We must recognize than any orderly system used to select and admit immigrants involves a degree of bureaucratic slowness. Hence, the existing family preference-based program would have to be extended for several years, maybe as long as ten, while accepting no more new applications. It’s likely that the compromise solution would even have to be some sort of measure that guarantees that the last direct descendants and direct ascendants of existing immigrants have been accommodated.
To remedy the labor rigidity consequent on the abolition of family preference as the primary source of admission, the US might re-instate a new version of the 1942-1964 bracero program. I refer to a system of admission of temporary contractual workers guaranteed a minimum wage and decent living conditions by employers for a stated period. Temporary immigrants admitted in this manner would have no expectation of permanent admission to the US. The problem of “stay-overs” could be solved through a conventional bonding system. (I am puzzled about why bonding has not yet been tried in connection to immigration.) The work sojourns would have to be made renewable in law so that the US might preserve the option of keeping temp. workers who had acquired valuable and rare skills during, or even before their first, or following stay in-country. In exceptional cases, temp. workers in such a program could be channeled to the new F-1B program, perhaps with credit given for experiences working in the US and for cultural adjustment.
In summary: I deplore two features of current public discussions of legal immigration: They are ill-informed to an astonishing degree; and, they are often crude, lacking in both subtlety and imagination, like an argument between two people who keep cutting each other off. Unless one formulates a systematic alternative to the current system, one squarely separating immigration based on altruism from merit-based immigration, immigration based on the expected immigrants contributions to American society, the helter-skelter liberal project will continue to prevail. It is now prevailing by default in the minds of most Americans. Those who have the energy to resist it too often limit their response to a blind “No!”In the end, if no countervailing project emerges forcefully, we will witness the establishment of a statist one-party system in the US. Libertarians, among others, should hurry to confront their close friends and relatives who toy with the dangerous delusion of open borders.
Surely, in addition to those structural tendencies for immigrants’ propensity to tend left, there is a seemingly built-in electoral incompetence of conservative and other market-oriented parties. I, for example, have been waiting for years for Spanish language Republican ads on local radio (mostly cheap radio). Even modest ones, place-holding ads, would do some good because silence confirms the Democrat calumny that the GOP is anti-immigrant. And one wonders endlessly why the GOP seldom builds on the religious ethics of immigrants which are often conservative on a personal level even as they, the immigrants, are otherwise collectively on the left. Work hard, take care of your family, keep your nose clean, save, don’t bother others, are not messages that sound alien to the Mexican immigrants I know, to Latin Americans in general, nor even to some Indians who come over.
Incidentally I make the same disparaging comments about the one French political party that is unambiguously market oriented and its inactivity toward the Muslim immigrants who are numerous in France. Several years ago, Pres. Sarkozy had two nominally Muslim women in his first cabinet but this did not set an example, unfortunately. One was Attorney General. (Note: France being France, both women were very attractive, of course!) In the US, it’s as if the Republican Party and the several libertarian groups, had in advance abandoned the immigrant grounds to the Democratic Party. It’s perplexing to me personally because every time I take the trouble to describe Republican positions in Spanish to the main immigrant group in my area, I am met with considerable interest. Explaining the attractiveness of small government to Mexican immigrants fleeing the results of one hundred years of big government that is also deeply corrupt shouldn’t be a colossal endeavor, after all. Indians have had a similar experience though they would have to be approached differently. I don’t know about the increasing number of Chinese immigrants. It would be a good question to explore.
In the past ten years or so, the GOP has fallen into a crude trap. It has allowed the Democratic Party to treat its insistence on the rule of law with respect to illegal immigrants, and on the respect of sovereign boundaries, as proof of the GOP being anti-immigrants in general. The GOP, as well as libertarian groups, have failed even to point out the obvious in connection to immigration: New immigrants compete most directly with older immigrants for jobs, housing, and government services. The facts around sovereignty add to immigrants’ generic left-tropism to ensure that the bulk of new immigrants will come and replenish a Democratic Party otherwise devoid of program, of ideas, and of new blood. (The young Dominican-American woman who won a primary in New York in June 2018 is quickly turning into an embarrassment for the mainstream of the Democratic Party.) Immigrants have the power to snatch victory out of the mouth of the Demos’ defeat.
The various libertarian groups don’t speak clearly on immigration aside from emitting the occasional open borders noise that, fortunately, they seem afraid to pursue or to repeat. Who remembers anything the Libertarian presidential candidate said on the subject during the 2016 presidential campaign? I know of one dangerous exception to the observation that libertarians seldom finish their thoughts on open borders. Alex Tabarrok argued forcefully the case in his October 10th 2015 article in The Atlantic: “The Case for Getting Rid of Borders Completely.” In spite of its leftism, the Atlantic retains its high prestige and its influence, I think. What it publishes cannot easily be ignored. The article is enlightening and tightly argued but almost entirely from an ethical standpoint. Unless I missed something important, the author seems to sidestep the fact that no Western system of ethics requires that anyone commit collective suicide, or even, risk it. Thus he by-passes the lifeboat argument completely. This single article leaves pure libertarians in an intellectual lurch because it poses squarely the central issue of the moral validity of the tacit pact of mutual defense that is the nation- state: The nation-state violates your values through its very existence. Without the nation-state, it’s unlikely your values will survive at all.
