Tag Archives: United States

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Anti-Chinese poster

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

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

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

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

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

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

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

We still have much to do

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

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

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

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

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

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

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

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

Snakeheads as high-impact entrepreneurs

I recently read The Snakehead: An Epic Tale of the Chinatown Underworld and the American Dream by Patrick Radden Keefe. The term “snakehead” is used for a person who manages human smuggling operations for people from China (note that “human smuggling” should not be confused with human trafficking). The book is a fascinating, and in some ways disturbing, story of the huge network used to smuggle Chinese people illegally into the United States. I discovered the book when reading up an obituary of Cheng Chui Ping (better known as Sister Ping), one of the most reputed snakeheads.

Sister Ping
Image source: The New Yorker
There is a lot of interesting material in the book, and although its relevance to the basic moral case for migration is fairly limited, it sheds light on many aspects of the realities of the ground. The book’s focus is the complex human smuggling operation of people from China and neighboring areas (but mostly from the northern part of Fujian province in China) to the United States, with most of them ending up in the Chinatown in New York City. But much of what it discusses is relevant to migration in other contexts.

TL; DR

The book paints a poignant picture of the strength of people’s desire to migrate. There is also plenty of material in the book that sheds light on the international refugee system, and in my view it strengthens the case laid out in John’s recent post. The book does a good job of going beyond the simple (albeit mostly correct) narrative of migrants as ordinary, innocent people who simply want a better life for themselves. Rather, it notes how migrants, like the rest of us, care about their own (and their families’) long-term survival and flourishing deeply enough that they can sacrifice their own short-term interest, as well as a number of ethical scruples, in order to make that happen. Arguably, there is a strong selection effect, both for legal and illegal immigration: people who undertake such arduous journeys are the ones with the most to gain and the least to lose, which could tell us something about the sort of people they are. But the basic urges moving them are present in all of us. Many of the people we know would have taken similar decisions under similar circumstances.

Unfortunately, the existing immigration system makes criminals of these migrants, in both senses of the word: it labels the act of unauthorized border-crossing as a crime, and some of the measures that people take to evade detection often involve them committing, or indirectly financing, activities that are criminal in a more objective sense. While the migrants and their facilitators who engage in the latter are in some (albeit not all) cases blameworthy, some part of the blame also falls on those of us who support the existing closed borders system that aims to shutter off such a basic human desire, in full cognizance of the unintended but easily anticipated consequences. (I’ve had a draft post on the ethics of illegal immigration for a while, but it’s not going to be finished any time soon. But you can read my co-blogger Nathan’s take on the subject or our background page on the morality of violating restrictive immigration laws).

#1: Who migrates, how, and why?

The book’s focus is on Cheng Chui Ping (better known as Sister Ping), who owned a modest storefront and restaurant in Chinatown in New York City, but whose main business involved servicing migrants in two ways: facilitating their smuggling into the United States, typically via an intermediate country such as Hong Kong or Thailand, and providing a low-cost service for them to send remittances back home.

The operations managed by Sister Ping, and others with whom she collaborated, were extremely complex. Her money transfer system relied on peer-to-peer movement of money: the person sending money gives it to Sister Ping in New York, and her Chinese counterpart gives the money to her family. Occasionally, she may need to physically transfer some money between her New York City and Fujian operational centers. Banks do the same thing (at least in principle) but bureaucratic and regulatory overhead make them more costly, and moreover, many of Sister Ping’s clients didn’t have bank accounts. Sister Ping’s operation is similar to the Hawala system, an extremely cheap system of money transfer in South Asia, the Middle East, and North Africa.

The people smuggling operation similarly required cooperation from people at different locations. First, people were smuggled from China to a holding country such as Thailand or Hong Kong. Thailand was good for holding because there was a sufficient density of corrupt officers who could be bought to look the other way as people waited en route to the United States. The trip from Thailand to the United States could be undertaken by plane or by ship. Usually, the ships sailed across the Pacific and landed in California. Sometimes, they went via the Indian Ocean, stopping in East Africa or South Africa before setting off across the Atlantic. Since landing directly on the US Coast was tricky, sometimes they would land in one of the Central American countries and then cross by land or by boat.

This operation is pretty nontrivial and involves considerable risk. The money transfer and human smuggling business netted revenues in the billions of dollars annually during their peak, and the gains to the migrants and their families back home were considerably greater.

The smuggling operation was complex and impressive. But more than simply marvel at the ingenuity of the operation, we should note how it often failed people: there were accidents en route that killed people, and often the smuggling operation wasn’t successful. Sometimes people would be caught on arrival. The sad fact is that the closed border system led to much ingenuity, risk, and effort being directed to undoing the damage of closed borders, rather than to moving the world further forward (cf. the parable of the broken window).

The fees for smuggling were high. Even back in the 1980s, smuggling fees could be as high as eighteen thousand dollars. A pretty huge sum. And although the snakeheads like Sister Ping made a profit, the profit margin wasn’t extraordinary: the price was high because the costs and risks were high. So why were migrants willing to pay the fee, and how could they afford it?

The answer to the why is pretty clear: a huge place premium: The pay in Chinatown in New York City, even for somebody doing a menial job and with zero English language skills, was an order of magnitude more than what the person could make in rural Fujian. The male adult of the family could migrate, send remittances home, and work really hard so that his wife and children could enjoy a good standard of living (relative to the other natives) back home. (For more on the network of jobs accessible to these migrants, see this New Yorker piece).

