Migration and Human Rights (49): Rights and Non-Rights Based Reasons to Favor Open Borders

It’s fairly easy to make a rights-based case for open borders – or, more realistically, for reduced immigration restrictions: human beings have

All of these rights depend, in some cases, on the possibility to migrate. And there’s no reason to believe that the actionability of these rights stops at the border (maybe the legal actionability stops there, but not the moral one).

Sure, you can have rights-based reasons to limit immigration, but those are relatively weak. People have a right to private property and to exclude others from their property, but it’s a stretch to argue that a nation of people has a “property” right to a territory. It’s also true that people have a right to democratic self-government, but again this is not a good reason to limit immigration (you can allow immigration and refuse to grant immigrants the right to vote, although you probably shouldn’t). What about the right to cultural identity? Relax. A culture that can’t survive the presence of neighbors is probably not worth saving.

The best right-based reason to limit immigration is perhaps freedom of association: although this right can be used to argue in favor of immigration – when a native and an immigrant decide to associate in, for example, a business relationship, then who are we to stop them? – it can also be interpreted as a right to exclude. A right to associate includes the right not to associate with certain people. One can make the case that allowing people to live in a country is a form of association that people who already live there can accept or refuse. However, is a nation really an association? Anti-patriots and cosmopolitans exist, and yet they are not excluded from the nation. Hence, it’s doubtful whether a nation is an association in the relevant sense. If it’s not, then it doesn’t have a right to exclude, at least not a right to exclude that is similar or equal to the right of proper associations.

So, we do have robust rights-based reasons in favor of open borders, but these aren’t the only reasons. Here’s a list of some types of people who normally don’t use rights as the basis for their thinking but who nevertheless have good reasons to favor open borders (or at least reduced immigration restrictions):

  • Hayekians: In most current immigration systems, governments exclude “bad” immigrants and admit “good” ones. E.g. they exclude criminals, terrorists and economic refugees but try to attract high skilled geniuses. However, Hayekians should doubt that governments have the knowhow that is necessary to do this. Better to remove immigration regulations and leave it to the market – i.e. immigrants and their employers – to sort this out. The government should then focus on keeping out the criminals and the terrorist.
  • Christians/Jews/Muslims: The Abrahamic religions remember the Exodus. If some children of God suffer an injustice for the simple reason of living somewhere rather than somewhere else (a present-day example of such an injustice would be the place premium) then the adherents of one of the Abrahamic religions have a moral obligation to rectify this. Charity can be one option, but open borders seem to be a much more effective remedy.
  • Economists: All those who favor GDP growth should favor open borders which could lead to a one-time boost in world GDP by an estimated 50 to 150%.
  • Law-and-order people: The average immigrant is less likely to commit crime than the average native-born person.
  • Socialists/Social-democrats: Left-leaning folks are primarily concerned with the poorest social classes. Hence, they also should favor immigration because there’s evidence that low-skilled native workers may be able to move up the job ladder when low-skilled immigrants arrive (some low-skilled natives will lose the wage competition but can then be compensated by the welfare state to which a lot of migrants contribute through the taxes that they pay).
  • Etc.

More posts in this series are here.

The Causes of Poverty (77): The Lottery of Birth and the Country You Live In

Charles Kenny explains to what extent the country you live in affects your livelihood:

[P]overty in Africa and Asia isn’t the result of something about individual Kenyans and Pakistanis, it is instead something about Kenya and Pakistan. Individuals the world over have the same drives and capacities, but the societies and places in which they live present radically different opportunities to turn that drive into wealth, health, and well-being.

That’s clear from evidence compiled by Princeton economist Orley Ashenfelter for the National Bureau of Economic Research. He looks at the wages earned by staff working at McDonald’s franchises around the world and compares what they earn to the cost of a Big Mac in that same franchise. The Big Mac is a standard product, and the way it is made worldwide is highly standardized. The skill level involved in making it (such as it is) is the same everywhere. And yet McDonald’s employees worldwide earn dramatically different amounts in terms of Big Macs per hour.

In the United States, a McDonald’s employee earns an average of $7.22 an hour, and a Big Mac costs an average of $3.04. So the employee earns 2.4 Big Macs per hour. In India, an employee earns $.46 an hour. The average Indian Big Mac (made of chicken, which is cheaper than beef) costs only $1.29. Still, the employee earns only one-third of a Big Mac for each hour worked. Same job, same skills—and yet Indian workers at McDonald’s earn one-seventh the real hourly wage of a US employee. There’s a huge “place premium” to working in the United States rather than India.

The place premium affects more than just low-end service jobs. Economist Michael Clemens, a colleague of mine at the Center for Global Development, studied a group of Indians working in an India-based international software firm who applied for a temporary work visa to the United States to do the same work in the same firm, just on the other side of the Pacific Ocean. Some of them then won the lottery by which visas were issued, while others lost. The winning workers, who were still in the same firm and still doing the same type of job on the same projects, suddenly saw dramatic differences in their pay.

The ones who moved to the United States started earning double what their colleagues back in India were earning (adjusted for purchasing power). They were earning more not because they were different from the colleagues they left behind—selection was not based on education, talent, or drive but was entirely random. And once they returned to India, they went back to earning pretty much the same as their colleagues who had never left. They briefly earned more in the United States simply because they were in the United States rather than India. (source)

Some more numbers are here, regarding how much more workers in the U.S. make compared to identical workers in developing countries; e.g. Nigerians and Yemenis stand to gain upwards of 10 times as much from moving to the U.S.

The place premium is a strong argument in favor of reducing migration restrictions: it doesn’t seem just that people’s income is determined by the good or bad luck of having been born somewhere, and the use of force to keep people in their country of birth only aggravates the injustice. However, by the same logic we can also argue for a more generous welfare state: it’s not just your country of birth that affects your income. Your parents, social class, genetic endowment, health prospects, looks etc. are also a lottery that affects your income and good fortune.

More posts in this series are here.

Migration and Human Rights (47): A Phenomenology of Borders

Let’s admit it: borders are an illusion. They don’t exist. The things that do exist are border controls, deportations, entry restrictions, visa requirements, border shootings etc. Those things are real enough and often painful for those feeling the brunt. They are facts in the original sense of the word, from the Latin facere, “to do”. They are things that people do to each other.

But none of those things, not even all those things put together, amount to what we think are borders. We believe, erroneously, that borders are separation lines, separating two or more political and geographical spaces, territories, or pieces of the earth. There’s a real physical, even earthly sense of separation that is implied in the border concept. Borders cut up the earth.

But of course they don’t, really. Borders aren’t facts but ideas, and as ideas they are more or less realized, but never completely real. Those who claim to protect the borders – the “front” in frontière – are not protecting a thing but are rather striving for an ideal, an ideal justified in their minds by a variety of other ideals (culture, prosperity, democracy etc.). The separations are merely fragmentary in real life. This is clear from the fact that people routinely cross borders illegally and without permission, as if there’s nothing there, or at least as if there isn’t a clear separation between territories. They may sometimes find that the difficulty of moving increases and then decreases. Even if they are stopped, shot, caught or deported – which often doesn’t happen – they don’t experience a so-called border. They merely experience an obstacle limited in space, not the territory-encompassing and circular separation that a border is claimed to be.

The lack of reality of borders is also evident from their lack of stability. Poland, for instance, ceased to exist completely for some time in its history and its borders fluctuated violently throughout. The Balkans have even given their name to the process of shifting borders. Sweden is perhaps an unexpected example of instability. China has been a series of different China’s throughout history. And here’s France.