[Editor’s note: in case you missed it, here is Part 14]
This an essay about legal immigration. It includes a theoretical framework, essential facts, and subjective opinions. In this old-fashioned piece, there is no pretense of scholarly detachment. It’s a personal endeavor that I hope will be useful to others. I don’t have a hidden agenda but topical preferences I think I make clear. Footnote 1 describes my qualifications to discuss immigration. You might surmise that I have a more pro-immigration bias than most small-government conservatives but not than most libertarians (but who knows about them?). I deal with American immigration, specifically. I present rough figures only, trying to add some orders of magnitudes to the current complicated media narrative, and to establish distinctions that don’t always occur naturally. I don’t aim at precision. If mistakes of fact slip into my story, I hope readers will draw attention to them and thus, perhaps, start a conversation here. My few policy recommendations are all tentative but I hope they are logically linked both to orders of magnitudes and to conceptual distinctions.
I choose to address legal immigration specifically for two categories of reasons. First, there are reasonably good, trustworthy figures regarding legal immigration, while numbers for illegal immigration are largely estimated from data gathered for other purposes and often according to wobbly rules. Second, the relationship between legal immigration and illegal immigration is complicated enough to justify an essay all of its own. Here is a sample: Many illegal immigrants, especially many Mexicans, argue that there would be less illegal immigration into the US if there were more doors open through legal immigration. Yet, as I show below, to a considerable extent legal immigration facilitates illegal immigration and thus increases the numbers of illegal immigrants. So the numerical relationship between the two appears both negative and positive. In a co-authored article (referenced in Footnote 2) I examined the complex links between legal and illegal immigration in the special and numerically important case of Mexicans. Though that article dates back to 2009, it remains remarkably current in some respect. In the present essay I only refer tangentially to illegal immigration and only insofar as it serves my main object. Continue reading
Most arguments for open borders are phrased in terms of universalized moral obligations to non-citizens. These obligations are usually phrased as “merely” negative (eg., that Americans have a duty to not impede the movement an impoverished Mexican worker or Syrian refugee seeking a better life) rather than positive (eg., that the first obligation does not imply that Americans have a duty to provide, for example, generous welfare benefits to immigrants and refugees), but are phrased as obligations based on people in virtue of their rationality rather than nationality nonetheless.
Whether they be utilitarian, moral intuitionist, or deontological, what these arguments assume is that nation of origin isn’t a “morally relevant” consideration for one’s rights to immigrate and rely on some other view of moral relevance implicitly as an alternative to try and cement a purely moral solidarity that extends beyond national border. They have in common an appeal to a common human capacity to have rights stemming from something metaphysically essential to our common humanity.
Those arguments are all coherent and possibly valid and are even the arguments that originally convinced me to support open borders. The only problem is that they are often very unconvincing to people skeptical of immigration because they merely beg the question of that moral obligation is irrelevant with respect to nationality. As one of my critics of one of my older pieces on immigration observed, most immigration skeptics are implicitly tribalist nationalists, not philosophically consistent consequentialists or deontologists. They have little patience for theoretical and morally pure metaphysical arguments concluding any obligation, even merely negative, to immigrants. They view their obligations to those socially closer to them as a trump card (pardon the pun) to any morally universalized consideration. So long as they can identify with someone else as an American (or whatever their national identity may be) they view their considerations as relevant. If they cannot identify with someone else based on national identity, they do not view an immigrant’s theorized rights or utility functions as relevant.
There are still several problems with this tribalist perspective, given that nation-states are far from culturally homogenous and cultural homogeneity often transcends borders in some important respects, why does one’s ability to “identify” on the basis of tribal affiliation stop at a nation-state’s borders? Further, there are many other affinities one may have with a foreigner that may be viewed as equally important, if not more important, to one’s ability to “identify” with someone than national citizenship. They may be a fellow Catholic or Christian, they may be a fellow fan of football, or a fellow manufacturing worker, or a fellow parent, etc. Why is “fellow American” the most socially salient form of identification and allows one to keep a foreigner in a state tyranny and poverty, but not whether they are a “fellow Christian” or any of the many other identifiers people find important?
However, these problems are not taken seriously by those who hold them because tribalist outlook isn’t about rational coherence, it is about non-rational sentimental feelings and particularized perspectives on historical affinities. Even if a skeptic of immigration takes those problems seriously, the morally pure and universalizing arguments are no more convincing to a tribalist.
I believe this gets at the heart of most objections Trump voters have to immigration. They might raise welfare costs, crime, native jobs lost, or fear of cultural collapse as post-hoc rationalizations for why they do not feel solidarity with natives, but the fact that they do not feel solidarity due to their nationalist affinities is at the root of these rationalizations. Thus when proponents of open borders raise objections, be it in the form of economic studies showing that these concerns are not consistent with facts or by pointing out that these are also concerns for the native-born population and yet nobody proposes similar immigration restrictions on citizens, they fall on deaf ears. Such concerns are irrelevant to the heart of anti-immigrant sentiment: a lack of solidarity with anyone who is not a native-born citizen.