What about the question of how? In short, diaspora dynamics, which in this case literally involves early migrants paying for later migrants. For the most part, smugglers like Sister Ping held migrants who’d just arrived in captivity until their family members and friends within Chinatown had paid the smuggling fee. The migrant was then released and not tracked. He now owed money, but not to Sister Ping, but to his relatives. And that created a stronger incentive system to repay. Either way, Sister Ping didn’t have to track the migrant or worry about what he ended up doing.

But how did the relatives come there in the first place? This is the basic idea of diaspora dynamics: the first few people are unusual in some way: unusually wealthy, unusually enterprising. They either migrated legally or were able to personally finance their unauthorized journey into the United States. Both of these signal some unusualness relative to the reference population they were from. Then they smuggled their relatives in. And they smuggled their relatives in. And so on. This does suggest that, after a few iterations, the selection effects could be somewhat weaker than one might expect a priori.

#2: Non-cooperating countries

A Slate article talks about the importance of spoiler countries and corrupt officials in facilitating the global human smuggling network:

Sister Ping’s operation involved associates in dozens of countries, and corrupt officials in a string of strategic entrepôts. In the early ’90s, she funneled passengers through Bangkok, Thailand, where corrupt airline inspectors turned a blind eye to phony documents. By the late ’90s, she was sending ships full of migrants to the shores of Guatemala, from whence they could proceed overland through Mexico. She didn’t need to worry about the Guatemalan navy. She had them on the payroll.

This was one of the most surprising (and daunting) themes to emerge in my research: If criminal organizations, like multinational corporations, are mobile and opportunistic and can migrate wherever they like, engaging in a kind of jurisdictional arbitrage and seeking out an optimal environment in which to do business, then all it takes is one spoiler country, like Thailand or Guatemala, to render them virtually untouchable. When Sister Ping fled the United States after the Golden Venture incident, she settled in her home village in Fujian Province, where she enjoyed the protection of the Chinese authorities and proceeded to continue running her business for six long years. The FBI knew exactly where she was. But when they asked China to extradite her, Beijing brushed them off.

At least she was confined to China, you might say. But she wasn’t. She traveled all over the world during those years—even, amazingly, to the United States. How? When she was finally arrested in Hong Kong in 2000, she had a passport with her picture and someone else’s name. It was issued by Belize, a classic spoiler country.

Is the existence of spoiler countries a feature or a bug? If you consider the current closed borders system a moral anomaly, then it’s a feature, but if you strongly respect the status quo, it’s a bug. Some might argue countries don’t have the prerogative to be lax about facilitating migration to other countries while strictly enforcing their own migration laws, for that may be hypocritical. I don’t buy that argument. Nonetheless, some of the spoiler countries have relatively lax de facto immigration laws too, in some (albeit not all) senses. Thailand is arguably one such example (more on Thailand in another post).

#3: Sister Ping’s time in China

There is some level of irony in Sister Ping’s relationship with the Chinese government. On the other hand, she lent a helping hand to a large number of people who were escaping political and economic problems created through government policies, including some who were directly persecuted by the government. On that account, we might expect that Chinese government officials would take a negative view of Sister Ping. On the other hand, Sister Ping had helped a lot of people in northern Fujian migrate and become rich, and they had in turn sent back money and enriched their villages back home. This made her a popular figure back home in her region. Even if the government officials’ own feelings for Sister Ping were ambiguous, the people’s love for her made it difficult for the officials to take action against her. It would be a needless risk to their popularity with no upside. But it is ironic that the woman who facilitated so many people from China claiming refuge in the United States spent the latter half of the 1990s seeking refuge in China from the United States regime.

The irony dissipates somewhat by taking a bigger view. People want to be free and comfortable. Free to make choices in their own lives. Free to move elsewhere if those places offer better opportunities. Both the Chinese and the US government have a mixed record when it comes to curtailing those freedoms. The Chinese government’s record is more generally negative: after disastrous experiments with Maoism, the country has liberalized considerably but much progress remains to be made with respect to political and economic freedom. The United States government does a better job in protecting political and economic freedom for people within its territory, but getting in there can be tough (to be fair, the Chinese don’t have a great track record with immigrants either, particularly those from North Korea, who basically have nowhere else to go). Sister Ping and her clients appreciated the United States for its strengths. That’s why she migrated there and helped facilitate her clients’ moves. At the same time, they did not “respect the law” in the cases where it inhibited their basic freedoms. And to the extent that the very flawed Chinese government tolerated Sister Ping, she was happy to seek refuge there.

#4: What motivates people like Sister Ping?

Snakeheads (the people who head the human smuggling operations) differ considerably in their intentions and integrity. But the best among them, such as Sister Ping, seem like upstanding folks. Sister Ping was fairly wealthy. But more than most wealthy people, she had very little opportunity to bask in her wealth. She needed to maintain a very low profile in order to avoid getting noticed by the police, the immigration agencies, and local rival gangsters who might rob her. She generally kept her word to clients. Unlike other snakeheads, she stayed true to her 100% money-back guarantee: in case of a botched operation (even an ultimately successful one) she didn’t charge her clients.