In fact, you could pick just about any part of the world and see the same thing. Perhaps because we consume more news than history we tend to see international borders and the shapes of countries as fixed entities. It’s really a big news story when a territory secedes, when countries unify etc. And yet, over a slightly longer time frame, that is normality. You can look at this in two ways:

  • Either this proves the case for strong borders: most of the changes were due to foreign invasions.
  • Or it’s an argument for the lack of importance of borders: after all, if borders change over the course of a few decades, it’s hardly fair to keep people out who didn’t move and who turned from insiders to outsiders through no fault of their own.

My point is that both ways of looking at the reality of borders should retain some validity. If we agree that borders are an idea that can never be realized completely, then the argument is about the degree of realization. Border defenders should realize that there will always be unauthorized cross-border movement because they can’t have their factual separation the way they like it. Defenders of migration, on the other hand, should admit that “open borders” is not the same thing as “no borders”. Even if it’s just an idea, borders merit some attempt at realization. You can allow limitless immigration and yet try to defend the border against invading armies or immigrants intent on terrorist attacks. This way, your country can remain an independent entity – designed by its borders, or better its idea of a border – while opening its borders to immigrants. Also, you can allow limitless immigration and yet give citizenship only to people born within the country. That’s another way to retain your country and allow immigration at the same time. Hence, immigration restrictionists are wrong to claim that an open borders policy destroys the very concept of the border and equals a no borders policy.

More posts in this series are here.

The Causes of Human Rights Violations (47): Globalization

Human history is often viewed as a widening circle of moral concern. In the olden days, the claim goes, people cared only about their siblings and tribe. Then they started to care about their class, their nation, their religious community, their civilization, and ultimately their shared humanity. Cosmopolitanism, or the equal respect for all human beings whatever their affiliation or location, is then the end-state of morality (although some want to go further and include animals or even inanimate objects in the circle of moral concern). This end-state dovetails with human rights concerns because human rights are also the rights of all humans, whatever country, class or culture they belong to.

The widening of moral concern – if it indeed occurred as described – went in tandem with other and more familiar globalization processes, such as increased international trade, integration of different economies, the development of international law, increased communication through the internet, easier transportation, intercultural dialogue, migration etc. And all these different processes interact: communication and transportation foster trade, trade fosters communication, communication widens the circle of moral concern etc.

This story implies that globalization – of any kind – is always or unequivocally beneficial from the point of view of human rights. However, that may not be true. Let’s look at some of the pros and cons of different types of globalization.


  • Increased migration is almost without exception beneficial to the prosperity and freedom of all parties involved, although the migrants obviously benefit most.
  • Intercultural dialogue promotes tolerance and agreement on human rights, and this dialogue is not only fostered by new technologies but also by international trade. Better communication as well makes people care more about what happens in the world and makes it more difficult for oppressive regimes to hide their oppression. In this sense, communication and trade drive the widening circle of moral concern.
  • Economic interdependence between countries creates a self-interested incentive for governments to promote rights and democracy elsewhere in the world and makes it more likely that international law can impose itself over concerns about national sovereignty. Global economic collaboration requires international regulation, and economic regulation can open the door for other types of regulation, including rights regulation. Countries that depend economically on an international institutional and regulatory system, will have a much harder time invoking their sovereignty when faced with accusations of rights violations, since they already lost a huge chunk of their sovereignty due to economic integration.
  • The increasing importance of multinational companies makes it easier for consumers in one part of the world to lobby for corporate responsibility elsewhere in the world.


  • Outsourcing, a commonly cited aspect of globalization, can result in people losing their jobs, and the threat of outsourcing can force people to accept lower wages or inferior labor conditions. And work is a human right.
  • The threat of cheap foreign labor and cheap foreign products can lead to protectionism and immigration restrictions, two major causes of poverty in developing countries.
  • Globalization may erode the welfare state because a large part of the tax base – corporations, financial intermediaries and skilled workers – become internationally mobile and can thereby avoid to pay the taxes that governments need to finance their welfare systems. The tax base can also decrease because governments cut taxes in an effort to maintain the competitiveness of local businesses.
  • The previous three phenomena – outsourcing, labor and product competition and pressure on the welfare state – may not only lead to restrictions on international trade and migration, but can also counteract the widening circle of moral concern: politicians and local businesses can and often do use these threats to stir up xenophobia. A xenophobic public is more likely to vote in favor of trade and immigrations restrictions. On the other hand, there’s some evidence that people’s circle of moral concern is wider in countries that are more affected by globalization.
  • Globalization implies a certain degree of power deflation: states lose power vis-à-vis the market, multinationals, international institutions and each other. This in turn means that decisions affecting the well-being of people are taken by outside forces. Democratic self-government – which is a human right – is then threatened.
  • The interconnectedness of international financial markets increases the likelihood that a local financial or economic crisis spreads to the rest of the world.
  • A higher number of increasingly globalized multinational companies also means a higher risk that some of those threaten indigenous cultures, exploit poor workers etc.

On balance, however, I believe that globalization is good for human rights, even though I can’t quantify the pros and cons.

The Causes of Poverty (66): Immigration Restrictions in Wealthy Countries

It’s intuitively obvious: if you allow more people to migrate to wealthy countries, global poverty rates will come down because people will have more and better labor opportunities. Conversely, immigration restrictions keep poverty levels high. Here‘s a paper that actually tries to measure the effect on poverty of migration restrictions:

[R]ich nation migration barriers impose huge losses on the global economy. This paper … estimates, for the first time to my knowledge, the global poverty implications of those barriers and finds that freeing migration into rich nations would reduce global poverty by at least 40% and as much as 66%. This corroborates the conclusions drawn by others that opening rich nations to freer migration may do more to reduce poverty around the world than any other policy.

Another study finds similar results:

[O]pen borders could yield huge welfare gains: more than $10,000 a year for a randomly selected worker from a less-developed country (including nonmigrants). Another is that these gains are associated with a relatively small reduction in the real wage in developed countries.

More on the impact of immigration on native wages is here and here. A related post on the possible effects of a “brain drain” on poverty rates in migrants’ origin countries is here.

More posts in this series are here.

Migration and Human Rights (42): The Labor Cost Argument Against Open Borders

I’ve argued many times before against the popular view that increased immigration is detrimental to native employment and income. The simple argument about an increase in supply of cheap labor driving down wages and forcing expensive native workers out of the job market is just that: simple, too simple. There’s even evidence that the opposite is true: immigration increases native wages (because it allows native workers to move up the pay scale). But even if immigration did impose a cost on the host country, that wouldn’t be the final argument against immigration, since such a cost could be seen as a form of global redistribution and global justice: improving the lot of the poorest of the world surely justifies imposing a burden on those who have more wealth and who had the good fortune of being born in the “right” part of the world. True, this burden shouldn’t fall on the poorest members of the “right” countries, but if it does that can be corrected by national redistribution.

Still, let’s return to the labor cost argument against immigration. Here’s another piece of evidence that tips the scales yet a bit further against the view that the extremely low cost of immigrant labor results in displacement of low-level native labor. The evidence I want to cite is about internal migration in China, but it’s perfectly possible to use it against arguments favoring restrictions on international migration:

Hundreds of millions of rural migrants have moved into Chinese cities since the early 1990s contributing greatly to economic growth, yet, they are often blamed for reducing urban ‘native’ workers’ employment opportunities, suppressing their wages and increasing pressure on infrastructure and other public facilities. This paper examines the causal relationship between rural-urban migration and urban native workers’ labour market outcomes in Chinese cities. After controlling for the endogeneity problem our results show that rural migrants in urban China have modest positive or zero effects on the average employment and insignificant impact on earnings of urban workers. When we examine the impact on unskilled labours we once again find it to be positive and insignificant. We conjecture that the reason for the lack of adverse effects is due partially to the labour market segregation between the migrants and urban natives, and partially due to the complementarities between the two groups of workers. Further investigation reveals that the increase in migrant inflow is related to the demand expansion and that if the economic growth continues, elimination of labour market segregation may not necessarily lead to an adverse impact of migration on urban native labour market outcomes. (source, source)

More posts about arguments against open borders are here, here and here. More posts in this blog series are here.

