returned to Japan to start planning the wedding and I began looking for a new apartment in DC for us to move in to after the receptions.

Before our wedding, in order for our marriage to be recognized in the States, we had to get a marriage certificate from the US embassy consulate in Osaka, which is pretty far from Toyota. The only day that happened to fit in our busy schedule was Valentine’s Day. We chose against having the wedding on Valentine’s Day because it seemed too cheesy, but our marriage certificate states we were legally wedded on that day. Now we celebrate our anniversary on Feb. 14th and tell people we were “accidentally” married on that day. Only my mom could attend on my side of the family, but our wedding and reception in Japan were great. Her family helped pay for an extravagant celebration and all her friends and family came and supported us. It’s not common to marry a gaijin (foreigner) in Japan. After the wedding we had a honeymoon of sorts and stayed with Eri’s friends, Phil and Yukako, who attended our wedding and who were a couple like us (former Marine husband and Japanese wife). Eri was an exchange student in North Carolina with Yukako and they became best friends; it’s funny they would both marry Marines. Phil was working as a civilian on the Marine Corps Air Base in Iwakuni, which is far to the south. After spending time with them, Eri and I were to fly to Utah to prepare for our reception for my family.

For some reason, I think because I was using a Delta buddy pass, we had to fly on different flights and I arrived a couple days before her. Fortunately I bought ourselves new cell phones and added her to my plan before I left, since we were planning on living in the States. As I was on my way to pick her up in Salt Lake City she texted me that she wouldn’t be arriving and was being taken into custody. She had a layover and her port of entry was Minneapolis, MN. When she went through customs they were suspicious because she had recently visited the States. They searched her luggage and found wedding photos and deduced that she was trying to live in the US. They took her into custody and interrogated her for hours, even playing a good cop/bad cop routine, while I was standing at her terminal, horrified by the nightmare that was beginning. They denied her entry and put a flag on her passport so that she could not reenter the States until we went through the process and got her green card. We later discovered that this was incorrect; she would not be able to enter the country under any condition, something that would have been nice to know before we went through the entire process. Luckily we found a loop hole.

Eri was flown back to Japan through Holland. She spent over three days straight on an airplane without a chance to even shower. With only days until our reception, we were trying frantically on both ends to find a way to get her into the country. She went back to the embassy consulate in Osaka and I was contacting my representative and USCIS. Unfortunately there was nothing they could do. They said there was no discretion on this matter and no way to even allow her to temporarily visit for our reception. This close to the reception it was impossible to cancel. Her parents could attend and it was nice that our families could meet, but it was sad that it was under these circumstances. My mother-in-law served as a substitute bride and cut the cake with me. We made the best of the situation.

The stressful part would be to decide what to do next. Fortunately I wasn’t so rooted that I was able to sell off my belongings, cancel and get a refund on my deposit for our new apartment, and cancel our phone plan. I had to sell my recording studio (I started a record label) and back out of a real estate foreclosure deal that would have earned me $200k, but I couldn’t find a lawyer to be my agent while I was out of the country. I mailed the rest of my belongings to our friends, Phil and Yukako. We devised a plan where I could get a job on base before my tourist visa expires and the base would sponsor my visa and let me stay in Japan. I had to take the first job I could get and move up from there, but it was worth it. Eri and I got our own little house and started our new lives together in Iwakuni, Japan.

We both sacrificed a lot, but we just wanted to be together. We were young and naïve and didn’t even know we were breaking the law. We thought that getting a spouse visa was as simple as applying after you entered on a tourist visa (turns out that’s exactly how I did it in Japan). It’s not like she was intending to overstay her visa. We were so busy planning and traveling that we didn’t properly research and the immigrants I did consult immigrated to the US before 9/11 and their information was out of date. I was shocked how they treated Eri like a criminal or terrorist, she was only twenty years old and didn’t fit the profile. I was also surprised at how the policy overrode common sense. It was actually harder for Eri to enter the country because she was married to me. The immigration policy ended up costing us a lot of money, hardship, and productivity and career opportunities over the years, and I must say it felt unnecessary.

Here’s the next post in the series.

Some related background and links (added by our editorial team)

A United States visa does not guarantee entry into the United States. All it does is allow the holder to travel to the United States and present himself or herself at a port of entry. The officer at the port of entry has discretionary authority to deny admission if the officer suspects immigrant intent or other violations of the terms of the visa.

Nationals of about 50 countries (including Japan, where Eri was from) are eligible to enter the United States for short term business and pleasure trips through the Visa Waiver Program. VWP entries are treated similarly to entries made while on a B1/B2 visa. A person can be denied entry based on the VWP or B1/B2 visa if it transpires that the person intends to transition to a long-term non-immigrant or immigrant status. It is also not generally permissible for somebody in the US on VWP or B1/B2 travel to transition while within the United States to a long-term non-immigrant status (such as F student status or H-1B status) or immigrant status (that Eri would have been eligible for as the wife of a US citizen).