So why did she enter the business? For reasons that, I think, are very similar to the reasons people become entrepreneurs. Ambition, a desire for power, a keen sense for business opportunities, and a desire to have an impact. And a cold, calculating utilitarian ruthlessness. A concern that the balance of her actions was highly positive for her clients, not necessarily that every individual action was beyond reproach. As Keefe (the author of the book I’m drawing on) wrote in The New Yorker:

To the end, Sister Ping remained defiant. Illegal migration is an inherently precarious business. Mattathias Schwartz recently wrote for The New Yorker about the lengths that African migrants will go to wash ashore on the Italian island of Lampedusa, and Jim Dwyer, at the Times, published a heartbreaking piece about the death of a young Ecuadorian girl seeking to reconnect with her parents in the United States. In Sister Ping’s view, the balance of her contributions outweighed the costs. “My life remains valuable,” she insisted, during the sentencing phase of her trial. “It remains valuable.”

In Chinatown, many people seem to agree. Her death was front-page news in New York’s Chinese-language newspapers, with articles describing her “righteousness,” and calling her an “immigration hero.” “Her warmth moved everyone,” a local man who came from her village back in Fujian told the Times.

Over in Silicon Valley, there is a stereotype of the bold entrepreneur who forges ahead bravely, taking risks and not caring for social convention. Perhaps one of the most flamboyant examples of the entrepreneur who’s willing to fight hard, John Galt-style, and doesn’t mind appearing arrogant, is Travis Kalanick, Uber CEO. While some of his business choices are arguably ethically challenged, others seem to be ahead of their time in challenging common but mistaken moral norms (such as the norms against surge pricing). Regardless of the specifics, Kalanick is an impressive entrepreneur: after a decade of working on businesses that failed despite being promising, he didn’t give up, and he got it right the third time with help from a maine business agent. This is a man who perservered and it paid off, for him, and the large number of people whose lives have been improved by Uber.

But the risk-reward ratio faced by Kalanick pales compared to what Sister Ping faced. Kalanick may end up a billionaire if Uber continues to execute well. Sister Ping probably had just as much, or perhaps even more, business sense, but because she chose to operate in an underground business, the opportunities to her were limited in scope. She had to adopt even more unsavory tactics than Kalanick, including outright violence. And even though she acquired money, it was far less than what Kalanick could accumulate, and she had little opportunity to live it out lavishly due to other constraints. When it comes to the risks, there is no comparison. Sister Ping spent the last 14 years of her life in prison. Kalanick will at worst have to pony up money in a lawsuit and shut down Uber, and in the median case will probably do pretty well for himself.

The following passages from the book illustrate Sister Ping’s determination and relentless resourcefulness:

Whenever people asked Occhipinti about Sister Ping, he told a story that he thought demonstrated just how untouchable she had become. Early on, he had gone to see her at the apartment in Knickerbocker Village, on Monroe Street. He’d taken along another investigator and an interpreter. Occhipinti didn’t have much to bust her on, but he made it clear to Sister Ping, through the interpreter, that he was on to her and he would get her eventually. To Occhipinti’s surprise, Sister Ping wasn’t fazed in the slightest. “You don’t have the time to get me,” he remembers her saying. “Or the resources.” He made a note of the meeting, and it ended up in Sister Ping’s file. It became part of her lore within the agency. But what always struck Occhipinti about the exchange wasn’t just the arrogance of it, or the insult, so much as the fact that she was right.

Keefe, Patrick Radden (2009-07-15). The Snakehead: An Epic Tale of the Chinatown Underworld and the American Dream (pp. 55-56). Knopf Doubleday Publishing Group. Kindle Edition.

A segment on Sister Ping’s brief jail stint in the early 1990s (distinct from her end-of-life jail stint starting 2000):

Sister Ping did go to prison, in upstate New York. She hated it […] She no doubt was also troubled by the opportunity costs of remaining in jail. Goldenberg had asked that she be permitted to serve her time in a halfway house in New York, arguing that she should be close to her four children, but also that if she was removed from her base of operations in Chinatown, “she would merely languish and her time would not be used profitably.”

[…]

She could still communicate with Yick Tak and the rest of the family in New York City, and as her lawyer had observed, Sister Ping was eager to use her time profitably. The nature of the alien smuggling business, after all, is that there is a pipeline. It sometimes took months to move people from Fuzhou or Changle to Chinatown, so at any given moment there were numerous people at stations along the way: in Shenzhen or Hong Kong, Guatemala or Belize, Tijuana or California, Vancouver or Toronto. “Sister Ping had to keep working from prison,” Patrick Devine explained. “Because when she went in, there were already dozens of people en route to the U.S.”

Keefe, Patrick Radden (2009-07-15). The Snakehead: An Epic Tale of the Chinatown Underworld and the American Dream (pp. 94-95). Knopf Doubleday Publishing Group. Kindle Edition.

But rather than merely admiring the net benefit that Sister Ping may have given her clients, the more important lesson we should take is that our perverse migration restriction regime made it the case that a business that involved such violence and high risk to life and limb was still one with high social value and a decent personal profit opportunity. How much better would the world be if the need for this kind of innovation was eliminated through a more open regime for legal migration? Sister Ping’s innovative energies could then have been directed to creating additional value rather than merely undoing the damage of immigration restrictions (yes, I know I’m repeating myself here).

Addenda

The book is interesting in two other senses that each deserve their own post.