Migration and Human Rights (41): What Will Happen When We Open Our Borders?

Regular readers know that I often advocate an open border policy on this blog. I do so because most of the arguments in favor of immigration restrictions don’t survive a confrontation with the data, but also, more positively, because I think there are four important reasons to favor open borders:

  1. Allowing immigration means respecting certain human rights, such as the right to free movement and the right of free association (most people migrate because they want to associate with employers elsewhere). Closed borders on the other hand result in various rights violations: illegal immigrants incur physical risks while traveling, and exploitation upon arrival (because they have diminished bargaining power and because they live with the constant fear of apprehension). Furthermore, they are almost permanently separated from their families and friends back home etc. That’s a heavy burden of rights violations.
  2. Immigration reduces poverty. Strictly speaking this is not conceptually different from the previous reason, since poverty is a human rights violation, but it’s worth mentioning separately because many fail to see this point.
  3. Third, allowing immigration is a matter of justice because monopolizing a piece of the earth goes against the principle of the common ownership of the earth, and because nobody deserves to be born in a certain place.
  4. Fourth, immigration restrictions are inefficient because they require resources that can better be spent elsewhere, and because efficient economic activity requires a high degree of freedom of movement for workers as well as goods. Moreover, aging populations in developed countries will need more immigrants to keep their economies going.

I agree that these arguments don’t necessarily establish the soundness of an open border policy. They do, however, make it harder to argue in favor of restrictions and they put the burden of proof on those arguing in favor of restrictions.

I can imagine that many of those people aren’t convinced by the rather abstract arguments given above. Hence it may be useful to try to estimate the consequences of a significantly higher number of immigrants in wealthy countries. I’ll assume that this increase won’t be sudden, because restrictions can be removed gradually. Hence we can discount the “shock” of increased migration as a possible negative consequence.

Wouldn’t massive immigration strain the domestic economy and possibly destroy it? I never quite understood that argument. For one thing, if that would happen, I guess the immigrants would decide to just go back home; immigrants are drawn to economic opportunity and typically return when opportunities become rare. But it won’t happen, because immigrants produce and consume. The “destruction argument” sounds ridiculously zero-sum, as if the presence of immigrants in a country is similar to leeches draining the blood from a healthy body. Immigrants generally come to work, to produce and to consume. Some of them may be a net loss for the native economy, but it’s silly to claim that most of them are or will be. In fact, in the U.S. most immigrants currently use welfare at lower rates than natives and have higher rates of labor force participation. Even if massive immigration brings in a lot more slackers their numbers will be swamped by the even larger number of productive immigrants.

So I don’t think we should compensate an open borders policy with a denial of welfare for immigrants. Most immigrant won’t come for welfare, and if you allow a whole lot of new immigrants, most of those will work and pay taxes (also because they won’t be illegal) and will thereby contribute to the funding of the welfare system rather than be a drain on it.

Perhaps the arrival of a lot of immigrants won’t destroy the destination economy or the welfare state, but maybe it will hurt certain groups of people, for example low-skilled native workers with whom the immigrants will compete for jobs. Again, that’s too much of a zero-sum focus. Immigrants are usually complementary to native workers and don’t necessarily have to replace native workers. And when they are not complementary, they can allow the latter to move to different and often better paying occupations.

To the extent that massive immigration will drive down wages in some sectors and skill levels, I would ask the following: if an immigrant is willing to work for a lower wage, why should the rights of relatively more wealthy native workers (“relatively more wealthy” because they earn a higher wage) trump the rights of the immigrant? If rights have any meaning it is that they protect the weaker against the stronger, not vice versa. From a cosmopolitan point of view it’s more important to help poorest people find a better job than to protect the jobs of the relatively less poor.

What about higher rents and house prices? Surely massive immigration would price almost everyone out of the housing market. And then what? I would guess that this will be self-correcting: huge housing prices will reduce the inflow of immigrants or increase the supply of houses. In the latter case, demand for labor – including native labor – would increase. Again, let’s drop the zero-sum thinking: why should we assume a constant supply of housing with an increasing demand for it?

What about security issues? Will open borders policies flood us with criminal immigrants? Immigrants with contagious diseases? What about the smuggling of drugs? Or terrorists moving freely into the country? Well, open borders as it’s understood here means free immigration, not the absence of borders or border controls. Allowing massive immigration doesn’t mean that we shouldn’t keep track of who or what is coming in and is going out. And we have domestic criminals, whom we don’t systematically banish. Let us also not forget that immigrants are on average less likely to be involved in crime (see here and here).

The fact that open borders doesn’t equal “no borders” should also calm certain fears about sovereignty, “nationhood”, national culture, community and national solidarity.

The same is true for the fact that an open borders policy doesn’t equal “free citizenship“. Obviously access to citizenship would not be possible for all immigrants at the moment of arrival, otherwise an open border policy would undermine the very notion of citizenship. That restriction includes voting rights.

What about the consequences for the origin countries which will lose a lot of highly skilled professionals? That’s difficult to tell but if we extrapolate from the current state of affairs, this might not be a problem. There’s already a huge brain drain going on from developing countries to developed ones, but the pernicious effects of this brain drain are heavily overstated, and compensated by the gains from remittances. Of course, this compensation effect depends on the number of people involved. Drastically higher numbers of migrants may provide a different outcome, or maybe not. And there’s also some evidence of other beneficial effects of the brain drain, unrelated to remittances.

More posts in this series are here.

The Causes of Poverty (49): Brain Drain?

People with socially useful skills – such as nurses, doctors and teachers – often desire to leave their poor native countries and migrate to the West. A higher wage and the chance of escaping some of the world’s most dysfunctional societies trumps national and social attachments.

However, some argue that this “brain drain” is detrimental to the prosperity of developing countries: not only do they lose their best and brightest – emigration of skilled citizens makes it more difficult to prepare younger generations for their role in society (teachers leave, and governments faced with the risk of brain drain are less eager to invest in education – and even if they are eager they will have a smaller income from taxes necessary to fund education).

And indeed, the better educated citizens of poor countries are more likely to emigrate. You need some money and know-how to move to the West, and you have to expect some value-added. A poor farmer in Africa doesn’t have the money to leave, and his chances of finding a socially useful role in Europe or America, compared to his fellow-citizens who are doctors or engineers, are small.

However, when assessing the economic impact of the brain drain, one has to take all effects into account. For example, criticism of the brain drain often fails to mention the clear benefits for those who decide to leave their countries. More counter-intuitively, those who stay behind may also gain rather than lose: people who spend time abroad often return home with socially valuable skills and savings, and while they’re abroad they send home remittances. Also, the possibility of leaving a country incites many people to improve their skills and education, even if ultimately they stay home. And when they stay home, their higher education is a net social gain. Governments of developing countries may also benefit: perhaps they’ll lose some money when people leave after finishing their government subsidized education, but they gain money when the families that stayed behind spend their remittances, or when they don’t have to pay unemployment benefits to those who leave – some of those would have been unemployed had they stayed home.

It seems that the brain drain is no more than a catchy phrase, and certainly not an important cause of poverty in developing countries.

More posts in this series are here.