In this essay, drawing from the sentimentalist ethics of David Hume and the perspective on liberal solidarity of Richard Rorty, I want to sketch a vision of universalized solidarity that would win over tribalists to the side of, if not purely open borders, at least more liberalized immigration restrictions and allowance for refugees. This is not so much a moral argument of the form most arguments for open borders have taken, but a strategy to cultivate the sentiments of a (specifically American nationalist) tribalist to be more open to the concerns and sympathies of someone with whom they do not share a national origin. The main goal is that we shouldn’t try to argue away people’s sincere, deeply held tribalist and nationalist emotions, but seek to redirect them in a way that does not lead to massive suffering for immigrants.
Rorty on Kantian Rationalist and Humean Sentimentalist Arguments for Universalized Human Rights
In an article written by American pragmatist philosopher Richard Rorty called “Rationality, Sentimentality, and Human Rights,” he discusses two strategies for expanding human rights culture to the third world. One, which he identifies with philosophers such as Plato and Kant, involves appealing to some common faculty which all humans have in common—namely rationality—and claim all other considerations, such as kinship, custom, religion, and (most importantly for present purposes) national origin “morally irrelevant” to whether an individual has human rights and should be treated as such. These sort of arguments, Rorty says, are the sort that try to use rigorous argumentation to answer the rational egoist question “Why should I be moral?” They are traced back to Plato’s discussion of the Ring of Gyges in the Republic through Enlightenment attempts to find an algorithmic, rational foundation of morality, such as the Kantian categorical imperative. This is the sort of strategy, in varying forms, most arguments in favor of open borders try to pursue.
The second strategy, which Rorty identifies with philosophers such as David Hume and Annette Baier, is to appeal to the sentiments of those who do not respect the rights of others. Rather than try to answer “Why should I be moral?” in an abstract, philosophical sense such that we have a priori algorithmic justification for treating others equal, this view advocates trying to answer the more immediate and relevant question “Why should I care about someone’s worth and well-being even if it appears to me that I have very little in common with them?” Rather than answer the former question with argumentation that appeals to our common rational faculties, answer the latter with appealing to our sentimental attitudes that we do have something else in common with that person.
Rorty favors the second Humean approach for one simple reason: in practice, we are not dealing with rational egoists who substitute altruistic moral values with their ruthless self-interest. We are dealing with irrational tribalists who substitute more-encompassing attitudes of solidarity with less-encompassing ones. They aren’t concerned about why they should be moral in the first place and what that means, they are concerned with how certain moral obligations extend to people with whom they find it difficult to emotionally identify. As Rorty says:
If one follows Baier’s advice one will not see it as the moral educator’s task to answer the rational egoist’s question “Why should I be moral?” but rather to answer the much more frequently posed question “Why should I care about a stranger, a person who is no kin to me, a person whose habits I find disgusting?” The traditional answer to the latter question is “Because kinship and custom are morally irrelevant, irrelevant to the obligations imposed by the recognition of membership in the same species.” This has never been very convincing since it begs the question at issue: whether mere species membership is, in fact, a sufficient surrogate closer to kinship. […]
A better sort of answer is the sort of long, sad, sentimental story which begins with “Because this is what it is like to be in her situation—to be far from home, among strangers,” or “Because she might become your daughter-in-law,” or “Because her mother would grieve for her.” Such stories, repeated and varied over the centuries, have induced us, the rich, safe and powerful people, to tolerate, and even to cherish, powerless people—people whose appearance or habits or beliefs at first seemed an insult to our own moral identity, our sense of the limits of permissible human variation.
If we agree with Hume that reason is the slave of the passions, or more accurately that reason is just one of many competing sentiments and passions, then it should come as no surprise that rational argumentation of the form found in most arguments for open borders are not super convincing to people for whom reason is not the ruling sentiment. How does one cultivate these other sentiments, if not through merely rational argumentation? Rorty continually comments throughout his political works that novels, poems, documentaries, and television programs—those genres which tell the sort of long sad stories commented on above—have replaced sermons and Enlightenment-era treatises as the engine of moral progress since the end of the nineteenth century. Rational argumentation may convince an ideal-typical philosopher, but not many other people.
For Rorty, the application of this sentimental ethics had two main purposes, the first of which is mostly irrelevant for present purposes and the second of which is relevant. First, Rorty wanted to make his vision of a post-metaphysical, post-epistemological intellectual culture and a commonsensically nominalist and historicist popular culture compatible with the sort of ever-expanding human solidarity necessary for political liberalism; a culture for which the sort of algorithmic arguments for open borders I mentioned in the first half of this article would not seem convincing for more theoretical reasons than the mere presence of nationalist sentiment. Though that is an intellectual project with which I have strong affinities, one need not buy that vision for the purposes of this article—that of narrowly applying sentimental ethics to overcome nationalist objections to immigration.
The second, however, was to point out a better way to implement the liberal cultural norms to prohibit the public humiliation of powerless minorities. The paradigmatic cases Rorty says such a sentimental education has application are how Serbians viewed Muslims, how Nazis viewed Jews, or how white southern Confederates viewed African-American slaves. Though those are far more extreme cases, it is not a stretch to add to that list the way Trump voters view Muslim refugees or Mexican migrant workers.