#1: Writers on the subjects of ethnicity, race, culture, and immigration in the United States often describe Chinese immigrants as a model minority, with Mexican and other Hispanic immigrants being contrasted unfavorably with the Chinese. While the case for Chinese superiority cannot be completely ruled out, this book does a good job of deflating the strongest and most exaggerated forms of the myth. Highly selected people who migrate from China through legal channels, and their children, disproportionately inform elite commentators’ impressions of Chinese immigrants. Illegal immigration and human smuggling from China to the United States suffers many of the same qualitative problems that illegal immigration from Mexico and other Latin American countries does. If the United States had a land border with China and an ocean separating it from Mexico, it’s plausible that Mexicans would be touted as the model minority for Chinese to emulate (note also that the population size difference makes it easier to select highly successful Chinese immigrants). More in this OBAG discussion on Facebook.

#2: There is plenty of discussion in the book about various attempts to game the ambiguous rules for refugee status among Sister Ping’s clients. How morally justified were these attempts to stretch the spirit of the rules? This is a topic that requires a post of its own, but the upshot is that almost inevitably, a close examination of each individual case would make one sympathetic to it, even if it did not fit the narrow framework of political persecution reqired to qualify for refugee status. Chapter 13 of the book talks about the People of the Golden Vision, a movement that arose to release a bunch of people who landed ashore in New York City after the ship smuggling them, called the Golden Venture, ran aground. The chapter describes how ordinary Americans, whose prior views on immigration ranged across the spectrum of mainstream views, came to identify with the story of the immigrants. Once people got to hear the people’s stories and interact with them up close, they were convinced that these people should be granted the opportunity to stay in the United States. This is a topic that deserves a separate blog post, since it offers a blueprint of sorts for successful activism in the migration domain, and also provides insight into how actual contact helps resolve people’s moral contradictions in the direction most consistent with a free migration regime.

#3: The relation between human smuggling and organized crime at different levels is worth exploring. The book discusses the connection between snakeheads and local gang activity in Chinatown, with gangs playing important enforcement functions for snakeheads. This too is a topic worth further exploration in a separate post, in the broader context of understanding the role of crime in both the enforcement and the defiance of migration controls.

Related reading

Junk the international refugee system, and open the borders

Refugee and asylum are hot topics these days, with conflict across the world and criminal violence often forcing people to set off for distant lands in search of a better life. It seems to me that most people arguing this issue operate under two misapprehensions regarding how refugee law works:

  1. They believe that refugees don’t have very particular or special rights to migrate under the law — refugees crossing a border without submitting to inspection is unlawful, and countries don’t have special obligations to accept refugees who set foot on their territory.
  2. They believe that international and domestic law adequately protects the rights of refugees, and that most of the problems to do with refugee and asylum-seeker rights originate from governments failing to adhere to their legal obligations, rather than any fundamental failing of refugee law.

Migrants prepare to cast off the beach at Shimbiro, Somalia, for a perilous journey across the Gulf of Aden to Yemen and beyond. Photo: Alixandra Fazina/Noor
Migrants prepare to cast off the beach at Shimbiro, Somalia, for a perilous journey across the Gulf of Aden to Yemen and beyond.
Photo: Alixandra Fazina/Noor, used in the New Statesman article From Africa to Kent: following in the footsteps of migrants

Remarkably, I’ve encountered people who hold both views. Usually adherents of #1 are people who don’t know much about refugee law, and/or anti-immigration restrictionists, while adherents of #2 are generally mainstream left liberals. But there are certainly some people who appear to hold both sets of beliefs (possibly because they completely misunderstand both how refugee law works and the actual situation refugees face).

It’s actually pretty easy to debunk belief #1 — international law, and the domestic law of most developed countries (the US included) gives anyone fleeing persecution or torture the right to seek and obtain asylum outside their home country, becoming a refugee. You need to do nothing special to enter another country. If you have a legitimate refugee claim, crossing the border without initially obtaining any papers or passing any government inspection is completely legal. (If you think this doesn’t make sense, then consider that it wouldn’t make sense to prevent people from fleeing the Holocaust because their papers at the time weren’t in order.)

After you’ve left your home country and entered the country you’d like to seek asylum in, you must begin the formal process of obtaining refugee status — i.e., you have to start filling out forms and making your case for asylum. In most cases, this means a judge or other government official has to formally rule that you are a legitimate refugee. If they do, then you’re typically scot free and become a legal immigrant under the country’s immigration laws. If the judge rules you’re not a legitimate refugee — maybe the violence you fled wasn’t the right kind of violence — then you’ll be sent home.

Sometimes, you might not want to resettle permanently in the country you initially flee to. In some cases, governments, charities, and/or international bodies will help you migrate elsewhere under a formal refugee resettlement programme. This is usually centrally managed or planned by some large government or intergovernment bureaucracy.

Most countries are reluctant to help refugees resettle; the United Kingdom for example has said it will only resettle 500 refugees from Syria — a country beset by a civil war which has displaced millions of innocents. (“Displaced” of course is an euphemism for “forced millions to leave their home under the threat of murder, rape, or torture”.) As a result, the queues for resettlement are long and few refugees have any serious prospect for being resettled elsewhere — which is why most Syrian refugees are trapped in Jordan, Turkey, and Lebanon.

What I’ve just described is not fanciful or imagined — it’s the international refugee system as codified in international law and the domestic law of many countries. The “illegals” who show up in your waters on rickety boats or cross the desert straddling your border are, in many cases, people with legitimate asylum claims — which makes what they’re doing completely legal. They are no more wrong than a Jew fleeing the Holocaust would have been in trying to get to your country.