Measuring Human Rights (14): Numbers of Illegal Immigrants

Calculating a reliable number for a segment of the population that generally wants to hide from officials is very difficult, but it’s politically very important to know more or less how many illegal immigrants there are, and whether their number is increasing or decreasing. There’s a whole lot of populist rhetoric floating around, especially regarding jobs and crime, and passions are often inflamed. Knowing how many illegal immigrants there are – more or less – allows us to quantify the real effects on employment and crime, and to deflate some of the rhetoric.

Immigration is a human rights issue in several respects. Immigration is often a way for people to escape human rights violations (such as poverty or persecution). And upon arrival, immigrants – especially illegal immigrants – often face other human rights violations (invasion of privacy, searches, labor exploitation etc.). The native population may also fear – rightly or wrongly – that the presence of large groups of immigrants will lower their standard of living or threaten their physical security. Illegal immigrants especially are often accused of pulling down wages and labor conditions and of creating native unemployment. If we want to disprove such accusations, we need data on the numbers of immigrants.

So how do we count the number of illegal immigrants? Obviously there’s nothing in census data. The Census Bureau doesn’t ask people about their immigration status, in part because such questions may drive down overall response rates. Maybe in some cases the census data of other countries can help. Other countries may ask their residents how many family members have gone abroad to find a job.

Another possible source are the numbers of births included in hospital data. If you assume a certain number of births per resident, and compare that to the total number of births, you may be able to deduce the number of births among illegal immigrants (disparagingly called “anchor babies“), which in turn may give you an idea about the total number of illegal immigrants.

Fluctuations in the amounts of remittances – money sent back home by immigrants – may also indicate trends in illegal immigration, although remittances are of course sent by both legal and illegal immigrants. Furthermore, it’s not because remittances go down that immigrants leave. It might just be a temporary drop following an economic recession, and immigrants decide to sweat it out (possibly supported by reverse remittances for the time of the recession). Conversely, an increase in remittances may simply reflect technological improvements in international payment systems.

Perhaps a better indicator are the numbers of apprehensions by border-patrol units. However, fluctuations in these numbers may not be due to fluctuations in immigration. Better or worse performance by border-patrol officers or tighter border security may be the real reasons.

So, it’s really not easy to count illegal immigrants, and that means that all rhetoric about illegal immigration – both positive and negative – should be taken with a grain of salt.

More posts on this series are here.

Migration and Human Rights (39): The Democracy Argument Against Open Borders

Usually, arguments against open borders and in favor of varying degrees of immigration restrictions are based on economic or cultural considerations. Often, such arguments can be easily dismissed as prejudiced, chauvinist and selfish, and the data don’t support them anyway. However, a potentially stronger argument against open borders is based on the requirements of democracy. It’s potentially stronger because it goes to the heart of the same liberal values that animate the push for open borders.

Central to the idea of democracy is that those who are governed by laws should have a say in the drafting of the laws. In the words of Jürgen Habermas:

Gültig sind genau die Handlungsnormen, denen alle möglicherweise Betroffenen als Teilnehmer an rationalen Diskursen zustimmen könnten.

People are obligated to obey the laws of government only insofar as they have consented to those laws (or to the power exercised in passing those laws). That’s the whole idea behind self-government.

Now, what would happen to this idea where we to open the borders? It’s claimed that the constant coming and going of people that would result from open borders, would make self-government impossible. People would vote on laws that would not apply to them in the future because they come and go, and other people would not be able to vote on laws that would apply to them because they won’t be here yet. Open borders would mean that people are allowed to decide on things they don’t care about and won’t have a stake in. Self-government would not be possible because the “self” that governs would never match the “self” that is governed.

Another democracy based objection to open borders is a practical one. The effective functioning of democracy requires a common language, since democracy is essentially deliberation. It also requires knowledge of the political system and the political culture, and a feeling for what is achievable and acceptable to the wider community. Open borders inhibit this effective functioning.

There are basically two ways to respond to these arguments. First, the arguments seem to confuse access rights and citizenship rights. It’s correct that citizenship in a democracy should be tied to certain conditions, such as knowledge of the language and permanence of residence, and that citizenship is a necessary condition for most democratic participation. I made that argument here so I won’t repeat it now. Suffice it to say that there are good reasons to distinguish – but not separate – different parts of humanity by way of conditional acquisition of citizenship – with each part hopefully having democratic rights within its own country. However, these reasons don’t, by themselves, justify closed borders. Access rights and citizenship rights are different things.

However, as Michael Walzer has argued, when we decide to allow people in but at the same time deny them citizenship, we run the risk of creating a permanent underclass of disenfranchised non-citizens, who live and work in the country but can’t effectively protect their interests through political participation. Hence, an open border policy should also include a pathway to citizenship. The problem is then to strike the right balance between the need for flexible citizenship and the risks to democratic governance resulting from a notion of citizenship that is too weak.

Secondly, the central idea of democracy – that people governed by laws should have the right to participate in the framing of those laws – can be used to argue in favor of rather than against open borders. A decision by one part of humanity to exclude others from a certain part of the earth’s surface clearly violates this central idea. The potential immigrants who are excluded obviously don’t have a say in this decision, and yet they are governed by it. If they had a say, they would probably carry the day, given their numerical strength.

Some would claim that it’s foolish to allow potential immigrants to participate in such decisions. Would we allow a mob of homeless people, demanding access to our house, to vote, together with us, whether or not they have a right to access? No we wouldn’t, but the analogy is baseless. We do have a legitimate property right to our house (at least most of us do), but the citizens of a country don’t have a similar right to a part of the surface of the earth.

It’s of course an open question how we would practically organize such a common decision. Perhaps we should take the next logical step and institute some kind of federal world democracy. But that’s for another post.

More on open borders here.

Migration and Human Rights (38): The Cultural Argument Against Open Borders

People have a legitimate interest in the preservation of their distinctive cultural identity, their language, customs, habits, institutions, traditions etc. Opening the borders and welcoming massive numbers of immigrants – something that I favor – is supposedly incompatible with this interest. Relatively wealthy countries in particular risk being overrun by masses of poorer migrants, often from very different cultures. Opening borders or even relaxing immigration restrictions in such countries means cultural suicide.

There are some hidden assumptions behind his argument:

  • There is a uniform culture of the host country.
  • The culture of immigrants is fundamentally different from the culture of the host country.
  • Immigrants will be numerous and permanent enough to make a difference.
  • Immigrants will, on balance, influence the hosts more than vice versa. In other words, they will generally fail to assimilate and they will be hostile to the host culture.
  • Cultural change, occurring independently or following intercultural contact, is a bad thing.
  • Cultural change in the host country would not occur independently, i.e. without the physical presence of immigrants in the territory of the host culture, or will do so less rapidly or extensively (e.g. cultural change through other causes such as globalization and intercultural exchange).
  • Because people have an interest in preserving their cultural identity – to the extent that this identity exists – they also have an absolute right to preserve it.
  • The right to preserve a cultural identity supposes a right to exclusive control over a part of the surface of the earth.
  • The right to preserve a cultural identity always trumps the right to free movement of immigrants.

I would argue that none of these assumptions is correct. More here.

Migration and Human Rights (36): The Social Security Argument Against Open Borders

If there’s one Milton Friedman quote that’s repeated far too often it’s the following: “You cannot simultaneously have free immigration and a welfare state”. The income of relatively rich people in many poor countries pales in comparison to what the poor, unemployed, sick, young and elderly in rich countries get from welfare and social security transfers. Hence, the argument goes, opening borders and eliminating immigration restrictions would cause massive flows of people to those rich countries. Perhaps some of these people would come in the hope of finding a good job, but at the same time they have the certainty that, if they fail, they will enjoy generous social protection. And all the rest will come just for the benefits.

