Migration and Human Rights (52): Remote Border Controls, Or How to Deal With Poor People On the Move

Many of the poorest people in the world are determined to seek a better life in wealthy countries. The governments and large swats of the populations of those countries react with increasing despair to this stubborn fact, even though the numbers of immigrants aren’t really much higher than they used to be. It’s also not the case that current immigrants create more problems than their predecessors. (On the contrary, welfare consumption, crime rates etc. are lower among immigrants than among natives, and there’s a lot of evidence that natives benefit from immigration).

But then what is causing this despair? I guess it’s got something to do with the perceived failure of Western governments to deal with the “immigration problem”. Whether or not it’s true that there are too many immigrants causing too many problems, many Westerners think it’s true and are dismayed by their governments’ reaction to this supposed fact: people are upset with ineffective policing of the borders (to the extent that some of them have set up private militias to deal with illegal border crossings); they’re upset with the failure of government agencies to send back “illegals” present on the territory; they want but often don’t get harsher immigration laws; they sometimes get but don’t want amnesty etc.

These governments, being democratic, feel the need to respond to popular discontent – even though the actual popularity of the discontent can be questioned. How do they respond? The first thing they do is step up their existing efforts: tightened border security (including walls if necessary), less generous visa and asylum rules etc. Unsurprisingly, this is often unsuccessful if success is defined as a large reduction in the number of illegal – and sometimes also legal – immigrants. Poor people are very determined folks and often find a way around restrictions.

Hence, there’s now a second line of response. Since a few decades now, Western governments have been trying to “externalize” or “extraterritorialize” their immigration restrictions. They also call this policy, somewhat euphemistically, “upstream” or “remote” border control. Western governments have de facto extended their borders. A first step in this second line of response has been the policy of intercepting people on the high sea, outside of the territorial jurisdiction of the states that are the supposed destinations of the people who are intercepted. For example, the US has used force against Haitian refugees outside its territorial waters. And of course this is now the common European practice in the Mediterranean Sea.

The US, Europe but also Australia are moving their border enforcement efforts beyond their national borders into the high sea. But that’s only a first step in the extraterritorialization of immigration control. Immigration restrictions are now being implemented in the territories of countries wherefrom migrants try to reach the West.The policy is to have agreements with the countries of origin and important transit countries. These countries agree to control people departing from or transiting through their territories.

The word “control” can mean different things here: for example police patrols carried out in cooperation with the authorities of Western countries; no-go buffer-zones if the origin or transit countries share a border with the destination countries; destination countries funding detention facilities abroad etc. Cooperation agreements like these aren’t always mutually voluntary. In some cases, Western countries make development funding, visa-allotment and other goodies conditional upon acceptance of said agreements.

Here’s a visual representation of the increasing importance of remote border controls.

This is the outsourcing of immigration control, and I’m sure we’ve only seen the beginning of it. In truly Orwellian style, Western governments use the supposed wellbeing of (potential) migrants as a justification of remote border controls. Better to stop them before they depart for the West than to allow them to put themselves at risk during an often dangerous journey. Better also to stop them than to send them back on the same dangerous journey. As if it’s not the immigration restrictions that make the journey dangerous and that force a good deal of successful immigrants to make the same journey back.

If you believe that immigration restrictions are morally acceptable, then I guess remote borders controls are OK. This type of immigration restriction isn’t necessarily more harmful to potential migrant than more traditional restrictions at the border or in the territory of destination countries. It can indeed be less harmful, sparing a lot of people a lot of trouble and risk. But my point is of course that immigration restrictions are not morally acceptable. If I’m correct, then more restrictions mean more immorality. Why do I think immigration restrictions are not morally acceptable? Because I believe there are good reasons based on human rights to allow people to move across borders, even people who want to move for purely “economic” reasons (meaning that they want to move in order to escape starvation and crippling poverty). I’ve set out these reasons here and won’t repeat them now.

I do realize that I’m occupying a minority position here. Much less controversial is the right of refugees and asylum seekers to move across borders. The Refugee Convention is very clear about the rights of people migrating in order to escape persecution. One of these rights is non-refoulement. This is a principle of international law that forbids the rendering of a victim of persecution to his or her persecutor.

Article 33 of the Convention states:

No Contracting State shall expel or return (“refouler”) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.

Even if you think it’s OK to have remote border controls for economic migrants, the same controls will unavoidably trap some refugees in the countries that want to kill or imprison them. It’s only abroad that they can get a fair hearing of their asylum claims, but this is made impossible by remote border controls. So let’s get rid of it, and not only for the sake of refugees.

More posts in this series here.

Migration and Human Rights (27): The Economic Benefits of Immigration

The prevailing thought in most Western countries is that immigration is a bad thing, and it’s a thought shared by both governments and public opinion. Western countries, it is believed, can only accommodate a limited number of immigrants – a few hand-picked high-skilled ones, some low-skilled ones in very special circumstances for special industries and for a limited amount of time (when local labor can’t or won’t provide), and a few lucky ones who might otherwise face certain death or extreme pain in their country of origin (generously called “asylum seekers”). People merely fleeing the horrors of poverty (“economic migrants”) should think again.