Now, it seems funky that I think the belief #2 I described is wrong. This system of refugee management has its flaws like any human creation, but it certainly sounds like it would, if implemented properly and in good faith, enable refugees to migrate away from persecution and violence. The line it draws between refugees and those seeking to migrate for other reasons is perhaps arbitrary, but not unreasonable on the face of it — if we had to pick and choose only one type of migrant for some reason, most of us would probably agree we ought to welcome the person fleeing murder.

But in the real world, it turns out that figuring out which side of this arbitrary line one is on can be difficult. It’s actually unclear, for example, whether child migrants to the US fleeing gang violence in El Salvador (“fleeing gang violence” here being an euphemism for “running away from people who’ve threatened to rape and then kill them”) actually legally qualify for refugee status. Even if they don’t, they arguably qualify for other protective status of some kind offered by US immigration law, but this is hardly a well-settled legal issue.

Some refugee advocates think the US government should offer special parole to these Latin American migrants, since they don’t fit any typical legal category of refugee. Others, like the UN and even the president of Honduras, argue that although they might not meet the technical definition of refugee, these people certainly fit the spirit and intention of refugee law, and should be classified as such.

Putting aside the thorny issue of child asylum-seekers for the moment, let’s reflect on the ludicrousness of the fact that most countries will not permit anyone claiming refugee status to actually legally travel there. If you enter irregularly, you can fully assert your legal right to stay — but it is illegal for you to travel in order to assert this legal right of asylum!

Say you want to fly from Guatemala to the US, or from Syria to the US, you need a visa. If you can’t prove you have the legal right to travel to the US, no airline or shipping company will issue you a ticket. Since almost all refugees can’t prove they have this right — thanks to the legal system requiring you to be present on the country’s territory to assert your asylum claim — almost all refugees and asylum-seekers are compelled to enter via irregular means, and seek out the aid of smugglers.

The refugees or migrants undertaking an arduous and dangerous journey from Somalia to Italy or Guatemala to the US do so not because they are criminals who have to resort to illegal means by virtue of their own evil — they do so because there is no legal way for them to travel to the US. Some refugees and asylum-seekers resort to other types of crime to travel in search of safety — I have heard stories of Tamil refugees from Sri Lanka flying to Western countries by faking fraudulent tourist or immigrant visas in their passports. After boarding their flight using this false documentation, they destroy the fraudulent documents, and claim asylum upon landing. This sort of fraud or human smuggling is just the perfectly-foreseeable and indefensible outcome of a legal system which criminalises the ordinary travel of people who already have the legal right to migrate.

Worse still, any good faith implementation of this legal system still must grapple with the problem of differentiating legitimate refugees from mere “economic migrants” or people seeking to reunite with family. Since international refugee law is silent about the rights of non-refugee migrants, even countries following this legal system in good faith feel free to persecute economic migrants. So if, say, the US government takes measures to deter Latin Americans from coming, this will inevitably discourage not just economic migrants. This will also discourage those who already have the legal right to migrate from exercising those legal rights accorded to them under US and international law. And there’s nothing wrong with this under refugee law, because state violence and coercion of economic migrants is perfectly fine.

To put the implications here in more concrete terms, ostensibly civilised developed countries really do try hard to intercept migrants — almost indiscriminately — before they reach their soil. If you can keep a potential asylum-seeker from touching land, then you can prevent them from ever asserting an asylum claim in the first place — even if they would be completely entitled to do so under your country’s laws. The international refugee system creates a perverse incentive to try very hard to keep refugees from coming, by offering this as a legal channel to stop them. And while states can certainly go overboard in taking harsh measures here, virtually all of them can find some ostensibly good-faith justification for doing so. After all, they aren’t intercepting these migrants for the sake of punishing refugees — they just want to stop economic migration!

This is exactly why Australia tries very hard, for example, to intercept migrants before they reach its waters, and to “process” any asylum claims offshore in countries like Nauru. While what they are doing might run afoul of the spirit of the law, Australia claims to be abiding by the exact letter of international and domestic refugee law. Similarly, the coast guards of European states like Greece and Italy often work to intercept migrants’ boats before they enter their waters — and if these boats do enter their waters, it is not unheard of for the coast guard to actually tow them back out. Such tows or “pushbacks” are actually illegal under refugee law, but there is nothing to prevent the coast guard from doing this, and there’s a very strong incentive to keep these people from touching land and asserting any claims of asylum.

Finally, the international refugee system in at least one important respect appears to be a figleaf for rich countries to disguise how they foist the responsibility for dealing with refugees onto poorer countries. Consider the present Syrian refugee crisis: millions of Syrians have been forced to flee their homes. Many of them live in camps in Syria. Hundreds of thousands, if not millions, more have fled to Turkey, Lebanon, or Jordan, and become refugees there.

Under refugee law, these people are now trapped in the country they’ve initially claimed asylum in. The governments of Turkey, Lebanon, and Jordan aren’t trying to gas them to death like Bashar Assad is, nor are they trying to oppress them in the way the Islamic State is presently doing in parts of Iraq and Syria. So these people have no legal way to leave the countries they initially flee to — and Turkey, Lebanon, and Jordan just have to deal with these populations.