Some related reading on denial at a port of entry:

  • Friend, relative, etc. denied entry to the U.S., U.S. Customs and Border Protection.
  • DHS Traveler Redress Inquiry Program (DHS TRIP), United States Department of Homeland Security.
  • At the U.S. Border or Airport: What to Expect When Entering. Entering the U.S. may not be easy, even with a valid visa in hand. (NOLO.com).
  • A Tale of “Voluntary Departure” from the Comments by Bryan Caplan, EconLog, August 22, 2011, quoting Tim Worstall:

    Having been caught up in the US system once “voluntary departure” is anything but.

    On entering the country on a 10 year, multi-entry, business visa (I owned a small business in the US at the time) immigration officials decided that I should not be allowed to enter.

    I was not allowed legal representation of any kind. I was interviewed and then the notes of the interview were written up afterwards (ie, what the officer remembered he and I had said, not what was actually said).

    I refused to sign such misleading notes. I was told that if I did not I would be deported, my passport declared invalid for travel to the US for the rest of my life.

    So of course I signed and then made my “voluntary departure” which included being held in a cell until the time of my flight, being threatened with being handcuffed while going to the flight and the return of my passport only upon arrival in London.

    My 10 year multi entry visa had of course been cancelled. My attempts to get matters sorted out, so that I could visit my business, were rather hampered by the way that the interview notes which I had signed under duress were taken to be the only valid evidence by the INS (as was) that should be discussed when deciding upon visa status.

    I lost the business and haven’t bothered returning to the country in the more than decade since.

    There is no law, evidence, representation nor even accurate recording of proceedings in such “voluntary departures”. It is entirely at the whim of the agents at the border post. I was actually told by one agent “I’m gonna screw you over”.

    Something of a difference from what’s scrawled over that statue in New York really. And I’m most certainly not the only business person this sort of thing has happened to.

Some other general reading:

UPDATE: Victoria Ferauge, who has previously written a guest post for the site, wrote a post on her personal blog titled A US Immigration Tale commenting on the story:

In the last paragraph of his post I can hear his bitterness at how his wife was treated.

We were young and naïve and didn’t even know we were breaking the law. We thought that getting a spouse visa was as simple as applying after you entered on a tourist visa (turns out that’s exactly how I did it in Japan). It’s not like she was intending to overstay her visa. We were so busy planning and traveling that we didn’t properly research and the immigrants I did consult immigrated to the US before 9/11 and their information was out of date. I was shocked how they treated Eri like a criminal or terrorist, she was only twenty years old and didn’t fit the profile. I was also surprised at how the policy overrode common sense. It was actually harder for Eri to enter the country because she was married to me.

And as I read this I was amazed at how things had changed in just a few short years. Pre-911 my French husband got his Green Card in Seattle. He had landed in the US on one kind of visa and it was just a matter of going down to immigration and filling out the paperwork to get residency status based on his marriage to me, l’américaine. Very simple. No one at immigration so much as blinked twice when we explained what we wanted. The final interview lasted less than 10 minutes. That’s all it took for the very pleasant official to decide that my husband merited a Green Card.

We were just as naive as Merrill and his wife. We took for granted that because we were married, we could choose which country we wanted to live in. And our assumptions proved true at that time.

In this story we can see how a vigorous and punctilious application of immigration law can hurt not only the immigrant but the native citizen as well. Please note that the US not only lost an immigrant, but they forced one of their own into emigrating. Merrill and his wife didn’t get to choose where they wanted to live – they were forced in the direction of the country that would take both of them.

Interestingly enough, that turned out to be Japan – a country that many Americans consider to be unfriendly to immigrants.

Oh, the irony…

UPDATE 2: The post was picked up by MetaFilter and got 34 comments there. Read the MetaFilter thread: my mother-in-law served as a substitute bride.

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.

Just a reminder: here’s the next post in the series.

Overview of the Open Philanthropy Project’s work on migration liberalisation

[A draft of this post was reviewed by Alexander Berger, Program Officer for US Policy at GiveWell, and a number of changes were made to it based on his comments and corrections.]

Charity evaluator GiveWell seeks to identify underfunded charities that can provide clear evidence of positive impact. Making their list of top charities therefore requires that one do good in sufficiently uncomplicated ways, ideally through a straightforward chain of cause and effect. Open borders activism does not fit this description. However, in early 2013, GiveWell (GW) broadened their focus to include less tractable causes through the Open Philanthropy Project, a joint project of GW and the philanthropic foundation Good Ventures (GV). Among a few dozen general causes including criminal justice reform and geoengineering research, “international labor mobility” was put on the agenda no later than in May 2013. This post will give an overview of the work the Open Philanthropy Project (OPP) has done in investigating and funding migration related efforts in the last two years.