When the numbers of immigrants surpass this threshold, it’s imminent disaster for these proud former rulers of the world with their efficient economies, exemplary political and legal systems and strong moral and religious traditions. Two disasters, to be precise: on the one hand, cultural and religious destruction and, on the other hand, economic destruction. Let’s focus on the latter shall we. (An age-old culture or religion that can’t withstand the onslaught of a few million poverty stricken and low-skilled nannies, builders and factory laborers doesn’t seem to deserve survival).

Immigrants are said to be a burden on social safety nets; and they bring down wages for local workers because they are willing to work for less (especially the illegal immigrants). Never mind that this is completely and utterly wrong.

However, not only are the disadvantages of immigration overstated, the advantages are understated. It turns out that relatively high levels of immigration are beneficial for the receiving economy, at least in the U.S.:

[C]omprehensive immigration reform* would raise wages, increase consumption, create jobs, and generate additional tax revenue. … This is a compelling economic reason to move away from the current “vicious cycle” where enforcement-only policies perpetuate unauthorized migration and exert downward pressure on already low wages, and toward a “virtuous cycle” of worker empowerment in which legal status and labor rights exert upward pressure on wages. …

[L]egalizing the roughly 12 million undocumented immigrants through comprehensive immigration reform as well as making future flows more flexible would grow the economy by $1.5 trillion over 10 years. … [I]n the short term (three years) [it would] generate $4.5 to $5.4 billion in additional tax revenue and consumer spending sufficient to support 750,000 to 900,000 jobs. … Conversely, the deportation prescription that is offered by immigration restrictionists would poison the already anemic U.S. economy by draining $2.5 trillion from the economy over 10 years, even before factoring in the costs to deport 12 million people and permanently seal the border. (source)

And this isn’t just left-wing extremism. Here’s another quote, from a right-wing think-tank:

This study finds that increased enforcement [of immigration law] and reduced low-skilled immigration have a significant negative impact on the income of U.S. households. … A policy that reduces the number of low-skilled immigrant workers by 28.6 percent compared to projected levels would reduce U.S. household welfare by about 0.5 percent, or $80 billion. … In contrast, legalization of low-skilled immigrant workers would yield significant income gains for American workers and households. Legalization would eliminate smugglers’ fees and other costs faced by illegal immigrants. It would also allow immigrants to have higher productivity and create more openings for Americans in higher skilled occupations. The positive impact for U.S. households of legalization under an optimal visa tax would be 1.27 percent of GDP or $180 billion. (source)

* legalization of illegal immigrants combined with visa reform

Much of the economically inspired opposition to immigration is about the wellbeing of local low-skilled workers. These people, the narrative goes, are unable to compete with low-skilled immigrants who ask lower wages, especially if they’re illegal (and don’t have to pay taxes, and their employers don’t have to pay taxes for hiring them). In the best case, this competition pushes down the wages of local people; in the worst case it pushes these people into unemployment.

The studies cited above show that such claims aren’t compatible with the facts: low-skilled local workers actually benefit from low-skilled immigration, especially if this is legal (or legalized) immigration, because it allows them to move to higher skilled positions. It also makes it possible for them to spend less time on low-skilled and non-paid activities that they can outsource, and hence they can spend more time on paid activities, which increases their income. And there’s another way in which the indigenous population – including the less wealthy parts – can benefit from immigration: legalization of immigrants pushes their wages up and increases tax revenues. Higher earning immigrants consume and invest more, which creates higher economic growth that benefits everyone. And the taxes that they pay can be used for social safety nets that also benefit everyone.

There’s actually some data showing that immigration doesn’t push down low-skilled wages.

This chart tracks the average median hourly wage for high school drop outs – the very subgroup that immigrations most pressures – in a variety of states. If, as some claim, high levels of immigration exert relentless downward pressure on unskilled native wages, you’d expect states with large immigrant populations to exhibit very low wages for unskilled workers. That doesn’t appear to be the case. … [E]ven George Borjas, the economist most often used by restrictionists, estimates that under realistic assumptions, the drag immigrants exert on native, unskilled wages is about 4 percent. Given the universe of things screwing over the working man, immigration just ain’t that large a player. (source)

And here are some other data confirming that the effect of immigration on the wages of low-skilled workers is negligible:

California may seem the best place to study the impact of illegal immigration on the prospects of American workers. Hordes of immigrants rushed into the state in the last 25 years, competing for jobs with the least educated among the native population. The wages of high school dropouts in California fell 17 percent from 1980 to 2004. But before concluding that immigrants are undercutting the wages of the least fortunate Americans, perhaps one should consider Ohio. Unlike California, Ohio remains mostly free of illegal immigrants. And what happened to the wages of Ohio’s high school dropouts from 1980 to 2004? They fell 31 percent. (source)