A Rortian Case against Rortian (and Trumpian) Nationalism
Though Rorty was a through-and-through leftist and likely viewed most nationalist arguments for restricting immigration and especially keeping refugees in war-zones with scorn, there is one uncomfortable feature of his views for most radical proponents of immigration. It does leave very well open the notion of nationalism as a valid perspective, unlike many of the other arguments offered.
Indeed, Rorty—from my very anarchist perspective—was at times uncomfortably nationalist. In Achieving Our Country he likens national pride to self-respect for an individual, saying that while too much national pride can lead to imperialism, “insufficient national pride makes energetic and effective debate about national policy unlikely.” He defended a vision of American national pride along the lines of Deweyan pragmatism and transcendentalist romanticism as a nation of ever-expanding democratic vistas. Though radically different from the sort of national pride popular in right-wing xenophobic circles, it is a vision of national pride nonetheless and as such is not something with which I and many other advocates of open borders are not sympathetic with.
Further, and more relevant to our considerations, is he viewed national identity as a tool to expand the sort of liberal sentiments that he wanted. As he wrote in Contingency, Irony, and Solidarity:
Consider, as a final example, the attitude of contemporary American liberals to the unending hopelessness and misery of the lives of the young blacks in American cities. Do we say these people must be helped because they are our fellow human beings? We may, but it is much more persuasive, morally as well as politically, to describe them as our fellow Americans—to insist it is outrageous that an American to live without hope. The point of these examples is that our sense of solidarity is strongest when those with whom solidarity is expressed are thought of as “one of us,” where “us” means something smaller and more localized than the human race.
It is obvious why many critics of immigration restrictions would view this attitude as counterproductive. This type of description cannot be applied in many other scenarios at all relevant to questions of immigration at all. Liberalism, in the sense Rorty borrowed from Shklar (and also the sense which I think animates much of the interest in liberalized immigration policies), as an intense aversion to cruelty is concerned with merely ending cruelty as such. It wants to end cruelty whether it be the cruelty of the American government to illegal immigrants or suffering of native-born African-Americans as a result of centuries of cruelty by racists. This is surely something with which Rorty would agree as he writes elsewhere in that same chapter:
[T]here is such a thing as moral progress and that progress is indeed in the direction of greater human solidarity. But that solidarity is not thought of as recognition of a core self, the human essence, in all human beings. Rather, it is thought of as the ability to see more and more traditional differences (of tribe, religion, race, customs, and the like) as unimportant when compared to the similarities with respect to pain and humiliation—the ability to think of people wildly different from ourselves in the range of ‘us.’
Surely, that moral progress doesn’t stop at the unimportant line of a national border. The problem is that appeals to national identity of the sort Rorty uses, or of mythologized national histories, do stop at the border.
Rorty is right that it is easier for people to feel a sense of solidarity with those for whom there are fewer traditional differences, and that no amount of appeal to metaphysical constructions of human rationality will fully eclipse that psychological fact. However, the problem with forms of solidarity along national identity is it is much easier for people to stop there. In modern pluralistic, cosmopolitan societies such as America, it is hard for someone to stop their sense of solidarity at religion, tribe, custom and the like. This is because the minute they walk out the door of their home, the minute they arrive at their workplace, there is someone very close to them who would not fit that sense of solidarity yet someone for whom they would still feel some obligation, just based off of seeing the face of that person, off of mere proximity.
Stopping the line at national identity is much easier since many Americans, particularly those in the midwestern and southeastern states which gave Trump his presidency, will rarely interact with non-nationals on a regular basis while they will more likely interact with someone who is more distant from them in other ways. While other forms of solidarity are unstable for most because they are too localized, nationalism is stable because it is too general to be upset by experience of others while not general enough to be compatible with liberalism. Moral progress, if we pursue Rorty’s explicitly nationalist project, will halt at the national borders and his liberal project of ending cruelty will end with it. There is an inconsistency between Rorty’s liberalism and his belief in national pride.
Further, insisting “because they are American” leads people to ask what it means to “be American,” a question which can only be answered, even by Rorty in his description of American national pride, by contrast with what isn’t American (see his discussion of Europe in “American National Pride). It makes it difficult to see suffering as the salient identifier for solidarity, and makes other ‘traditional’ differences standing in the way of Rorty’s description of moral progress as more important than they should be. Indeed, this is exactly what we see with most xenophobic descriptions of foreigners as “not believing in American ideals.” Rorty’s very humble, liberalized version of national pride faces a serious danger of turning into the sort of toxic, illiberal nationalism we have seen in recent years.
Instead, we should substitute the description Rorty offers as motivating liberal help for African-Americans in the inner city ,‘because they are American,’ with the redescription Rorty uses elsewhere: ‘because they are suffering, and you too can suffer and have suffered in the past.’ This is a sentimental appeal which can apply to all who are suffering from cruelty, regardless of their national identity. This is more likely to make more and more other differences seem unimportant. As Rorty’s ideas on cultural identity politics imply, the goal should be to replace “identity”—including national identity—with empathy.