A shallow overview of “labor mobility” was posted on GW’s homepage in May 2013. The page credits two specific sources with raising GW and GV researchers’ interest in this cause: Michael Clemens’s article “Economics and Emigration” (the origin of the “double world GDP” estimate), and the conversation that GW and GV staff held with Lant Pritchett in June 2012.

The Open Philanthropy Project’s assessment of free migration as a philanthropic cause

Since the inception of the OPP, the researchers’ stated position has been that labour mobility holds potential for very large gains, mainly in the form of large wage increases for workers who migrate from low-income-countries to high-income-countries. This is in line with Michael Clemens’s argumentation, although the OPP’s position is more guarded in its assessment of the magnitude of the gains, stating little confidence in the output of the relevant models. (Note that Open Borders bloggers have also argued for a lower estimate than Clemens’s.) A back-of-the envelope calculation provided on the GW website nonetheless states that it may be appropriate to consider the “importance” of labor mobility to be in the low trillions of $/year, based on the assumption of 10% as much migration as expected under full liberalisation in the models used by Michael Clemens. Efforts to facilitate legal migration through information sharing and coordination are estimated to hold potential corresponding to hundreds of millions of additional $/year, and the Senate Comprehensive Immigration Reform bill is estimated to represent a plausible US policy path that would carry benefits in the low hundreds of billions of $/year for future migrants (these gains would be realised in 2033 had the bill passed in 2013).

Characteristically concerned with room for more funding, the OPP’s assessment considers the extent to which the cause is already crowded by other philanthropic organisations. Policy work concerned with the treatment of undocumented immigrants in the US and with high-skilled labour for US businesses is seen as very crowded. Crucially, however, the OPP’s globalist humanitarian perspective sets it apart from the vast majority of active philanthropists working on US immigration policy, whose focus seems strongly influenced by citizenism and territorialism: The OPP’s focus is primarily on the interest of the immigrants, not on the interests of US employers in search of labour. And their priority lies with low-skilled immigrants, who have the most to gain from labour mobility. And here, the cause is everything but crowded.

The shallow assessment of labour mobility from May 2013 raises the possibility of important downsides of migration liberalisation as requiring research, and takes no position on this side of the issue. A post published in July 2014 states (citing a conversation with Michael Clemens and announcing a forthcoming writeup of the evidence)

our current understanding is that best evidence suggests that both lower- and higher-skill immigration are net beneficial for current residents, though they have somewhat different distributional effects.

On the 3rd of September 2014, Holden Karnofsky posted a draft writeup on the likely impact of increased immigration on current US residents’ wages, which the OPP had commissioned David Roodman to write, stating

We haven’t yet fully vetted this writeup (something we are planning to do), but we believe it gives a thorough and convincing picture of the literature, and provides some reason to believe that immigration is unlikely to result in substantially lower wages (particularly over the long run) for current residents.

(See also Open Borders’ reference page on the potential suppression of wages of natives.)

As for how highly they have prioritised this cause compared with the other philanthropic causes on their list:

An update on the Open Philanthropy Project posted on the GW blog on 26 September 2013 described “deep investigations” of 7 philanthropic causes as a crucial next step, involving proactive grantmaking. Labour mobility is on top of the list.

A much later post from 29 May 2014 on “Potential U.S. policy focus areas” groups labour mobility together with “macroeconomic policy” under the heading “Ambitious longshots: outstanding importance”, and places “deep investigation” of these two causes on top of the agenda, as investigation into the more time-sensitive “criminal justice reform” was being paused at that point in time.

A new Open Philanthropy Project update on US Policy related causes was posted on 10 March 2015. It states:

Our highest priority is to make a full-time hire for criminal justice reform, factory farming (pending a last bit of cause investigation, focused on the prospects for research on meat alternatives), or macroeconomic policy. Our second-highest priority is to further explore international labor mobility and land use reform, areas that we find conceptually very promising but in which we aren’t currently aware of (multiple promising-seeming) potential grant opportunities, and accordingly aren’t ready to make full-time hires in. These priorities are followed by several issues on which we have a relatively specific idea of what we could fund, and the next steps would be to investigate in much greater depth to decide whether the specific potential grants were worth making.

A spreadsheet linked to from last week’s OPP update explicitly gives “labor mobility” the highest importance out of all OPP causes. (See the  “Importance” column.) Unfortunately, this importance is not reflected by a corresponding number of funding opportunities.

Taking action

Since many of the causes taken on in the Open Philanthropy Project call for policy changes, GW’s and GV’s researchers have investigated expected costs and benefits of policy reform strategies. Vipul has written an Open Borders post about the conversation they’ve held on the topic with Steve Teles, and they have also held two conversations with Mark Schmitt. A series of  blog posts from October and November 2013 outline some general conclusions on policy oriented philanthropy.

