Problem: Immigration?

Yet another occasional series to inform, provoke, and perhaps even illuminate. In this edition, I’ll spend an initial post describing an issue in terms of what the problem is, and then in a subsequent post posit a solution. Why? Because the one lesson I learned in all the engineering courses West Point foisted on me was: First, Define the Problem. If you get the problem wrong, you’ll get the solution wrong, too. So often, people skip problem definition and jump to solutions. Or they assume everybody agrees with what they think the problem is, then they are amazed when others question their preferred solution.

How does this make sense?

Our first challenge? Immigration, specifically the unapproved movement of large numbers of people across the southwest US-Mexican border. Why is it a problem? According to international law, the first prerequisite for being a state–that is, to be recognized by other states as an equal–is to control one’s territory. This in turn requires demarcating a border and controlling it. If you can’t control some defined territory, you’re not a state. There are various ways to control territory and demarcate a border, from putting up barbed wire and laying mines to just drawing a virtual line: it all depends upon whether someone is contesting the boundary. No one doubts where North Korea is; you’ll get shot if you try to cross in either direction. If you’ve visited Rome, you doubtlessly crossed the line between Italy and the Vatican City (a different, sovereign state under international law) many times without knowing it. No one contests that line (certainly not the Pope nor the Italian government) so it’s not even drawn on the ground, but it still works. On the other hand, many thousands of people contest the southern US border every day by crossing it without permission. So that is a problem.

But how big a problem is it? By historical standards, you might think it’s not much of a problem.

From the US Census Bureau data, as processed by the Migration Policy Institute

Looking at the blue line, we currently have a 15% immigrant share of the population, much as we did in the distant past, when the country’s population was much smaller. After all, we are “a nation of immigrants” as some are fond of saying. But look closely: no American alive today has experienced this level of immigration. You have to go back to 1910 to find equal data. So everyone is experiencing a steadily growing immigrant share of the population. But is that a problem? Depends upon where the trends are headed.

American Community Service data processed by the Center for Immigration Studies

It is always dangerous to simply draw out existing trends, but note that the immigrant population even grew during the Trump administration. Right now, it is soaring, and there is no policy in place to change that. But don’t we need immigrants to keep our population growing, since Americans are having so few children?

It’s true that many US entitlement programs like Social Security and Medicare are predicated on the notion of an ever-growing population. This was the case when the programs were created (Social Security in 1935, Medicare in 1965), and it was a reasonable assumption. Some critics call these programs “ponzi schemes,” which is incorrect: a ponzi scheme makes the creator rich at the expense of everyone else. Social Security and Medicare transfer money from working-age adults to assist the elderly and infirm. The problem is, the math requires a high population growth rate, which isn’t the case any more. And the immigration numbers are nowhere near large enough to offset the aging of the baby-boomer generation. Demographers agree the US would need to double or triple its immigration numbers to make a dent in the funding problem; those are numbers beyond the ken of even the most fervent open-borders advocate.

Finally, in all immigration discussions, one must consider the “who” of immigration: what is the profile of the people entering the country? Many countries use a point system to evaluate immigrants as more or less beneficial as prospective citizens. Most countries accept some number of refugees or asylum seekers; the idea here is to mitigate natural disasters or political upheaval for some period of time as a humanitarian response. And all countries accept some (usually small) level of desired immigration: people permitted to enter simply because they want to.

Except the United States of America. Due to haphazard legislation, judicial rulings, and a general lack of consensus on whether there is a problem and what it might be, the US has no effective policy on who crosses our southern border, how long they stay, or what to do when they arrive here. How incoherent is it?

  • Under the Trump administration, border agents were forcible separating families at the border, in an (publicly-admitted, immoral, yet effective) attempt to dissuade migrants from arriving. Now, in the Biden administration, border agents are directed to admit unaccompanied children (also publicly admitted, just as immoral, more ineffective), so of course, families are sending their children to the border in hopes it all turns out well on the other side.
  • Until the end of the Obama administration, Cubans who arrived on dry land in the US were automatically admitted, but those who attempted to land via boat were returned to Cuba. This policy (in effect for decades) was known as the “wet foot/dry foot” policy to keep Cubans from piling into rickety boats and attempting to cross the dangerous Florida Straits. Now, Venezuelans who arrive at a land border are told to stay in Mexico, but those that apply online and fly into the US are admitted.
  • Migration proponents sponsor educational programs throughout Latin America, explaining how to exploit one interpretation of international law in order to gain asylum status in the United States. Worse still, the numbers of such asylum requests have sky-rocketed, swamping the courts which have a multi-year backlog of cases. Nearly all asylum refugees show up for the hearing; almost 80% are disapproved, but almost none show up for the subsequent deportation hearing. The end result is an elaborate judicial charade with no effect on who enters the country.
  • Refugees are often admitted to the US as a result of natural disaster or political upheaval. Unlike other countries, the refugees are usually grandfathered into some sort of permanent status, and the children they have in the US automatically become US citizens, further complicating the problem. While these numbers are small, the UN estimates the number of climate emergencies will greatly increase in the coming years, increasing the demands for developed states to accept greater numbers of such refugees.

