Immigration is quite a thorny subject. The direction you approach agreement or disagreement about immigration from (and the tact with which you do it) can leave you appearing as something you’re not (or maybe you are and just don’t know?). I leave here as a case in point: a recent blog post from Bryan Caplan and a response to it by Gene Callahan. I personally think Callahan has the more proper view on this (although I don’t agree with all of his points), but you decide for yourself.
Tell Me the Difference Between Jim Crow and Immigration Restrictions
Bryan Caplan
Under the Jim Crow laws, discrimination was not merely legal. It was mandatory. It was illegal for blacks to live, work, and shop in certain places. Virtually everyone today regards this as an enormous injustice. So do I. But I question the claim that modern American policy is vastly morally superior. The American government continues to mandate discrimination against an unpopular minority: illegal immigrants. And this mandatory discrimination is far harsher than anything under Jim Crow.
Most obviously:
- Under Jim Crow, there were many places in America where blacks were not legally allowed to live. Under current immigration laws, there is nowhere in America where illegal immigrants are legally allowed to live.
- Under Jim Crow, there were many jobs in America that blacks were not legally allowed to perform. Under current immigration laws, there are no jobs in America that illegal immigrants are legally allowed to perform.
Admittedly, immigration restrictions are not worse than Jim Crow in every possible way. Most notably:
- Illegal immigrants face fewer restrictions on travel. De facto, though not de jure, illegal immigrants are free to use any form of transportation that doesn’t require identification; they can ride trains but not planes. Under the Jim Crow laws, blacks were unable to use many forms of transportation either de jure or de facto.
- The children of illegal immigrants face fewer restrictions on attending public school.
- The Tuskegee Institute estimated that 3,446 blacks were lynched between 1882 and 1968 – about 40 per year. The FBI reported 681 hate crimes against Hispanics in 2010, but only one of these was a murder. Lest we feel too superior, note that according to conservative estimates, several hundred immigrants die crossing the border every year.
The Jim Crow laws were awful. Still, if you had to suffer under Jim Crow or modern immigration laws, Jim Crow seems like the lesser evil.
You could object that our moral obligations to citizens are far higher than our moral obligations to foreigners. But that’s hardly satisfactory. After all, the essence of the segregationist position was the American blacks were not fully-fledged American citizens. Imagine that instead of abolishing Jim Crow laws, the American public had resolved its cognitive dissonance by simultaneously (a) stripping blacks of their citizenship, and (b) declaring that “All citizens are entitled to equal treatment.” Would that have made the Jim Crow laws any less reprehensible?
Another possibility: You could say that the treatment illegal immigrants receive is an appropriate punishment for their law-breaking. This position would be plausible if legal immigration were easy. But for the typical low-skilled immigrant, legal immigration is virtually impossible. The U.S. makes it illegal for most foreigners to live and work here no matter what they do. So how does the treatment they receive in any way fit their “crime”?
But perhaps I’m overlooking some crucial distinction. So tell me: What is the moral difference between Jim Crow and immigration restrictions?
Gene Callahan
I can’t tell a stop sign from a gun, and I can’t tell a green card from a “No Negroes Wanted” sign.
Or so says Bryan Caplan. Bryan asks, “What is the moral difference between Jim Crow and immigration restrictions?” He doubts that anyone can point to anything of substance.
Well, try this out for starters, Bryan: Let’s say I have a house. My family lives in it, as well as a couple of invited guests. If I declared that the one guy who lived with us who happened to be black had to do all of the crap jobs in the house just because he is black, I think we can all agree that would be pretty bogus. Similarly, if I tell him that he is the only person who can’t go in the living room, just because he is black, my bad!
But now ten people show up, uninvited, and slip into the house. I find them in the living room having a party. I tell them they not only can’t be in the living room, but they can’t, in fact, be in the house at all. This is most decidedly not bogus. You see, the thing is, these people are not members of my household. They are uninvited trespassers. I am not discriminating against them based on some fact about themselves that they can’t control, but because they busted in uninvited, something they certainly could control.
But Bryan has an answer: “Another possibility: You could say that the treatment illegal immigrants receive is an appropriate punishment for their law-breaking. This position would be plausible if legal immigration were easy. But for the typical low-skilled immigrant, legal immigration is virtually impossible.”
Ah, now I see where Bryan is going! Let’s imagine the possibility of the average Princeton-graduating, GMU econ professor sleeping with Angelina Jolie by invitation. That ain’t just virtually impossible: it’s like dividing by zero or something of the sort. Therefore, there should be no problem with such a person sleeping with her without an invitation, since his chances otherwise are nil.
Or, since Jolie is not a group, let us consider the New York Knicks. I’d really like to go have a shoot-around with them. You know, I’d be happy to do it by invitation, but getting drafted by the Knicks ain’t easy. Therefore, it’s perfectly OK for me to sneak into their practice and challenge Jeremy Lin to a little one-on-one… and if they kick me out? Well, that would be just like… no, even worse, than… making blacks sit on the back of buses in the pre-1960 South.
The fact of the matter is, if you’re going to have a group, there must be some criteria for who gets in and who is kept out. If the Knicks simply let anyone who wanted to do so wander out on the court at any moment and join in the fun, there would simply be no New York Knicks, but merely an on-court free-for-all. If GMU let anyone who chose to do so simply show up on campus, walk into any classroom at any time, and begin lecturing, there would no longer be any GMU.
And that, I suspect, is what Caplan is actually after: as an anarchist, he doesn’t believe there should be any entity such as the United States, and, as such, he wishes to wipe out any boundaries between being an American and not being an American. And that is an interesting (although I believe flawed) position. But then, Caplan should be more upfront here: we should have no immigration laws because he would like to see the United States cease to exist as a definable group. But that position, obviously, has nothing to do with equating Jim Crow laws with immigration restrictions.
Footnote: I am quite sympathetic to arguments saying that we currently have immigration laws that are perverse and/or too restrictive. And I am quite sympathetic to treating illegal immigrants gently. But Caplan’s argument is not a case for moderation, but for the complete elimination of any distinction between legal and illegal immigrants: a case for nullifying the ability of the United States to make laws within its own jurisdiction, and, as such, a plea for the dissolution of the US as a political entity.