As previously mentioned, the “deep investigation” of the causes was to involve proactive grantmaking. A blog post from May 2014 describes how GW’s and GV’s researchers came to adopt this approach:

from observing the behavior of potential grantees and other funders, we came to believe that a funder must be highly prepared (and likely) to make grants in an area in order to find giving opportunities in that area. Many people will only make the relevant referrals, propose relevant ideas, etc. once they are convinced of a philanthropist’s serious interest in providing funding.

The term “Earning to give” is often used in the Effective Altruism community, and I imagine the parallel terminology here is intentional:

“Giving to learn” can mean multiple things. It can mean (a) funding research in order to gain specific knowledge; it can also mean (b) funding a project in order to learn from following the project’s progress. The dynamic laid out in the above bullet points represents perhaps the most counterintuitive meaning: “giving to learn” can mean (c) offering funding in order to learn from the process of finding grantees.

[Update: Alexander Berger tells me the parallelism is not intentional.]

Three grants and one potential top charity

 The Center for Global Development (CGD) was awarded a grant for $1,184,720 over 3 years in March 2014.

This is the nonprofit think tank that employs Michael Clemens. As mentioned above, his publications were important in bringing the issue of labour mobility to GW and GV researchers’ attention.

In the aftermath of the 2010 earthquake in Haiti, Michael Clemens had advocated for making Haiti eligible for access to the H-2 temporary work visa program, as an outstandingly effective form of disaster relief. GW and GV researchers estimate that his efforts contributed significantly to the U.S. government’s decision to accept this proposal.

The grant will fund further research by Michael Clemens on “both marginal and more ambitious” changes to migration policy and its possible role in disaster relief. CGD will further use the grant money to launch a Working Group on Designing and Evaluating Bilateral Low-Skill Labor Mobility Agreements between high and low income countries. A Working Group on Creating a Migration-for Development Unit within the US Government will possibly also be launched.

While GW and GV are unsure of the marginal contribution the grant money will make to the CGD’s productivity in this area, they note that Michael Clemens’s work had very few sources of funding.

Follow-up is a crucial part of the  Open Philanthropy Project’s process. The writeup states that they “expect to have a conversation with Dr. Clemens every 3-6 months for the duration of the grant to learn about the status of his research and advocacy efforts, with public notes if the conversation warrants it.”

Notes on a conversation with Michael Clemens held on 21 January 2015 were published last week. Highlights:

Recently, most of Dr. Clemens’ time has been dedicated to three working groups and one study group:

  • A working group on a bilateral labor agreement between the U.S. and Mexico. This project has been funded by Good Ventures’ grant.

  • A working group on creating a migration and development bureau within the U.S. government. This project has been funded by Good Ventures’ grant.

  • A working group on implementing global skill partnerships. This project is currently stalled, and it is unlikely that CGD will become involved in any global skill partnerships within the next year.

  • The Beyond the Fence study group, focused on the indirect effects of the drug war in the U.S., Mexico and Central America. This group’s work has been fairly light so far.

Some details on the first of those working groups:

The exact output that the working group will produce is itself a subject of discussion. It may decide to produce a document outlining particular features that a practical agreement would require and suggesting research needed. This could build upon current bilateral, interministerial cooperation happening between the U.S. and Mexico.

(…)

A primary goal of this group is to design a better system for pairing migrant workers with employers than the current H-2A temporary agricultural worker program. Employers perceive the H-2A program as an obstacle. The U.S. Department of Labor could potentially create a pilot of a program that is instead a useful service for employers, similar to New Zealand’s Recognized Seasonal Employer Work Policy or the work of CITA Independent Agricultural Workers Center.

The second half of the conversation notes provides a lot of detail on Michael Clemens’s numerous migration related research projects. The last section of the document states:

Dr. Clemens does not have a good metric for determining the influence of his work. His papers are frequently included in course syllabi, and two of his papers in particular, “Economics and Emigration: Trillion-Dollar Bills on the Sidewalk?” and “The Place Premium,” seem to receive significant attention.

The U.S. Association for International Migration and the International Organization for Migration were awarded a grant for $1,490,500 over approximately 14 months in July 2014, for a jointly submitted proposal that will involve three further organisations. Among these is the Center for Global Development, which will conduct an evaluation of the program to assess its impact.

The grant will fund a pilot program to familiarise U.S. employers with Haitian lower skill workers, and ensure the legitimate uptake of available temporary H-2 working visas.

Potential upsides of the project include the continuation of the program after the pilot study, and policy changes in response to the results of the evaluation.

A December update reports that the first phase of this program has gone satisfactorily (one of the initial criteria for disbursing a second tranche of funding was waived, as it was recognised in hindsight as unrealistic), and announces the launch of its second phase.