Thus, in making an appeal to Rorty’s sentimentalism for open border advocates, I want to very clearly point out how it is both possible and necessary to separate appeals to solidarity and sentiment from nationalism to serve liberal ends. This means that the possibility of nationalist sentiments of seeming acceptable to a non-rationalist form of ethics should not discourage those of us skeptical of nationalism from embracing and using its concepts.
Sentimental Ethical Appeals and Liberalized Immigration
The application of this form of sentimental ethics for people who merely want to liberalized immigration should be obvious. Our first step needs to be to recognize that people’s tribalist sentiments aren’t going to be swayed by mere rationalist argumentation as it merely begs the question. Our second step needs to be to realize that what’s ultimately going to be more likely to convince them aren’t going to get rid of people’s tribalist sentiments altogether, but to redirect them elsewhere. The goal should be to get people to see national identity as unimportant to those sentiments compared to other more salient ones, such as whether refugees and immigrants are suffering or not. The goal should be for nationalists to stop asking questions of immigrants like “Are immigrants going to be good Americans like me?” and more “Are they already people who, like me, have suffered?”
This does not mean that we stop making the types of good academic philosophical and economic arguments about how immigration will double the global GDP and how rights should be recognized as not stopping with national identity—those are certainly convincing to the minority of us to whom tribalism isn’t an especially strong sentiment. However, it does mean we should also recognize the power of novels like Under the Feet of Jesus or images like the viral, graphic one of a Syrian refugee child who was the victim of a bombing which circulated last year. The knowledge that Anne Frank’s family was turned down by America for refugee status, the feelings of empathy for Frank’s family one gets from reading her diary, the fear that we are perpetuating that same cruelty today are far more convincing than appeals to Anne Frank’s natural rights in virtue of her rational faculties as a human being.
Appeals to our common humanity in terms of our “rational faculties” or “natural rights” or “utility functions” and the like are not nearly as convincing to people who aren’t philosophers or economists as appeals to the ability of people to suffer. Such an image and sentimental case is far more likely to cultivate a cosmopolitan solidarity than Lockean or Benthamite platitudes.
Rorty, Richard. “American National Pride: Whitman and Dewey.” Achieving our Country: Leftist Thought in Twentieth Century America. Rpt. in The Rorty Reader. Ed. by Christopher J. Voparil and Richard J. Bernstein. Malden: Blackwell Publishing Ltd, 2010. 372-388. Print.
Rorty, Richard. “Human Rights, Rationality, and Sentimentality.” On Human Rights: The Oxford Amnesty Lectures. Rpt. in The Rorty Reader. Ed. by Christopher J. Voparil and Richard J. Bernstein. Malden: Wiley-Blackwell Publishing Ltd, 2010.
Rorty, Richard. Contingency, Irony, and Solidarity. Cambridge: Cambridge University Press, 1999. Print.
There are two meanings here. I’ll define them below:
- There are open borders, where borders are open and anyone can move between them
- There are Open Borders, where borders to rich states are open to people from poor states, but the borders to poor states are closed to immigration
Open borders are fairer than closed borders. If people can move from poor states to rich ones, that’s good. But what about people who want to move from rich states to poor ones? Open Borders addresses the first issue but not the second one. Libertarians are enamored with the second type of open borders these days, for a couple of reasons. The main reason, and the only one I’m going to name here, is that most of us are pragmatic and therefore support any kind of liberalization in labor markets we can get. If we can get our respective polities to open up their borders to poor migrants, so be it. Let’s do this in any way we can.
But what we are advocating for is not open borders. It’s labor market liberalization. I understand the need for sloganeering these days. I get it. Y’all are thinking on the margin. I’m all for Open Borders.
How, though, do we get actual open borders?
How can senior citizens from the US have the freedom to choose retirement in not only Florida or Oregon, but Tamaulipas or Veracruz, too?
How can middle class Californians have the freedom to choose between not only Texas or Colorado for relocation, but Chihuahua or Neuvo Leon?
My answer is, of course, federation, but I also realize my argument is politically unfeasible for the time being (even though it’s an old argument). Any other ideas, or is Open Borders the best we can do for now?
In response to my recent post on immigration, fellow Notewriter Matthew Strebe asserts two main objections to my defense of open borders: freedom of movement is not a right in the first place so immigration restrictions are not violating anyone’s rights, and that citizenship is relevant to the debate over the impact of policies. In order to make the case for the first, Strebe relies on Hans-Hermann Hoppe’s anarcho-capitalist counterfactual, which has been debated at length over the past twenty or so years by libertarians. I think the second argument is inconsistent with the first and winds up begging the question. Before I delve into the argument, I should mention that I neglected to bring it up in my first post because I hadn’t really seen many people bring it up in recent years and was addressing arguments which I considered most pertinent to the current discussion on this topic among libertarians. That said, it is worth addressing again since Mr. Strebe has brought it up.
The Anarcho-Capitalist Counterfactual
Mr. Strebe presents the argument that the right to freedom of movement is not really a right at all because, in the absence of a state, people would not have the right to traverse across owned property, and ultimately free movement would become a privilege to be handed out at the whims of private property owners, an argument originally made by Hans-Hermann Hoppe.