In theory, the UN and various governments would work together to help resettle these refugees elsewhere in the world, so they don’t just burden the countries immediately next to the calamity that caused them to flee. In practice, rich countries like the UK agree to take a couple hundred refugees and call it a day.

People claim that taking refugees would overwhelm their countries. People from the West and other richer countries (like my own, Malaysia) can give all sorts of great excuses for why they cannot take in more than a few hundred refugees. But Turkey, Jordan, and Lebanon had no choice but to take in hundreds of thousands of refugees — this was and is their obligation under international law. Short of the conflict ending, there is no way for these migrants to leave. If a refugee living in Jordan or Turkey tries to migrate elsewhere, they can be legally rejected and treated as a mere “illegal” — they’re just “economic migrants”, not real “refugees”, since the governments of Jordan and Turkey don’t actually try to kill these people.

I won’t argue that these countries are perfect, or that they’ve been perfectly able to cope with these inflows, but it’s plain as day that these refugee flows have not caused a humanitarian disaster to befall the nationals of these countries. I don’t see masses of Turks, Jordanians, or Lebanese starving or going without shelter because of resources diverted to caring for Syrian refugees. If these poor and relatively small countries can cope with hundreds of thousands of refugees, it is frankly absurd that far richer and larger countries like Australia, Canada, the US, or the UK — or even Malaysia — can only cope with taking in a few hundred. Yet this absurdity is exactly what the international refugee system would recommend.

The international refugee system was meant to protect the rights of refugees to seek refuge from violence. Yet the outcome has been something quite plainly different. People seeking asylum from countries like Syria or Afghanistan who are caught by Australia and “processed” offshore live in detention camps where the conditions are so terrible that they often wish they’d never come — which is likely the desired effect from the Australian government’s point of view. Children fleeing threats of rape or murder from places like Honduras are now at risk of being deported back to face their assailants, simply because they might not technically be refugees. Governments pursue harsh measures to deter channels for migration, in the name of “legitimately” excluding economic migrants, even if these harsh measures force legitimate refugees to undertake arduous and dangerous journeys which leave them at the mercy of illicit smugglers and violent criminals.

Now, of course, you could argue that it’s only “fair” to take some measures to deter economic migration, even if harming a few refugees is the resulting collateral damage. Refugee advocate Sonia Nazario vehemently demands the deportation of economic migrants. The operative assumption seems to be that these migrants aren’t fleeing “real” danger or suffering.

I’ll let journalist Stephan Faris field this one, from his book Homelands: The Case for Open Immigration:

Life expectancy in [Nigeria] is 52 years, the 17th lowest in the world, compared with 79 years in the United States and 83 years in Italy. Out of every eight children born in the country, one dies before his or her fifth birthday. Only three out of every five adults are able to read and write. The chance a woman will die as a result of childbirth is better than 1 in 30.

If those numbers were a result of government persecution—if a state were intentionally targeting a specific ethnic group, cutting thirty years off the lives of its members, depriving 40 percent of them of an education, and poisoning and killing one child in eight and one mother in thirty—there would be little question that those who managed to escape were deserving of safety and protection.

And yet, if a Nigerian requests asylum in Europe or the United States, he or she faces an uphill battle. For the vast majority of Nigeria’s young and able, the legal routes of travel to safety and a better life, to places where women can give birth without worrying about dying or losing a child, have been securely barred.

The modern refugee system at its heart is incapable of assisting many fleeing truly horrific danger and suffering.

If a murderous dictator wants to murder your child, and you’re willing to pay thousands of dollars to smugglers who specialise in human trafficking via life-threatening desert or sea routes so your child can make it to Western soil, you might be able to make a claim of asylum and save his or her life.

But if your child dies from diarrhea because his parents were forced to live in a country with terrible health infrastructure and a poor medical system, then that’s totally fair. Any attempt you might have made to bring him to a country where doctors actually know how to treat diarrhea would have been mere “economic migration” — an unlawful act!

Development economist Lant Pritchett captures the absurdity well in his book Let Their People Come:

Amartya Sen has popularized the notion of “missing women” in Asia due to differential death rates and (increasingly) sex-selective abortion. Because the child mortality rate in India is about 100 per 1,000 while it is 8 per 1,000 in the United States, this implies that 92 per 1,000 more Indian children than U.S. children die before age five. This means there are 2.2 million missing Indian children each year. However, while the “missing women” is a standard refrain, I have never heard the term “missing Indians” to describe the results of the child mortality differentials between the rich world and India.

Almost as a perfect reductio ad absurdum, Nicolas Kristof in the New York Times has compared the low mortality rates in the United States to the even lower mortality rates in Singapore to discuss the issue of less than 20,000 missing Americans — with no mention of the issue that is smaller by orders of magnitude than the missing people in any poor country.

Nothing about the modern refugee system makes sense. The way I see it, we have two choices. Either we can accept that, as much as we wish otherwise, we are little better than the governments of World War II who chose to let people fleeing violence die and suffer, in the name of “national defence” and “sovereign borders”. Or we can accept that every human being has the right to pursue a better life, as long as they are willing to pay the price to get there — the price of their ticket, and the price of lodging.

Trying to arbitrarily redefine migration as a privilege accessible only to “legitimate” refugees is no way to protect human rights. Drawing this arbitrary line is merely an excuse for tolerating government oppression of innocent migrants, even the actual refugees among them. If we really care about human rights and the rights of refugees, then we ought to just junk the international refugee system — and open the borders.