The same document on the conversation with Michael Clemens on 21 January 2015 as cited above also includes two paragraphs giving further updates on this program:

Sarah Williamson (Protect the People) and her team have not yet finalized the employers who will participate in IOM’s program to bring Haitian workers into the U.S. via the H-2A program. IOM plans to take leaders of Haitian agricultural associations on a “study tour” of American farms, with the hope that farmers will put in orders for Haitian workers after meeting these leaders in person.

CGD is preparing to run a survey to measure the effects of the program. (…)

ImmigrationWorks was awarded a grant for $285,000 in July 2014.

Quotes from the writeup to ponder:

We were not able to find any advocacy organizations dedicated to making the case that more lower-skill workers should be allowed to migrate on humanitarian grounds, and experts generally told us that they felt that there was not a major constituency for such a message. The only groups we were able to find advocating for more lower-skill migrants represent business in some capacity, and they are relatively small or do not focus primarily on lower-skill immigrants (…)

Said groups numbered 3, counting ImmigrationWorks. Further:

our understanding is that ImmigrationWorks is the only one for which lower-skill immigration is the top priority, and that it is much smaller than the others.

ImmigrationWorks’ stated mission is to organise small employers of lower-skill immigrants, and mobilise them to advocate in Washington D.C. and across the U.S.

Their stated principles involve: bringing annual legal intake of foreign workers in line with “the country’s labor needs”, ensuring better enforcement of immigration laws, finding “a way to deal realistically with” existing illegal immigrants (which can be neither amnesty nor deportation, as those are both deemed “unacceptable”), and making sure that immigration policy is handled at the federal level.

The writeup acknowledges a (low) risk that ImmigrationWorks will use the grant to move policy in a direction that GW and GV would consider actively harmful.

Beyond closing the organisations projected funding gap for 2014, the proposed uses for the grant are:

  • Advocacy for immigration reform (…) that includes an ample less-skilled worker visa program, by mobilizing business to advocate to “business-minded Democrats and pro-immigration Republicans.”

  • Public opinion research (…) to try to determine which messages work to persuade people of the need for lower-skill immigrant workers

  • Building consensus around policy (…) with the business community

Conversations with IW founder Tamar Jacoby are expected “every 2-3 months over the course of the year-long grant.” No update has yet been published (which does not mean that no conversations were held, as notes are published only for a minority of conversations).

Migration within national borders

Domestic migration may not be of obvious concern to bloggers devoted to Open Borders, insofar as the obstacles faced by the migrants do not include any political borders. But the work on seasonal migration within low income countries that GW and GV researchers have been following and funding is quite relevant to Open Borders advocacy as well.

Bryan, Chowdhury, and Mobarak have run randomised controlled trials in  Rangpur, “a region of rural Bangladesh that persistently suffers from pre-harvest famines.” The trials were conducted over three years and involved 100 villages. This research finds that providing subsidies for seasonal migration can effectively increase migration and household consumption.

Evidence Action, the organisation that manages the GW Top Charity Deworm the World Initiative, is currently funding a 4,000 household study in northern Bangladesh “to explore further the potential of scaling up a migration subsidy program”.  The OPP has made a $250,000 grant to support this work in March 2014, with the stated aim of supporting the creation of future Top Charities.

A more specific goal of this research is to empirically investigate a number of questions on unintended consequences of migration – some of which are frequently discussed here on Open Borders:

  • Does sending many unskilled laborers to a single city change wages?

  • Does migration influence housing prices at destination cities?

  • What kinds of housing opportunities are migrants finding?

  • Does migration affect food prices in villages of origin?

  • Does migration change gender dynamics (e.g., what changes occur when women are left at home to manage home finances when men migrate)?

  • Are there are any unintended consequences for households who do not send a migrant?

Provided that the results of this research are encouraging with respect to scalability, Evidence Action intend to significantly scale up their seasonal migration support program. We can hope to see a funding proposal later this year.

Conclusion

I am very impressed with the Open Philanthropy Project’s work on labour mobility. It is exciting to read about the specific action undertaken, and I can imagine their sheer demonstration of initiative having considerable power to shift people’s thinking on migration.

The researchers’ careful evaluation both of the importance of the cause of migration liberalisation, and of the amount of effort currently invested in the cause, seem to me to strongly confirm the views generally held on these issues by Open Borders bloggers. To recap some relevant highlights:

  • The OPP come out prioritising the cause of free migration very highly. If other causes are currently prioritised more highly, the stated reason for this is always that they are able to identify more funding opportunities in these other domains. Thus, when it comes to launching additional efforts to further a cause, increasing freedom of migration between low-income and high-income countries seems to be a plausible candidate for “most high impact cause to take on”.
  • The OPP have found no political advocacy group in the U.S. that promotes immigration of low-skilled workers on humanitarian grounds.
  • The OPP have found only three political advocacy groups in the U.S. that promote immigration of low-skilled workers at all, and they all do so with the aim of “advancing the interests of U.S. businesses”.
  • In contrast, there is plenty of philanthropic engagement in immigration-related causes that are consistent with extreme citizenism (bringing in more high-skilled labour to advance U.S. economic interests) and territorialism (defending rights of existing immigrants, but not the right to immigrate).