The problem, some say, is that rich countries can’t afford large increases in the numbers of welfare beneficiaries, and that they therefore must limit immigration. Open borders are only feasible when global poverty has been solved and income levels are more or less comparable across countries. Or, when rich countries would decide, unrealistically, to eliminate their welfare systems or at least coldheartedly decide to exclude all immigrants from welfare.

However, immigrants in the U.S. use welfare at lower rates than natives and have higher rates of labor force participation. In the U.K., immigrants represent about 13% of all workers, but only 7% percent of unemployment benefits (source).

Anyway, even if we assume that open borders will be a net negative for western welfare systems, there’s no need to limit the options to the stark choice between welfare and open borders. We could, for example, give immigrants access to labor markets but only limited access to unemployment benefits, or we could delay their benefits, demanding that they first contribute to the system during a number of years (something which might actually strengthen the system). However, we’d have to be careful and not create inequality, discrimination and a class society.

Or we could decide to grant immigrants full access to welfare because we believe that global inequality should be reduced. Access to welfare would then be a kind a development aid.

And, finally, it’s possible to view matters from an entirely different angle. Large chunks of welfare transfers go to the elderly. Given the demographic evolutions in many rich countries, it may be that immigration will be the only way for aging countries to sustain their welfare states.

Migration and Human Rights (35): The Economic Benefits of Immigration, Ctd.

Immigration is supposed to be bad for the economic wellbeing of (parts of) the native population (a claim that’s based on fears about unfair labor competition pushing down wages or pushing natives out of work, and about burdens on social safety nets resulting from so-called “welfare tourism”).

More open borders would be a good thing for the wellbeing of potential immigrants. But it would also be a good thing for the natives of the destination countries: it’s not just that immigration fails to harm the native population, but it actually provides some benefits. And those benefits exist even when we don’t limit immigration to high-skill immigration. That means that immigration restrictions can hurt the destination country.

How does immigration benefit the host country?

  • First, low skilled immigrants allow relatively low-skilled native workers to move to higher skilled or more specialized positions, for example as supervisors of the new immigrant workers. And those positions yield higher incomes.
  • Secondly, low skilled immigrants make it possible for natives to spend less time on non-paid, low-skilled activities that they can outsource. As a result, the latter can spend more time on paid activities, which increases their income. And even if they don’t (choose to) increase their income they probably increase their wellbeing.
  • Thirdly, immigrants produce tax revenues which contribute to social safety nets that benefit everyone.
  • And finally, immigrants consume, which creates higher economic growth which in turn benefits everyone. And when we legalize immigrants, they are likely to earn more, pay more taxes and invest, which will increase the productivity of the host economy, again to everyone’s benefit.

There’s some additional evidence in favor of these claims here. In short, this is what it says:

The effects of immigration on the total output and income of the U.S. economy can be studied by comparing output per worker and employment in states that have had large immigrant inflows with data from states that have few new foreign-born workers. Statistical analysis of state-level data shows that immigrants expand the economy’s productive capacity by stimulating investment and promoting specialization. This produces efficiency gains and boosts income per worker. At the same time, evidence is scant that immigrants diminish the employment opportunities of U.S.-born workers.

The anti-immigration claim that immigrant labor competition harms native workers, especially the low-skilled ones, is easily refuted by the simple fact that

U.S.-born workers and immigrants tend to take different occupations. Among less-educated workers, those born in the United States tend to have jobs in manufacturing or mining, while immigrants tend to have jobs in personal services and agriculture. Among more-educated workers, those born in the United States tend to work as managers, teachers, and nurses, while immigrants tend to work as engineers, scientists, and doctors. Second, within industries and specific businesses, immigrants and U.S.-born workers tend to specialize in different job tasks. Because those born in the United States have relatively better English language skills, they tend to specialize in communication tasks. Immigrants tend to specialize in other tasks. (source)

The role of language provides an example of how immigration allows native workers to move to higher skilled or more specialized positions:

in states where immigration has been heavy, U.S.-born workers with less education … have shifted toward more communication-intensive jobs. Figure 3 [below] shows exactly this. The share of immigrants among the less educated is strongly correlated with the extent of U.S.-born worker specialization in communication tasks. Each point in the graph represents a U.S. state in 2005. In states with a heavy concentration of less-educated immigrants, U.S.-born workers have migrated toward more communication-intensive occupations. Those jobs pay higher wages than manual jobs, so such a mechanism has stimulated the productivity of workers born in the United States and generated new employment opportunities. (source)

Therefore, immigration pushes up the income of native workers.

To better understand this mechanism, it is useful to consider the following hypothetical illustration. As young immigrants with low schooling levels take manually intensive construction jobs, the construction companies that employ them have opportunities to expand. This increases the demand for construction supervisors, coordinators, designers, and so on. Those are occupations with greater communication intensity and are typically staffed by U.S.-born workers who have moved away from manual construction jobs. (source)

Of course, there are bound to be some distribution effects, which means that there will be natives who benefit and other natives who don’t and who may even be harmed by immigration. However, it’s the complete picture that counts.

Migration and Human Rights (34): The “Criminal Immigrant” Stereotype, Ctd.

It’s simply not true that immigration leads to an increase in crime rates. True, immigrants are often – but not always – relatively poor, undereducated and – initially at least – not well adjusted to their host community. But none of that seems to be a sufficient reason for higher crime rates among immigrants.

On the contrary, there’s some evidence here of immigration actually reducing crime rates:

During the 1990s, immigration reached record highs and crime rates fell more precipitously than at any time in U.S. history. And cities with the largest increases in immigration between 1990 and 2000 experienced the largest decreases in rates of homicide and robbery. … Wadsworth contends that looking at crime statistics at a single point in time can’t explain the cause of crime rates.

Using such snapshots in time, Wadsworth finds that cities with larger foreign-born and new-immigrant populations do have higher rates of violent crime. But many factors—including economic conditions—influence crime rates.

If higher rates of immigration were boosting crime rates, one would expect long-term studies to show crime rising and falling over time with the influx and exodus of immigrants. Instead, Wadsworth found the opposite. (source)

There’s yet another study here showing that Hispanic Americans are less violent than whites or blacks.

A simple juxtaposition of immigration trends and crime trends can already make clear how silly it is to claim that higher immigration rates produce higher crime rates.

What could be the explanation? Why does immigration reduce crime rates? Maybe the culture and religion of the immigrants has something to do with it. Or maybe it’s true that people migrate because they want to have a better life, and that engaging in crime is incompatible with this motivation. Or perhaps the fact that immigrants tend to live in extended families and close-knit communities discourages crime.

I’ve said it before: although correlation doesn’t always equal causation, these numbers are compelling, even if we accept some possible caveats (illegal immigrants, when committing a crime, are perhaps more likely to flee abroad and hence not end up in incarceration statistics, and there may be some underreporting of crime in communities with a lot of illegal immigrants). Politicians should therefore stop exploiting irrational fears about immigrant crime for their own partisan gain. You don’t solve the crime problem by closing the border, and certainly not by ignoring overwhelming scientific evidence.

Migration and Human Rights (32): A Human Right to Free Movement and the Common Ownership of the Earth

I’m consistently in favor of increased immigration, and skeptical of the arguments against (such as those based on notions like “importing crime”, “importing poverty” or “watering down culture”).

However, if the arguments against immigration fail, how about the quality of the arguments in favor? Poverty reduction is a strong one: the prosperity of immigrants obviously increases when they are allowed to immigrate, but so does the prosperity of the families left behind (as a result of remittances). But a more interesting argument is based on the concept of the common ownership of the earth. Humanity collectively owns the earth and its resources because the earth is simply there. No one has created it and no one therefore deserves credit for it. Consequently, all individuals have an equal claim to every part of it and collectively own every part of it. (That’s an old idea, going back at least to Kant and Grotius).

