This is probably the best and most comprehensive set of proposals for immigration reform that I have seen to date in the sense of upholding humanitarian values, while giving due consideration to everyone’s interests.
By Nathan Smith
My fundamental convictions have not changed: I support open borders. And yet one can’t tilt at windmills too long without feeling a sense of futility and even foolishness. We may have had an impact. We have been noticed in high places, a little. But of course there is no prospect of open borders being adopted as official policy in any of the world’s developed countries anytime soon. Meanwhile, there is room for reasonable hope that immigration policy will move quite a ways in the right direction, and for reasonable fear that it will move far in the wrong direction, in the coming years, and it’s far from clear that advocating open borders is the best way to help accomplish the former, or avoid the latter. To advocate open borders, assuming, as seems likely, that that aim cannot be achieved for decades at least, can only help indirectly, e.g., by expanding the “Overton window,” and might plausibly hurt, by provoking a restrictionist reaction against an open-borders bogeyman. For those idealists who really want to know what justice demands, we’ve explained that. I’d be happy to explain it again, debate it, whatever. But the value of refining the case for open borders still further seems doubtful until there’s evidence that people exist who really want to do the right thing, have read what has been argued so far, and are still unconvinced. My impression is that among people with a thorough exposure to the public case for open borders, as it has been made here and elsewhere, the insufficiency of the arguments offered is not a very important factor in any failure to persuade. Some of the unconvinced just aren’t very smart, while more aren’t good enough to do the right thing when they start to see it, so they bluster and stonewall and scoff.
So in this post, I’m going to attempt something a bit different, involving an unaccustomed degree of compromise. I’m going to lay out a policy platform that, while falling well short of open borders, lies, I think, at the radical end of what might actually find a coalition to carry it through to success in the United States in the near future. It doesn’t institute open borders. If passed, deportations would still occur, and billions who would benefit from immigrating would be excluded from the territory of the United States permanently from birth. Indeed, the centerpiece of this proposed policy, the Residents’ Bill of Rights, wouldn’t increase at all the number of people enjoying a definite legal right of residence, much less a path to citizenship. But it would ensure that all those residing in the United States would be treated a little more justly. It would make it harder to backslide into a harsh enforcement regime or a reduction of immigrant numbers. It would give the foreign born, however they got there, a certain dignity and a certain security. It would cause many acts of wickedness, many violations of fundamental human rights, to cease. It would give conscientious Americans the right to be substantially less ashamed of the way their government treats immigrants. At the same time, by empowering immigration skeptics to act locally instead of nationally, it would appease some of their more legitimate fears. It would not institute open borders, but I believe it would help to prepare the way.