Related reading

Some related reading from Open Borders: The Case and others:

Borders and Inequality

This is a guest post. Please see the author bio, editorial note, and related reading at the bottom for more context.

Inequality is big news. From Piketty’s bestseller to Oxfam’s reminder to Davos’ economic elites that by 2016, the richest 1% will own more than all the rest of us combined, we are newly concerned with the threat growing inequality poses to global stability. And in seeking to meet what US president Barack Obama has called ‘the defining challenge of our time’, many politicians have claimed that mass immigration is contributing to inequality and poverty at home: that the movement of people leads to lower wages, higher unemployment and greater dependency upon social security and the welfare state among displaced citizens.

Understood in these national terms, if inequality is the problem, the solution would seem to involve less migration and stronger borders. Yet for champions of global justice, the opposite is true. In 2009, the United Nations Development Programme (UNDP) determined that migrants who moved from a low-income to a high-income country saw, on average, a 15-fold increase in income, a doubling of education enrollment rates and a 16-fold reduction in child mortality numbers. Framed like this, migration is no longer contributing to the problem of inequality. In fact, on a global scale, it’s the solution.

So who’s right? Is inequality really a zero-sum game, in which global justice comes at the expense of national equity? Do we have to choose between addressing inequality between citizenships, and inequality between citizens? And if this is the case, what are the implications for the Open Borders movement?

Of course in strict utilitarian terms, if more migration maximizes total benefit at a global level, national effects are secondary. But when it comes to politics, global justice arguments can’t simply trump national ones because – at an almost instinctive level – the vast majority of people would claim that nations – communities – are important, and effects of migration at a local level can’t simply be discounted.

It’s therefore important to recognize that the evidence for many claims made about the injurious effects of immigration upon locals is dubious. In the case of the UK, for instance – where anti-immigration rhetoric has proved popular in recent elections – economic data suggests that the effects of immigration on the labour market are minimal, and that immigrants make an unambiguous net fiscal contribution to the UK treasury, paying in much more in taxes than they take out in benefits. Yet even if the idea that immigration is bad for equality at home doesn’t hold up to close empirical scrutiny, we still need to ask why it continues to hold such sway when it comes to public opinion and political action.

So why do nations matter? Part of it undoubtedly is about culture and belonging. We are none of us ‘unencumbered individuals’, and national cultures play a role in shaping our identities. Yet in practice, national identity is often a chameleon: ask a San Franciscan and an Alabaman what it means to be an American, and the chances are you’d get very different answers. This means ‘national culture’, in and of itself, isn’t a justification for why we need nation-states – let alone why we should restrict migration.

Instead, arguably the most persuasive progressive case for national borders rests upon something more tangible: the promise of equality of opportunity that is a fundamental component of citizenship. In a modern state, that promise is usually articulated through the funding of a whole set of national institutions designed to close this gap – social security, healthcare, education. This is the nation-state not – in David Goodhart’s words – as a ‘mystical attachment’, but the institutional arrangement that can consistently deliver the democratic, welfare and psychological outcomes that ‘most people, when given a choice, seem to want’. Many in favour of tightly restricting migration argue that it’s these institutions that really make national citizenship meaningful. They also insist that such institutions can only function if borders be drawn somewhere, in order to turn a universal but vague commitment to equality of opportunity in principle into a limited but tangible effort to create more equality in practice.

Of course, in practice, equality of opportunity is still a fiction at a national level too. Outcome and opportunity cannot be so easily separated. In 2007, the richest 1% of Americans already owned 35% of the country’s wealth. In the UK, the wealthiest 1% is 215 times wealthier than the poorest 10% of Britons. But for advocates of tighter border controls, this is just further evidence that we should make good on national promises first, before turning to think about the greater challenges we face in tackling global inequality.

And at first glance, this seems reasonable: pragmatism legitimized by the bonds of community. After all, nearly all of us ultimately care more about our family members’ wellbeing than that of our acquaintances, especially when it comes to action rather than sentiment. Arguably, favouring locals over migrants is just an extension of this – a recognition that being part of a national community cements closer ties, so a fellow-citizen’s wellbeing matters more to us than that of a stranger. Follow this argument to its logical conclusion, and we have a justification for a bordered world, carefully tied to the measuring of fiscal contribution and social cohesion.