This argument gets off to a bad start when Mr. Strebe, quoting Hoppe, claims the argument for free movement to work “it is – implicitly – assumed that the territory in question is unowned, and that the immigrants enter virgin territory (open frontier).” This assumption need not be made. Typically, when an immigrant seeks to come to another country they want to buy or rent some previously owned property which is being voluntarily sold or rented out to them. This would be perfectly acceptable under anarchism as, without a state to control who can contract with whom, there is little reason why person A can’t contract with person B just because a third party forces A away. Even from Hoppe’s perspective, borders are arbitrary; and this is hinted at when Hoppe himself calls them “unnatural” and “coercive.”
Even ignoring this, Mr. Strebe continues:
In Hoppe’s example of an anarcho-capitalist society, all land is privately owned, and so freedom of movement becomes absurd. How could one individual have the untrammeled ability to traverse another person’s property? The only proper relation is one of mutual freedom of association – one property owner may decide to hang out with, say, Mexicans, while another would not. Freedom of movement becomes dependent on individual consent, which in turn (using the historical example of the monarchy) is based on calculated self-interest. This leads to another possibility: all property owners could willingly confederate and decide they will not associate with Mexicans or some other group, and freedom of movement to that group, such as it was, ceases to exist. Thus, freedom of movement as a human right is absurd in an anarcho-capitalist society because there is no freedom to traverse the unowned land.
Even though this federation could hypothetically happen under anarchism, this does not mean freedom of movement is a farce. Freedom of movement does not simply mean freedom to traverse land, it also means freedom to buy land regardless of location, or contract with other consenting individuals regardless of location. Immigration restrictions not only forbid movement across land, they also forbid freedom of contract. When I said “freedom of movement,” I was referring to a bundle of rights. Even if you do not accept that freedom to traverse land is a human right other rights would exist under anarcho-capitalism are still trampled upon by immigration restrictions.
Further, what government does by restricting immigration is not at all analogous to what happens when a private owner of land puts up no trespassing signs. Government not only restricts immigrants from entering publicly owned land (such as the area near the border, or national parks), they also restrict the immigrants from entering privately owned land, most of which they would be welcome to buy up for themselves or work on by its rightful owners, simply because that land is on the other side of a line in the sand called the border. It would be as if two people agreed to contract together on a piece of privately owned land in anarcho-capitalism, yet a third person who owned another piece of land unaffected by the contract used force to stop the contract from happening. Government is not only restricting movement to land that it properly owns, but it also restricts movement to lands privately held by its citizens.
Hoppe himself acknowledges this in his discussion of “forced exclusion:”
Now, if the government excludes a person while even one domestic resident wants to admit this very person onto his property, the result is forced exclusion (a phenomenon that does not exist under private property anarchism). Furthermore, if the government admits a person while there is not even one domestic resident who wants to have this person on his property, the result is forced integration (also non-existent under private property anarchism).
Of course, Hoppe still favors immigration restrictions because he believes it will result in more “forced integration,” a point Mr. Strebe brings up which will be addressed at length in a moment. My point: even under Hoppe’s own argument, it is incorrect to say “in a monarchy, the king owns all the land, and in a democracy, an association of elected bureaucrats holds sovereignty over all land[.]” The government doesn’t own all the land, private citizens do. Restricting citizens from voluntarily contracting with non-citizens is, in fact, restricting those citizens’ own freedom of association as well.
But even if we concede that government owns some public land, this would still not be analogous to anarcho-capitalism as Hoppe argues for it. For Hoppe, the state is illegitimate in the first place because it acquires its existence (including the ownership of public land) through an immoral monopoly on force. To bring back the example of anarchism, suppose that I claimed ownership over all the land in a region which I gained by killing the previous owners and forcing everyone else on the territory into submission with guns. Does this grant me the moral right to stop people from moving onto land I stole and do not rightfully own? If so, then we have an extremely perverse notion of property rights. Government doesn’t really “own” any property, it steals it through force. Private citizens own most of the land within a geopolitical border to begin with, and the land the government does own it does not rightfully own as it only acquires land through coercion.
Even if we grant that anarcho-capitalism would end all immigration and freedom of movement, how does this carry any normative force for what policies an existing state should have? As Don Boudreaux points out, under anarcho-capitalism, one is not allowed to speak freely on private property, and hypothetically a group of property owners could form a federation and ban the expression of certain opinions. Does this mean the government is justified in restricting free speech in publicly owned areas, or in the nation at large? Of course not. Further, no one would argue that this makes “freedom of speech” a farce as a human right because there is a scenario in which it hypothetically wouldn’t exist in its pure form under anarcho-capitalism.
This brings us to the point about “forced integration.” To call allowing individuals to contract with other members of a nation-state or own land in a nation state “forced integration” is really bizarre. As Don Boudreaux argues:
[L]abeling open immigration as “forced integration” is disingenuous. Such a practice is identical to labeling the First Amendment’s protection of free speech as “forced listening.” But keeping government from regulating speech is not at all the same thing as forcing people to listen. Likewise, allowing people to immigrate to America is not the same thing as forcing Americans to associate against their wills with immigrants. Under a regime of open immigration, I need not hire or dine with anyone whom I don’t wish to hire or dine with. Indeed, whenever government restricts immigration it coercively prevents me, as an American, from hiring or dining with whoever I choose to hire or dine with. An immigrant who receives no welfare payments engages only in consensual capitalist acts with those (and only those) domestic citizens who choose to deal with the immigrant. Just as trade restraints are, at bottom, restrictions on the freedoms of domestic citizens, so, too, are immigration restraints restrictions on the freedoms of domestic citizens.