Accidents of birth do not destroy this common ownership. They don’t yield private ownership rights to those parts of the earth where they take place. Hence, these accidents should not determine who gets the exclusive usage rights over parts of the earth. Immigration restrictions are morally arbitrary since they differentiate between people based on the lottery of birth. They take the accident of being born somewhere and turn it into a rule to stay there. They are equivalent to other morally arbitrary differentiations, such as those based on race or gender. However, contrary to what happened to those other differentiations, a majority of public opinion has yet to be convinced of the morally arbitrary nature of immigration restrictions.

From the notion of the common ownership of the earth follows that every kind of private property, not only the state as the exclusive property of a part of the earth claimed by the citizens who happen to live in that state, is a privatization of common resources. I think any justification of such a privatization, and therefore any justification of any type of private property, is bound to be difficult.

If the justification of privatization – whether of territory or commodities – does not succeed, then private property and the state are by definition illegitimate. So there’s a lot at stake here. The reason why such a justification is difficult, is that private property is necessarily based on an original theft of common ownership. Even if you cultivate the land you appropriate or privatize (or better steal from the collective of humanity), and even if you incorporate your labor in the product you make based on natural resources (Locke’s justification for private property) and thereby create added value, that doesn’t change the original sin: you’ll still be like the thief who takes care of the car he’s stolen and gives it a new color.

The same is true for a farmer fencing a part of the earth, a state imposing a border and restricting immigration, an oil company extracting the oil and refining and selling it, and a primitive tribe settling down in the jungle somewhere and keeping strangers out. Even nomadic tribes are guilty of the same sin by letting their cattle graze the land and keeping other tribes away.

So this reasoning a priori invalidates all talk about immigration restrictions. But it seems that I have proven too much: all private property, not just private property of land or a country, is, in the words of Proudhon, theft. Yet, private property is extremely important from the point of view of human rights. Private property also seems to be fueling economic efficiency, as the communist experiments have shown, a contrario. Especially private property of land – important in the context of immigration – is important for prosperity. I don’t want a justification of policies removing immigration restrictions that destroys all possible justifications of all forms of private property. Moreover, while I consider existing immigration restrictions unjust, I do recognize the value of some types of restrictions. Some restrictions used by citizens to limit access to a territory that they claim is theirs are legitimate. A state is necessary for democratic self-government and for the legal and judicial protection of human rights, and it would seem impossible to imagine the concept of a state without some immigration restrictions.

These are moral goals – rights, democracy – that are at least equivalent to the moral goal of not stealing and to the moral rights of immigrants. The problem is that stealing – namely stealing a part of the earth from humanity – is precisely what seems to be necessary to achieve these moral goals. So we have a conflict between moral goals. The fact that these moral goals all seem to be equivalent – it’s not obvious that stealing is always more wrong than protecting human rights for instance – indicates that it should be conceivable to violate – or limit the force of – the principle of the common ownership of the earth in order to create private property, both of commodities and land/territory. Hence, immigration restrictions are not necessarily morally wrong, although I would still claim that the existing restrictions of all countries in the world go much too far: they don’t take the moral claim of the common ownership of the earth seriously enough, and they overemphasize the goals of residents over those of immigrants.

So how exactly do we balance these different and equivalent moral goals? For example, a country violating human rights has less rights to impose immigration restrictions because such restrictions will not serve the goal of rights. (Unfortunately, this won’t promote migration since such a country will not attract many immigrants if it winds down its immigration restrictions). A wealthy country – like wealthy people – have less rights to exclude others from a share of their wealth, since their wealth is based on the use of common property. In that case, immigrants can demand entry rights based on common property.

While national borders are drawn in a morally arbitrary way, as argued above, and while immigration restrictions that go together with the drawing of such border are therefore equally arbitrary, they are not morally meaningless. They are a morally arbitrary fact that has acquired moral significance: they have resulted in a tool – the state – that can do morally good, e.g. protect human rights and democracy.

Religion and Human Rights (25): The Eurabia Falacy

If immigration isn’t opposed because of bogus economic reasons or bogus law and order reasons, then it’s opposed on the grounds of equally bogus cultural reasons. Excessive immigration is said to fundamentally change the culture of the destination region: Europe will turn into Eurabia, just like the Protestant U.S. were once believed to be on the verge of a Catholic takeover following Irish and Southern European immigration.

But even limited immigration will not save us given the supposed “high fertility rates” of immigrants:

That Muslims are grinding out babies ready to take over Europe is an outdated canard. The Eurabia authors worry about declining European fertility, but in fact the Muslim decline is much sharper. In 1970, women in Algeria and Tunisia averaged about seven children each. Now, according to the CIA World Factbook, they average fewer than 1.8. The French rate is almost exactly two. Parisian demographers Youssef Courbage and Emmanuel Todd demonstrate in their 2007 book “Le Rendez-vous des Civilisations” that after most men in a country become literate, eventually a majority of women becomes literate, and then fertility plunges. This demographic transition has now happened in most Muslim states. At last count Algerian women living in France averaged an estimated 2.57 children, or only slightly above the French rate. Moreover, the fertility rate of north African women in France has been falling since 1981. Eurabia is not a demographic prospect. …

The other problem with forecasting numbers of European Muslims in 2100 is the presumption that sixth-generation European Muslims will still be a foreign body here: Islam as a bacillus that even secular former Muslims carry around, forever dangerous. This ignores the transition affecting many nominal Muslims in France. …

Although here and there Muslims have made France a little more north African or Islamic, the influence seems to be more the other way: Muslim immigrants are being infected by Frenchness. (source)

Remember also that people in the 1960s were saying that the higher birthrates among Catholics would mean a swift “Catholic takeover” of Europe and the US:

In the United States the lower birth rate of the Anglo-Saxons has lessened their economic and political power; and the higher birth rate of Roman Catholic families suggest that by the year 2000 the Roman Catholic Church will be the dominant force in national as well as in municipal or state governments. A similar process is helping restore Catholicism in France, Switzerland, and Germany; the lands of Voltaire, Calvin, and Luther may soon return to the papal fold. (source)

Now, of course I’m not insensitive to the plight of culture. A national or regional culture is an important source of identity and wellbeing, and I believe the whole world gains when even a small culture is allowed to survive. I have an older post here lambasting the demographic aggression of China in Tibet. My point is not that immigration can never be a cultural problem, but that the size of the problem is systematically inflated, possibly as a cover for outright xenophobia. In this respect, the “problem” resembles the two other “problems” caused by immigration: more poverty and more crime.

Migration and Human Rights (25): Immigration Restrictions

Showing that increased immigration tends to benefit natives reduces resistance on the margin, which is worth doing. But, in my experience, laying out clearly the immense benefits to the immigrants is extremely powerful. It highlights the needless misery caused by the heartless status quo. Even then, it is more powerful still to illustrate clearly how the status-quo system of borders, passports, visas, and citizenships systematically violates basic human rights to free movement and association. Will Wilkinson (source)

The statement that migration benefits the migrants is largely self-evident. Migrants wouldn’t migrate if staying home would be more advantageous. Hence, poverty reduction and development aid can benefit hugely from more open borders. What is less clear is that migration can benefit the population of the destination country. There’s a lot of political rhetoric, especially on the extreme right, about the adverse consequences of migration, both economically and culturally. Take for example the talk about unfair competition in the labor market, “importing poverty” and profiteering from social safety nets, the “criminal immigrant” stereotype, Eurabia hysteria etc.