Yet we should also see the limits of this argument. Rights of inheritance, ‘special’ family bonds, and Old Boys’ Networks entrench a great deal of privilege and power in our communities: look at the political dynasties that sit in Parliaments and Congresses, or the wealthy oligarchs who will their children vast fortunes. “Close ties” have a habit of spilling from protection into nepotism. In other words, acknowledging that borders may protect some of the most vulnerable close to us does not mean that we can ignore the fact that the inequalities between citizenships are often much more acute than the inequalities within our own communities.

For the effects of birthplace upon life chances cannot be overstated. In 2012, the World Bank concluded that ‘more than fifty percent of one’s income depends on the average income of the country where a person lives or was born … a very large chunk of our income will be determined by only one variable, citizenship, that we generally acquire at birth’. Where we are born determines to an enormous extent both how likely it is we are going to need to move, and also how free we will be to do so.

Inequality, then, is largely determined at birth and tied to geography. This means there’s still a powerful moral case for using migration as a means to remedy the arbitrary inequalities of birthplace that we usually conveniently ignore. Norway, for instance, offers much more to all its citizens than Afghanistan can. The West’s citizens cannot possibly claim that the relative riches that derive from our citizenship are fair: they are above all a fortunate accident of birth. When it comes to justifying borders as a means of preserving some equality within – protection for the poorest citizens ­– this needs to be balanced against the risk that such borders aren’t about protection as much as they are about maintaining privilege.

So what does this mean when it comes to thinking about borders and inequality? First, it suggests that ‘protection, not privilege’ is a good maxim around which to build a ‘fair’ migration policy. Our fellow citizens should be protected from harm, the basic promises of the social contract met. However, providing this is done, international migrants should not be locked out. For at that point our interest in maintaining what are essentially inherited privileges – that 50% lifetime birthplace bonus – begins to look pretty selfish. At some point, borders are no longer self-preservation: they’re greed.

Principle, of course, is one thing: practice is another. This line of reasoning has at least two important political implications. First, if borders are to be defended as a protection against inequality, the justification rests first on demonstrating tangible progress in promoting equality between citizens, and then on showing such measures are being helped by restricting immigration. The evidence strongly suggests that states are currently unable to show either of these conditions holding true. In fact, immigration plays a crucial role in underpinning the current institutions and fiscal commitments that are intended to bridge the equality gaps between citizens too.

Second, if more migration is to be justified on the grounds that it helps to reduce global inequality, efforts to relax border controls and open up freedom of movement cannot focus only on the movement of elites: the highly-skilled and the highly-paid. This is directly counter to current policy trends. Increasing numbers of states are selling citizenship to the highest bidder: but in an age of elite hypermobility, fences are also being built to ensure the poor are kept in place.

There is thus a powerful case to be made that when it comes to inequality, the real fight isn’t between migrants and citizens: it’s between the elites and the ordinary. And if equality of opportunity is the end, then greater freedom of movement is one means by which such a goal can be achieved. This means that most immediately, there’s a need to counter the efforts being made to reduce immigration by many states, and to articulate the reasons why efforts at immigration reform in others should not focus only on securing visas for the wealthy, the highly educated, and corporate employees. And in the long-term, perhaps considering an alternative mantra – not “Open Borders”, but “Equal Borders” – might help to underline that if what we’re ultimately interested in is equality, greater freedom of movement is an important means of getting there – for migrants and citizens alike.

Open Borders editorial note: As described on our general blog and comments policies page: “The moral and intellectual responsibility for each blog post also lies with the individual author. Other bloggers are not responsible for the views expressed by any author in any individual blog post, and the views of bloggers expressed in individual blog posts should not be construed as views of the site per se.” The author of this post brings a perspective quite different from, though still overlapping significantly with, the perspectives espoused and discussed on the site.

Author Bio

Katy Long is the author of The Huddled Masses: Immigration and Inequality (Amazon/Thistle: 2014). Katy’s research and writings explore the causes and consequences of migration for migrants, citizens and communities. Katy is a Visiting Scholar at Stanford University  and also teaches for the School of Advanced Study at the University of London.

Since completing her Ph.D. at the University of Cambridge in 2009, she has held faculty positions at the University of Oxford, the London School of Economics and the University of Edinburgh. Her first book, The Point of No Return: Refugees, Rights and Repatriation, was published in 2013 by Oxford University Press. Katy is also the co-editor of The Oxford Handbook of Refugee and Forced Migration Studies (Oxford University Press, 2014).

Katy has also worked extensively with policy-makers including the United Nations High Commission for Refugees, the Norwegian Refugee Council and the Migration Policy Institute. In addition, she is engaged in furthering public understanding and engagement on migration issues, speaking and writing for a number of media outlets including the BBC World Service, ITV Tonight, The Conversation and openDemocracy. Follow Katy on Twitter at @mobilitymuse.