Related reading

You might be interested in all our blog posts tagged refugees.

Here are a few posts in particular that might interest you:

Open Borders and the Child Immigrants from Central America

As the arrival on the U.S. border of thousands of minors from Central America has consumed the attention of U.S. politicians and the media, open borders is rarely suggested as a policy option.  One exception is the Libertarian Party, which has issued a strong statement in favor of open borders  for these children, as well as most other would-be immigrants.  Another, noted in a previous post,  is from Ross Douthat of the New York Times: “One answer, consistent and sincere, is that the child migration really shows we need an open border — one that does away with the problems of asylum hearings and deportations, eliminates the need for dangerous journeys across deserts and mountains, and just lets the kids’ relatives save up for a plane ticket.”

As Mr. Douthat suggests, open borders would release the government from spending enormous amounts of money detaining Central American child migrants and adjudicating their cases. (President Obama is requesting billions more for these purposes.) Open borders also would help the child migrants and their families immensely.   Families could be more easily reunited and wouldn’t have to pay thousands of dollars to have their children smuggled into the U.S., and the children wouldn’t be exposed to dangers on their long journey to the border, nor would they have to endure often miserable stays in U.S. detention.  The children also could escape horrendous conditions in their home countries, without the fear that they would be deported back.

Related to the inability to consider the open borders option for these child migrants are references to the situation as a “crisis” (here and here) or a “problem.”  Apprehending, detaining, and adjudicating the children is a self-imposed policy choice Americans have made, and it is this interference with the migration flow that is creating the strain on government resources.  Without this interference, the “crisis” or “problem” wouldn’t exist for the government.  The child migrants would travel safely to the U.S., disperse throughout the country, link up with (or arrive with) family, and start new lives. Some schools may see an increase in their student populations, which would involve some strain and expense for school districts, but eventually the children, like their U.S.-born peers, would become working members of society.  (See here for information on the economic impact of immigration on the receiving country.)

Beyond these self-evident advantages of open borders in addressing the child migration flow, here are three additional thoughts about the flow and the commentary surrounding it.  The first is that given the dire conditions and limited resources for children in Honduras, El Salvador, and Guatemala, the source countries for most of the recent child migration, the U.S. should facilitate their migration, in addition to opening the borders.  Loans could be provided to families or individual children to use for air transportation to the U.S., and once families are working they could begin to repay the loans.  This support could be provided exclusively by private organizations and individuals, but in a previous post on facilitating migration, I noted that the government may be in a better position to help than private entities.  As previously mentioned, this would allow poor families to avoid ground transportation through an often dangerous Mexico.  It also would enable them to quickly escape the violence and poverty endemic in their homelands.  Graphic descriptions of the dystopian conditions in the three aforementioned countries have appeared in recent articles and reports, including the following from the New York Times about conditions in Honduras:

Narco groups and gangs are vying for control over this turf, neighborhood by neighborhood, to gain more foot soldiers for drug sales and distribution, expand their customer base, and make money through extortion in a country left with an especially weak, corrupt government following a 2009 coup… Carlos Baquedano Sánchez, a slender 14-year-old with hair sticking straight up, explained how hard it was to stay away from the cartels.  He lives in a shack made of corrugated tin in a neighborhood in Nueva Suyapa called El Infiernito — Little Hell — and usually doesn’t have anything to eat one out of every three days. He started working in a dump when he was 7, picking out iron or copper to recycle, for $1 or $2 a day.  But bigger boys often beat him to steal his haul, and he quit a year ago when an older man nearly killed him for a coveted car-engine piston.  Now he sells scrap wood.  But all of this was nothing, he says, compared to the relentless pressure to join narco gangs and the constant danger they have brought to his life.  When he was 9, he barely escaped from two narcos who were trying to rape him, while terrified neighbors looked on.  When he was 10, he was pressured to try marijuana and crack. “You’ll feel better. Like you are in the clouds,” a teenager working with a gang told him.  But he resisted.  He has known eight people who were murdered and seen three killed right in front of him. He saw a man shot three years ago and still remembers the plums the man was holding rolling down the street, coated in blood.  Recently he witnessed two teenage hit men shooting a pair of brothers for refusing to hand over the keys and title to their motorcycle. Carlos hit the dirt and prayed. The killers calmly walked down the street. Carlos shrugs. “Now seeing someone dead is nothing.”  He longs to be an engineer or mechanic, but he quit school after sixth grade, too poor and too afraid to attend.  “A lot of kids know what can happen in school. So they leave.”

The New York Times piece adds that “asking for help from the police or the government is not an option in what some consider a failed state. The drugs that pass through Honduras each year are worth more than the country’s entire gross domestic product. Narcos have bought off police officers, politicians and judges. In recent years, four out of five homicides were never investigated.”  (See also here for information on conditions in El Salvador and here for conditions in a number of countries.)