So it’s encouraging to find this useful study:

Using the large variation in the inflow of immigrants across US states we analyze the impact of immigration on state employment, average hours worked, physical capital accumulation and, most importantly, total factor productivity and its skill bias. We use the location of a state relative to the Mexican border and to the main ports of entry, as well as the existence of communities of immigrants before 1960, as instruments. We find no evidence that immigrants crowded-out employment and hours worked by natives. At the same time we find robust evidence that they increased total factor productivity, on the one hand, while they decreased capital intensity and the skill-bias of production technologies, on the other. These results are robust to controlling for several other determinants of productivity that may vary with geography such as R&D spending, computer adoption, international competition in the form of exports and sector composition. Our results suggest that immigrants promoted efficient task specialization, thus increasing TFP and, at the same time, promoted the adoption of unskilled-biased technology as the theory of directed technological change would predict. Combining these effects, an increase in employment in a US state of 1% due to immigrants produced an increase in income per worker of 0.5% in that state.

The Causes of Wealth Inequality (3): Marital Homogamy and Declining Manufacturing & Unionization

Part of the increase [in inequality during the last decades, particularly in the U.S. and the U.K.] stems from declining manufacturing employment, part from shrinking unionization and fragmenting collective bargaining, part from heightened immigration and other aspects of globalization, and part from technological change. … [A]nother source of the rise in inequality: changes in household size and composition. Due to later marriage and more prevalent divorce, more and more households have just one adult, and hence only one potential earner. At the same time, coupling between people with similar education and thus similar earnings potential (“marital homogamy”) has increased, and the share of highly educated women who are employed continues to rise. The result of these developments is that many countries have more two-adult households with high earnings and more one- or two-adult households with low earnings than used to be the case. Lane Kenworthy (source)

Migration and Human Rights (21): China’s Demographic Aggression and Provocation of Racism, The Cases of Tibet and Xinjiang

If only Han Chinese inhabit Tibet, what is the meaning of autonomy? Dalai Lama (source)

The recent protests and violence by Uighurs in China’s Xinjiang province are reminiscent of the March 2008 protests in Tibet. Like the Tibetans, the Uighurs believe that they are colonized by Han Chinese who have settled in the Tibetan and Uighur provinces in large numbers, and continue to do so. (92% of Chinese are Han). As a result, the ethnic Turkic Muslim Uighurs now make up less than half of the 20m population in their province, and probably less given the tendency of official Chinese statistics to underestimate internal migration flows. This is compared to 75% in 1949. (In Tibet, the indigenous population is still the majority according to official statistics, but this is likely to change with the new train link to the province).

It is widely accepted that these migration flows are part of official Chinese government policy. Populating border regions with Han Chinese is believed to lessen separatist tensions and demands for autonomy, and is handy when it comes to expropriating the local resources. The local populations however see this as demographic aggression and an attack on their culture. If their land is taken over, so will their culture, language, traditions and religion. In Xinjiang, evidence of this is the prohibition on headscarves, the languages used in schools etc.

Not surprisingly, these policies of demographic aggression – which the Dalai Lama has called a form of cultural genocide – combined with other authoritarian policies, provoke a reaction, and unfortunately, this reaction often takes the form of anti-Han racism. (Most victims of the recent clashes in Tibet and Xinjiang were Han, although – as usual – the victims of the government’s reaction don’t get mentioned).

Migration and Human Rights (14): Migration and Overpopulation

People often, but mistakenly in my view, see two types of links between overpopulation and migration:

  • The pressure to migrate from the undeveloped South to the richer North is mainly if not exclusively caused by overpopulation in the South.
  • The reason why countries in the North restrict immigration from the South is the fear of overpopulation in the North, resulting from immigration. The relatively healthy economies of the North would not be able to withstand the population shock of major inflows of immigrants, especially given the fact that most immigrants are not high-skilled and tend to be a burden on an economy rather than an asset. Immigration needs to be restricted because it means importing poverty.

I’ll try to argue that both these arguments are wrong and that it is a mistake to link migration to overpopulation in these ways. I’ll start with the first point.

Two things are true about the first argument: migration towards developed countries has increased sharply during the last decades (see here), and population growth in the South has been faster than in the North (see here). What is not true, however, is that the latter has been the cause of the former.

Other social and economic factors, rather than overpopulation, have driven migration. Given the highly regulated nature of migration to the North (green cards, other types of labor certification, visa, border controls etc.), it’s obvious that the people who are able to immigrate are not the poor that are supposedly driven out of their own economies by overpopulation. Only the “jobworthy” who are successful at applying for entry-visas can migrate. (See also here.) And the same is true for illegal immigrants, i.e. those bypassing the regulations. They as well tend to be people who have work prospects in the North, or at least enough money to pay human traffickers.

All this also serves to disprove the second argument above: if migrants in general are not the poorest of the poor, then the second argument doesn’t hold.

However, back to the first argument for a moment. Another economic factor driving migration and completely unconnected to population levels, is the globalization of economic production. Employers in developed countries actively look for relatively cheap workers from the South, and technological improvements in communication, transportation and travel are making this easier.

(One could also point to war and violence as driving forces behind migration, but Malthusians would reply that the real driving force is overpopulation, causing first war and conflict, and then migration. There’s a lot to be said against this, but I’ll keep that for another time).

Regarding the second argument, one can make the following counter-claim. Let’s assume that immigration controls indeed serve the only purpose of keeping people out so as to keep the economy healthy and avoid population shocks which the economy wouldn’t be able to withstand. (Of course, immigration controls in reality serve many other purposes, e.g. pampering xenophobes). If we assume this, we should further assume that existing quotas on immigration (quotas as the result of visa policy, labor permits, family reunion policy etc.) are set in such a way that the number of migrants that are allowed into the country is roughly the number that the economy can sustain. Not higher because then immigration policy would defeat its purpose, but not much lower either because then the restrictions would be unjust and arbitrary.

Given these two assumptions, how do we explain the failure of massive numbers of illegal immigration to destroy host economies? Take for instance the U.S. It’s in an economic crisis right now, but nobody in his right mind claims that immigration is the cause. The U.S. economy was booming for years, and at the same time accommodated millions of legal and illegal immigrants.

To sum up, the tidal wave paranoia of the poor masses of the South engulfing the developed world is just another example of Malthusian hysteria. A simple look at population growth numbers make this abundantly clear. Population has indeed grown more rapidly in the South than in the North (partially because of higher birth rates), but only to return to the same proportion as a few centuries ago. The industrial revolution in the North resulted in more rapid population growth, and the South is now catching up. Fears of growing imbalances and “tsunamis of the poor” aren’t based on facts.

Migration and Human Rights (7)

Citizens typically enjoy the best human rights protection of anyone in the territory of a country, relatively speaking. Even in badly governed states or dictatorships they are better off than immigrants, legal or illegal. And also in perfect democracies do citizens enjoy more rights than legal immigrants: the former have political rights, the latter do not. See this post for more information about this difference.

However, in a perfect democracy, legal immigrants and citizens enjoy the same level of protection with regard to all other types of rights, non-political rights such as freedom rights. This is called the principle of constitutional universality.

Illegal immigrants of course have a much harder time, even in perfect democracies. As they live in the “dark” they will find it difficult to come forward to complain about rights violations or to go to the police or the judge. Doing so will reveal their illegal status and will result in forcible return to their country of origin.

Asylum seekers or refugees have an even harder time because they are usually imprisoned for the duration of their asylum application. And as they are imprisoned, they usually find it difficult to escape into illegality when their application is denied. Compared to normal illegal immigrants, the government knows where they are – in prison – and hence can easily return them to their own country.