Related Open Borders: The Case links

The author of the post brought a different perspective to the issue than that typically espoused in Open Borders: The Case content and blog posts. To minimize disruption to the flow, we didn’t include links to related content from the site in the main post. However, the site does explore some questions related to the content. A brief list of related site content is below. There might be response blog posts by Open Borders: The Case bloggers responding to the author’s points. These links were curated by Open Borders: The Case editors and are not the author’s responsibility.

A Skeptic’s Movement: Open Borders and Mistrust of Authority

Open Borders is a skeptic’s movement. Advocates claim that one of the world’s most important, and fairly popular, public policies is immoral, inhumane, and inefficient. For some, even the concept of Open Borders is shocking. Aren’t governments supposed to control borders? Won’t Open Borders lead to chaos and disorder?

Open Borders is not the only movement to rely on mistrust of the state. For example, privacy advocates are concerned about the abuse of surveillance by law enforcement agencies. Not only should we be concerned that state officials might use surveillance for personal goals (tracking an ex-girlfriend, for example) but we should also be concerned with more systematic abuse. When state officials gain more access to our bank accounts, phone records, and emails, state repression is more likely.

Similarly, the recent anti-police movement in the United States expresses skepticism of government. These activists argue that police can’t be trusted to use force without supervision and that they should face consequences for their actions. While these activists wouldn’t identify themselves as anti-police, they do criticize the current US policy, which is that police officers are rarely sanctioned for use of force because the law makes it extremely difficult for prosecutors to show that police officers were not concerned about their safety.

An important question to consider about the skeptical movements is how Open Borders relates to mistrust in government as expressed by these other movements. To answer this question, it helps to distinguish between short term mistrust created by specific incidents and deeper distrust emerging from a more sustained criticism of policy.

Mistrust Emerging from Short Term Incidents

Sometimes, people become skeptical of government policy because of a specific incident or cluster of incidents. The reactions to the recent deaths of Eric Garner, Tamir Rice, Michael Brown and other young Black men in the United State are examples of mistrust driven by incidents. At the time of this writing, there does not appear to be a whole sale criticism of police or the laws that make it easy for police to commit these acts. Yet, a movement has sprung up that seeks punishment for specific police officers or reform in certain places.

Incident-driven skepticism of government can still be useful for movements. They bring attention to an issue, people provide resources, and so forth. An industrious activist can make the connection to broader issues, but this is often hard. Perhaps the most important outcome of these incidents is to challenge local conditions. The killing of Michael Brown in Ferguson, Missouri might lead to change in that city, even if it does not result in national reform of the police.

For Open Borders, I suggest the following. There are incidents that can erode the public’s views on migration restrictions and they can be useful, but do not expect them to transform the movement. Instead, use them as short term opportunities to build a movement. Use them to bring people together who might not otherwise interact. They can also be used to gather the resources needed for more systematic action. When incidents occur, Open Borders advocates may provide the intellectual heft that can be used to bolster and support a sustained reform effort in specific places.

Cultivating Deeper Skepticism about Migration Control

In general, it is not clear to me that the distrust around issues like mass surveillance or police violence can be immediately tranferred to migration because policy evaluation seems to depend a lot how people bundle issues. Currently, people bundle issues according to political party, which political scientists call “polarization.” I do not think it is wise to turn open borders into a Democratic or Republican issue just to curry favor from people in one party who might be skeptical of police violence (Democrats) or mass surveillance (libertarian leaning Republicans). Thus, unless we turn open borders into, say, a Democratic issue, it would be hard to bring all the “skeptics” together.

What do I suggest instead? I might avoid thinking about mistrust altogether and focus on showing how open borders is not consistent with popular values. This is a strategy of creating wide scale cognitive dissonance. There are many ways to do this. Incidents that create negative impressions of closed borders can be used to bring people together. But so can educational efforts, court cases, and other forms of action. This is more valuable because it is an alliance that exists independently of parties and of specific incidents, which have short term impacts.

One popular value is human rights. Nearly all democratic governments will base their laws on some form of basic human rights. In the US, the constitution focuses on the rights of speech and due process. In other nations, people may have citizenship rights. Regardless, Open Borders activists may erode support for migration controls by simply pointing out that human beings have a right to peacefully move across national borders as they would internal borders. Open Borders is a natural extension of the belief that people should be left to do as they please as long as they do not harm others.

Conclusion

We often see events that bring existing policy into question. The NSA revelations did this for our nation’s security agencies. Recent police shooting have triggered a similar process for local police departments. But these have not yielded wide scale reform and the attention given to these issues can be ephemeral. Instead, open borders is a movement that shouldn’t be attached to one specific issue, but instead to arguments that can hold together a wide group of people outside of the party system.

Related reading

See also all our blog posts tagged open borders advocacy.