The second idea is that the emphasis that some are putting on ensuring that the child migrants receive due process to determine if they are refugees, while possibly helping some immigrants stay in the U.S., is harmful to the open borders cause.  It helps to legitimize the exclusion of those who are not determined to be refugees. Sonia Nazario, the author of the aforementioned New York Times piece  describing conditions for children in Honduras, urges the creation of refugee centers in the U.S. where the children’s cases can be adjudicated.  She emphasizes the need for officers and judges to be “trained in child-sensitive interviewing techniques” and that children be represented by a lawyer.  However, she doesn’t hesitate to condone deportation for economic child migrants: “Of course, many migrant children come for economic reasons, and not because they fear for their lives.  In those cases, they should quickly be deported if they have at least one parent in their country of origin.”  Similarly, Jana Mason, a United Nations employee, states that “… these children, if they need it, should have access to a process to determine if they’re entitled to refugee protection.  If they’re not, if they don’t meet that definition, we fully understand, then they’re subject to normal U.S. deportation or removal procedures.”  Their implied message is that if the children get a fair examination of their refugee claims, they have been treated fairly, even if they end up being deported.

So what Ms. Nazario and Ms. Mason are saying is that if the only problem Carlos, the previously mentioned 14 year old, has in Honduras is that he only gets to eat two out of every three days and lives in a tin shack, he shouldn’t be allowed to emigrate to the U.S. And some children do want to migrate for economic reasons.  In a recent survey of Salvadoran children who wish to migrate to the U.S., some cite this reason for wanting to migrate.  Referring to children living in the most impoverished areas of the country, the survey’s author writes that “this desire for a better life is hardly surprising, given that many of these children began working in the fields at age 12 or younger and live in large families, often surviving on less than USD $150 a month.”  Ms. Nazario and Ms. Mason also imply children shouldn’t be allowed to migrate if their sole reason is to reunite with family already in the U.S., but again many want to migrate for this reason.  According to the survey of Salvadorans, about half have one or both parents in the U.S., and about one third identify family reunification as a reason for them to migrate.

John has noted that this effort to exclude non-refugee migrants can result in the exclusion of refugees.  Notwithstanding Ms. Nazario and Ms. Mason’s emphasis on a pristine asylum process, the process of identifying who qualifies can be flawed, especially if you consider the history of asylum adjudication.  As I’ve written previously, asylum is very narrowly defined under the law, and it is easy for asylum applicants to not qualify.  Furthermore, when politics intrude, asylum decisions can be tainted.  During the Cold War, asylum seekers from Communist countries were favored over those from non-Communist countries, including El Salvador and Guatemala, according to Bill Frelick and Court Robinson (International Journal of Refugee Law, Vol. 2, 1990)  And the recent arrival of immigrant children has become highly politicized, with “pressure on the president from all sides,” according to The New York Times.  The Times reports that “… administration lawyers have been working to find consistent legal justifications for speeding up the deportations of Central American children at the border…”  In addition, the outcome of an asylum case can depend greatly on who is adjudicating the case.  Finally, as Ms. Nazario suggests, if the U.S. doesn’t make it easier to apply for refugee status in Central America, refugees will still have to make a dangerous journey to the U.S. to even be able to apply for asylum.

The larger point is that it is immoral, with some rare exceptions, to stop people from migrating, regardless of their reason for doing so. There is, as John suggested recently, no justice in “an immigration system which arbitrarily excludes innocent people purely because of their condition of birth…”  Similarly, the group No One is Illegal, which supports open borders, suggests that it is morally impossible to bar some immigrants while allowing others to enter: “… the achievement of fair immigration restrictions — that is the transformation of immigration controls into their opposite — would require a miracle.”  Refugee advocates like Ms. Nazario and Ms. Mason, by emphasizing a distinction between those who deserve to be allowed to immigrate and those who do not, do harm to the effort to achieve the ability of all people to migrate freely.

The third idea is that the U.S. may bear some responsibility for the violent conditions in Central America.  In the case of Guatemala, the U.S. helped overthrow a democratic government in the 1950s, leading to a succession of repressive regimes and a civil war with massive killings of civilians by the government.  While it is difficult to prove causation, this legacy may account for some of the country’s current violence and poverty.  In addition, the U.S. deportation of Central American immigrants in the 1990s apparently has contributed to violent conditions in El Salvador, Honduras, and Guatemala.  Matthew Quirk, writing in The Atlantic six years ago, explained this link:  A small number of Salvadoran immigrants formed the MS-13 gang in Los Angeles in the late 1980s,

but MS-13 didn’t really take off until several years later, in El Salvador, after the U.S. adopted a get-tough policy on crime and immigration and began deporting first thousands, and then tens of thousands, of Central Americans each year, including many gang members.  Introduced into war-ravaged El Salvador, the gang spread quickly among demobilized soldiers and a younger generation accustomed to violence.  Many deportees who had been only loosely affiliated with MS-13 in the U.S. became hard-core members after being stranded in a country they did not know, with only other gang members to rely on… MS-13 and other gangs born in the United States now have 70,000 to 100,000 members in Central America, concentrated mostly in El Salvador, Honduras, and Guatemala.  The murder rate in each of these countries is now higher than that of Colombia, long the murder capital of Latin America.

Finally, the Libertarian Party has pointed out that “… U.S. government policies have caused the conditions that some of these Central American children are fleeing. The War on Drugs has created a huge black market in Latin America, causing increases in gang activity and violent crime.”  (For more information on connections between the drug war and immigration, see here.)  While U.S. contributions to problems in certain countries may not support a case for open borders, it does add another layer of U.S. responsibility for doing what is just for migrants from these countries.

In conclusion, establishing an open borders policy, combined with U.S. facilitation of migration, is the only moral and pragmatic response to the influx of Central American children.  Efforts to aid only a portion of the children in their quest to stay in the U.S. are morally insufficient and help to justify immigration restrictions.