As Walter Block and Anthony Gregory point out, this type of argument could justify many other statist interventions:
Hoppe’s position that keeping illegals off public property because of their supposed “invasiveness” could easily be extended to other matters, aside from free trade. Gun laws, drug laws, prostitution laws, drinking laws, smoking laws, laws against prayer—all of these things could be defended on the basis that many tax-paying property owners would not want such behavior on their own private property. Such examples are hardly without a real-world basis. Large numbers of Americans would not allow guests in their homes if those guests had machineguns or crack cocaine in their possession. The principle of the freedom to exclude and set conditions for entry onto private property simply cannot be extended to the socialized public sphere, or else all sorts of unlibertarian, illiberal policies could be as easily justified as border controls. In other words, just because an individual—or many individuals—would not want act X to occur on their property does not mean that, according to libertarian law, it can be prohibited as a general principle, even on so-called “public property.”
To me, forced integration as a concept is incoherent. Allowing someone to exist within geopolitical borders is not the same as forcing others to associate with that person. It confuses the public-private distinction, which has been fundamental to classical liberal thought throughout the entire tradition.
But even if we accept it as a legitimate argument, Mr. Strebe and Hoppe need to prove why “forced integration” is more of a problem than “forced exclusion.” They believe they have shown this under democracies because democratic politicians will be a more predominant problem in democracies because democratic leaders are more likely to admit stupid riff-raff who will vote for them rather than people who the landowners would not want to associate with. Empirically, this argument seems implausible. If this were the case, then why does the US government need to forcibly stop private citizens from engaging in labor contracts with illegal immigrants?
But even if this were the case, wouldn’t that be an argument in favor of open borders? Open borders as a policy mean that democratic politicians can make no judgments on who can and cannot enter the country, including the “bums” and “parasites” Hoppe doesn’t like get in as well as the immigrants “superior” people would want to associate with. If the citizenry truly do not want to associate with these “bad” immigrants then the immigrants will have problems finding others to contract with (meaning they won’t find a job and will be destitute), face severe social exclusion by the citizens, and will be less likely to immigrate in the first place or will go back to their country due to their misery here. Freedom of association would win out under open borders. Why would closed borders—when democratic politicians really are the only ones making decisions about who can come into the country and who cannot—result in more forced integration than open borders?
Hoppe does have somewhat of a response to this when he points out how government owned roads and non-discrimination laws will increase “forced integration.” But as Alexander Funcke argues, these arguments are based on some pretty faulty assumptions:
As he notes that migrants may “proceed on public roads and lands to every domestic resident’s doorsteps […] and to access, protected by a multitude of non-discrimination laws, […]”, etc., he need to explain why they would be a greater nuance than the current population. To argue this, he claim a strong human ethno-cultural homophilia, e.g.: “[In a residential area, the] desire for undisturbed possession—peace and quite—is best accomplished by a high degree of ethno-cultural homogenity.” This claim, hinges on two questionable assumptions. First, that the ethno-cultural distances within countries dwarfs the between-state distances. This is far from obvious, New York City and London seem ethno-culturally closer than the two U.S. cities, New York City, NY, and Albuquerque, NM. El Paso, TX, seem closer to El Ciudad Juarez, Mexico, than to Boston, MA. Secondly, as Thomas Schelling and many after him has shown, what on the surface look like strong homophily often is a product of path-dependency and at most weak preference for at least someone similar.
Even if “forced integration” were a coherent concept and more of a prevalent problem, that in itself wouldn’t refute a policy of open borders. Many immigrants choose to relocate because of conditions of poverty or oppression, to find for themselves a better life. Is it just that the state should forcibly keep non-citizens impoverished simply because some citizens feel uncomfortable existing in the same geopolitical borders as someone they do not like? It’s a pretty counter-intuitive and morally questionable argument to make.
In sum, border restrictions are not consistent with anarcho-capitalism because they restrict freedom of contract and freedom of association as well as freedom of movement, even if you deny that freedom of movement is a fundamental human right. And even if anarcho-capitalism would abolish immigration, that carries no normative force for why existing states should do so.
Ingroup vs. Outgrouping on Citizenship is Inconsistent with Anarcho-Capitalism
Mr. Strebe thinks that he can show why my reduction ad absurdum doesn’t work because it is enforced on non-citizens and not citizens:
[I]t assumes there is an equivalency between immigration and any other government policy, such as Medicare or eugenics. Without such an equivalency, Mr. Woodman’s appeal to the faulty logic of his interlocutors’ argument falls apart, as his own argument no longer possesses the balance between its two examples it relies upon for its logical and persuasive force. Here’s the problem: Medicare or eugenics are internal policies that affect the ingroup, the citizenry, only. Immigration is an external policy that affects both an outgroup, the immigrants, and the ingroup, the citizenry.