The worst off are the modern slaves. Many of them end up in slavery as a consequence of migration and trafficking, but not all. Many modern slaves are normal citizens.

Since citizens generally enjoy the best rights protection, it is a good strategy for non-citizens to try to become citizens. Traditionally, only legal immigrants can apply for citizenship (when some conditions are fulfilled). Asylum seekers, when their application is accepted, become legal immigrants and then they can, in the next step, try to apply for citizenship. If their asylum application is rejected, they are either send back or disappear into illegality. Together with other illegal immigrants, they first have to become legal immigrants (for example through some kind of amnesty measure) before they can hope to apply for citizenship.

Migration and Human Rights (4): Asylum

Asylum is a form of protection that allows individuals to remain in a country, provided that they meet the definition of a refugee. Eventually, they may become permanent residents or even nationals.

People seeking asylum in another country do so because they have been persecuted or fear they will be persecuted on account of their race, religion, nationality, membership in a particular social group, or political opinion. They usually petition for asylum when they enter a country, and the government of the country decides on a case-to-case basis, according to its own rules, whether or not to grant asylum to a particular person. A person has to fulfill certain conditions before being granted asylum. These conditions differ widely from one country to another. Some countries have a very restrictive policy.

When asylum is denied, states usually deport the asylum seekers, back to their own country or to a third country. During the period leading up to the decision whether or not to grant asylum, states often detain the asylum seekers (and their families and children) in special prisons. Nevertheless, many failed applicants manage to remain illegally in the country. However, whether deported or gone underground, failed asylum seekers often lead miserable lives. And then we forget all those that didn’t make it to the country of application. Asylum seekers often undertake hazardous and fatal journeys.

People have a right to asylum (see article 14 of the Universal Declaration). It’s a very old legal notion (e.g. the medieval church sanctuaries). The grounds for asylum are however, rather limited. There should be some kind of persecution. An important question is whether economic refugees should be given asylum. I think they should. Poverty is just as much a violation of human rights as forcing someone to change his or her religion.

However, unrestricted economic asylum does not seem to be possible. Flooding rich countries with millions of economic refugees will not help anybody. It will destroy economic welfare in the few places where it exists, without offering any real improvement for the disadvantaged.

The same is true for other kinds of refugees. In principle people should be protected, whatever their origin. But of course, a state is no longer obliged to grant asylum if the applicants are so numerous that accepting all of them would lead to chaos and economic problems in the receiving country. Accepting them anyway would mean sacrificing the rights of the people of the receiving country without being able to do much in favor of the rights of the refugees.

Combating human rights violations in the country of origin is the best way to solve refugee problems. Most people do not want to flee, so accepting them as refugees is not the best solution from their point of view, even though it is still better than not accepting them and it makes it possible to protect their rights.

What Are Human Rights? (15): Constitutionally Universal

The theme of this post is the often difficult relationship between citizenship and human rights. This relationship is difficult because human rights, which are explicitly rights for all people everywhere, without distinctions of any kind, seem to require citizenship, and hence a distinction between groups of somehow differentiated people, for their protection. Without citizenship, it is argued, human rights remain a wish rather than a reality, potential rather than effective. Indeed, we often see that non-citizens such as refugees, asylum-seekers or stateless people suffer more rights violations than the citizens of the countries in which they happen to find themselves, even if these countries are comparatively well functioning democracies.

I want to argue that there are no legal reasons to consider citizenship as some kind of necessary condition for the protection of the rights of people within the territory of a state. Or, to put it negatively, that there are no legal reasons to treat the rights of non-citizens with less respect than the rights of citizens, or to accept violations of the rights of non-citizens with more ease than violations of the rights of citizens. There has to be, in other words, equality of protection between citizens and non-citizens. Citizenship therefore should be irrelevant for the protection of the human rights of the people within a given state territory. The state should be blind in this respect and treat non-citizens as if they were citizens. Non-citizens should have the same legal, judicial and other means to stand up for their rights.

The legal argument is based on Article 2, paragraph 1 of The International Covenant on Civil and Political Rights, which states the following:

“Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”.

The widely held but mistaken belief that the rights of non-citizens residing in a state are, perhaps inevitably, more precarious than the rights of the citizens living beside them, goes back to the historically important role of citizenship in the practice of protecting human rights. Theoretically, citizenship is irrelevant to human rights. These rights are the equal rights of all human beings, equally and unconditionally. It is not justified to say that one should be white, male, citizen or whatever to be able to enjoy the protection of these rights. Universality, equality and unconditionality are perhaps the main characteristics of human rights. That is where they got their name. They would not be called human rights if this were not the case.

Although theoretically these rights come with no conditions attached, in reality and in practice there are many necessary conditions for their effective protection: a well functioning judiciary, a separation of powers, a certain mentality, certain economic conditions etc. Too many to name them all, unfortunately. But the one we should name and explain is citizenship. Historically, it was because people were citizens of a state that they could use and improve the institutions and judicial instruments of the state, including the executive powers, to enforce their rights. It is this historical contingency, the fact that people have always found their citizenship very useful for their human rights, which has led many to believe that there is some kind of special link between citizenship and human rights which makes it possible and acceptable to treat the rights of non-citizens with less respect. That rights are only accessible to citizens. That the rights of man have often been the “rights of an Englishman” in the words of Burke.

“The survivors of the extermination camps, the inmates of concentration and internment camps, and even the comparatively happy stateless people could see … that the abstract nakedness of being nothing but human was their greatest danger” (Hannah Arendt, The Origins of Totalitarianism).

The state, although it does not grant rights, has to recognize them and make them real, but not only for citizens. The constitution, the main instrument for recognizing human rights, should and nowadays often does explicitly guarantee rights for humans, and not merely rights for citizens. Everybody within the territory of the state, not only the citizens of the state, can then enjoy the human rights protected by the constitution. Citizens as well as non-citizens can then go to court and challenge unjust laws or acts of state. Both categories of people have legal personality. This is often called the constitutional universality of rights.

The protection of the economic rights of non-citizens is an even more contentious matter. Should non-citizens have the same healthcare protection, social security, education etc.? In principle yes, but some countries may have such a large number of non-citizens in their territory that the economic viability of their social security system comes under threat. The tax payers ability to fund the system is limited, and non-citizens normally don’t pay taxes.

Migration and Human Rights (3): Refugees

A refugee is an involuntary migrant or a “push-migrant”. It’s the situation in the home country – usually war, famine or persecution or a combination – which forces or pushes him or her to migrate abroad, usually to one of the neighboring countries. The refugee is different from other types of migrants, such as the people who feel the “pull” of economic opportunity which, voluntarily or involuntarily (in the case of extreme poverty), drives them abroad.

Refugees who flee war, famine or oppression but do not leave their home country are called internally displaced persons.

Countries have an obligation to accept refugee on their territory. Article 14 of the Universal Declaration on Human Rights states that

1. Everyone has the right to seek and to enjoy in other countries asylum from persecution. 2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

However, this obligation is often rejected by countries. Countries often subject

“refugees to arbitrary arrest, detention, denial of social and economic rights and closed borders. In the worst cases, the most fundamental principle of refugee protection, non-refoulement, is violated, and refugees are forcibly returned to countries where they face persecution.” Human Rights Watch (http://hrw.org/doc/?t=refugees&document_limit=0,2)

The states that create the refugee problem also have obligations. Article 13 of the Universal Declaration on Human Rights states that

Everyone has the right to leave any country, including his own, and to return to his country.

Therefore, countries have an obligation to create or restore the circumstances which make it possible for people to return home. It’s up to these countries, with the assistance of the international community, to address the root causes that force people to flee.