Finally, there are some aspects of the immigration problem that are not, in fact, relevant to the problem at all. These need to be summarily discussed and dismissed, if only to clear the table for the real challenges:

  • The link between drug-smugglers and refugees. This is a wild tangent that should be ignored. Drug smuggling is a multi-billion dollar operation that handles large volumes and evades the government. Refugees carry the clothes on their backs and, due to the ridiculous nature of existing US policies, try to find a border officer to whom to surrender. Sure, somewhere there is a refugee carrying a brick of cocaine, but that’s not the problem. Drug smugglers sometimes use their capabilities to smuggle people, either for human-trafficking or just for refugees who can pay. But it’s a side business at best, and does not affect the overall flow of drugs or people across the border.
  • Terrorists crossing the border. You’ll see some news outlets stating “100 people on the terror watch list were caught crossing the border.” Stop and ask yourself: if we caught 100 terrorists at the border, where are the prosecutions? Certainly DHS or the FBI would be trumpeting this success! There are no prosecutions, because there are no apprehensions of terrorists at the border, because there are no terrorists at the border. There are over two million names in the Terrorist Screening Data Base (TSDB), the master list the US government uses to screen people. The list includes aliases, fictional characters, dead people, any name which has been associated with someone who was a terrorist. Osama Bin Laden is still in the TSDB, because some new terrorist might decide to claim his name in his honor. So what those news reports are really saying is “one hundred people who have names like ones in the TSDB were caught at the border.” And since none of them were prosecuted, we know that the appropriate government agents looked at the individual, and the list, and said “nope, not the guy or gal we’re looking for.” End of story.
  • Refugees are the result of US meddling in other countries. There are a small number of cases where you can tie US involvement directly to refugee status: Vietnamese and Cambodians after the war in Southeast Asia, and Afghanistanis today, for example. But the overwhelming number of refugees have absolutely no (or a tenuous at best) connection to “US meddling.” We’re dealing with Venezuelans and Nigerians and Mexicans, Cubans, Brazilians, Ecuadorans and Romanians. Even the people from the “golden triangle” (Guatemalans and Hondurans and Salvadorans) are refugees from violent, crime-riddled societies that America last politically cared about forty years ago. This argument doesn’t hold up.
  • The US has a moral obligation to accept the world’s refugees, regardless of why they might be refugees. You might see this as an outlandish exaggeration (a straw-man argument, if you will), but I include it since there are very real pro-immigration groups who believe it and profess it. It would seem irresponsible (if not immoral) to me to encourage desperate people to begin the perilous journey to our southern border, to send their children alone across that border, or to place themselves in the hands of coyotes to do so. Yet it happens, all the time. People making this argument do so primarily not to the American public, who would decisively reject it, but they make it to the most vulnerable people in the world. Shame on them.
  • “Chain migration,” the sponsoring of relatives by existing green card/naturalized citizens, is a major problem. This policy, which has been around for over fifty years, was once considered a no-brainer. New would-be immigrants who already had family in the US were considered to be stronger candidates for successful integration, so they were favored. Unfounded stories of distant “cousins” given green-card status caused some to question it, but the statistics say otherwise. The list of relatives is limited, as is the overall number for any year (or from any country). In some cases, the list of potential applicants is decades-long! The policy has a sound basis, and it isn’t a major source of immigration.

After all that, I conclude there is an immigration problem. It is not the relative size of the immigration flow, but its uncontrolled nature. The US does not encourage immigrants that it should, nor discourage others in a coherent way. Our policies make a mockery of the rule of law (always a bad thing), are expensive, and have little effect. External factors (like the pandemic, or the health of the Mexican economy) are far more important determinants of US immigration than US immigration policies.

Next post? Immigration solutions based on this problem definition.