This is simply begging the question: why would such an ingroup-outgroup dynamic in regards to citizenship be morally relevant in the first place? Mr. Strebe tries to address this in his conclusion:
It should be clear that this is a non-sequitur: non-citizens do not have rights to the sovereign territory of a country, which is held either by private citizens or the public. The government does not restrict their rights when it refuses to grant them the privilege of traversing land that is publicly held for the ingroup because they had no rights to that land to begin with. Because the government is nominally beholden to the ingroup, and not to any outgroup, rights discourse concerning the outgroup is fundamentally absurd when considered in terms of Hoppe’s arguments.
I’m not sure why asking for a major premise to be justified is a non-sequitur, but Hoppe’s arguments are contradictory with what Mr. Strebe says here. Hoppe’s argument hinges on the idea that the government and its citizens are the only ones who have the right to exist within a nation. Here’s how Mr. Strebe’s argument above works, correct me if I’m wrong:
- If an individual or group has rightful ownership over a property, they may rightfully exclude others from trespassing on the property.
- The government and its citizens rightfully own the territory within a nation-state.
- Therefore, the government is justified in prohibiting non-citizens from entering a nation-state but not citizens.
How does 2 at all follow from Hoppe’s argument? Hoppe claims that government is an illegitimate monopoly on force. If this is the case, how can the state have rightful sovereign ownership over any property in the first place? If it is the case that the state is illegitimate, and the ingroup-outgroup of citizenship and borders distinction is itself only a result of the state’s “unnatural” existence (which Hoppe himself admits), then how can you claim that only citizens as defined by an illegitimate government “have sovereign rights over the territory of a country?” It’s an argument that is inconsistent with the whole premise of anarcho-capitalism in the first place, and again confuses the private nature of property ownership with the coercive, public nature of government. If it is the case that the distinction between non-citizens and citizens is simply the result of the illegitimate, arbitrary use of government force, then the analogies to Medicare and eugenics are still valid.
I think this whole discussion is misleading because I do not believe in deontological natural rights and think Hoppe’s conception of property is untenable in the first place. Despite this, Mr. Strebe and Hoppe’s anarcho-capitalist counterfactual fails on its own terms. A state which stops its citizens from contracting with non-citizens is a fairytale in the absence of the state because the concept of “citizen” and “noncitizen” is dependent on the existence of the state in the first place. Of course, property owners could prohibit certain individuals from trespassing on their property, but that is not at all analogous with what the state does when it restricts immigration. And even if we accept everything about the anarcho-capitalist counterfactual argument, there still is no moral reason to treat non-citizens differently than citizens.
But Mr. Strebe is right about one thing: my original post did not address the problem of tribalism, which I agree is the root cause of most opposition to immigration, but that seems to be a separate issue from Hoppe’s argument and I don’t see very many libertarians making purely tribalist arguments. There are two ways to coherently argue that my reductio ad absurdum is invalid: 1) by claiming that there is some moral reason for treating citizen’s rights differently than non-citizens (tribalism) or 2) by claiming that immigration restrictions are not really violating anyone’s rights in the first place. Hoppe’s argument doesn’t make a libertarian case for tribalism: at most, it can make the case that freedom of movement isn’t really a right and so immigration restrictions are not rights-violations. I believe it fails to make this case, but that’s a separate argument from tribalism. Even if I agree that freedom of movement understood simply as the ability to traverse land isn’t a right, I can easily reply: “Sure, freedom of movement per se isn’t a right, but immigration restrictions also violate freedom of contract, so the reductio still stands.” If Mr. Strebe wants to show why the reductio ad absurdum is invalid, he will need to 1) provide an argument for why treating citizens differently than non-citizens, or tribalism, is justified or 2) show that freedom of contract isn’t really a right or that immigration restrictions do not really violate this right.
I thank Mr. Strebe for this opportunity to discuss these topics with him, and look forward to his response.
 It is worth noting at this point that I think that discussion over who has the “natural right” over property based on past ownership is not the best way to approach property rights, which are themselves an ever-changing result of tacit knowledge and spontaneous order, see Hayek’s discussion of property in chapter two of the Fatal Conceit. Also, I think Hoppe’s vision of anarcho-capitalism is likely not what would happen and tends too far in the direction of a perverse crytpo-feudalism. However, the point is that to say government owns property and therefore is justified in forcibly controlling who can or cannot enter a country is inconsistent with Hoppe’s own deontological arguments against government in the first place.
 At this point, it is worth mentioning that David Gordon argues this is not self-evidently absurd because we do not talk about “rights” when discussing the use of public land, but prudential consequences. So it is fine to restrict the “riff raff” in, for example, an airport just as it is fine to restrict movement across public roads. Even if we accept this premise, then Hoppe’s argument that we should not consider consequences and only the morality of immigration, which is how he starts his argument, is thrown out the window and we are going into the realm of consequentialist arguments, which Hoppe admits are in favor of pro-immigration even with the added caveat that economic growth isn’t the end-all-be-all of welfare because value is subjective. Hoppe’s argument against immigration will then have to hinge entirely on consequentialist cultural-based argument, such as his rhetoric about “forced integration.”