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Immigration Policy and Private Property

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In an article titled, “The Politics of Immigration and National Integration,” Thomas Janoski and Fengjuan Wang declare that due to recent trends, such as the exit of the baby boomers from the work force, economic hardships, and globalization, the politics of immigration is moving from being a background issue for most people to an “explosive issue” that “will be a cauldron of emotion and wills for the next half century.” (630) They also set out to “provide a complex explanation of immigration and naturalization laws” that explains the both the points of view of sender and receiver nations, as well as the support and opposition towards immigration that has almost always crossed party lines. (653) However, it is more likely that universal principles that apply to all human action, immigration / emigration are not exceptions, will be able to bring further clarity to these theories and will also lead to an ethical understanding of how best to address the issue of immigration. The foundation of true liberty is private property, that stems from the right of self-ownership, and it is also the ethical response to immigration and even though this theory will be shown to not be complex in nature, the required paradigm shift from government’s desire to control and people’s dependence on government control will be quite difficult to accomplish.

Janoski and Wang describe how both support and opposition to immigration, in the receiving country, is bi-partisan and bridges interest groups that are normally at odds. Supporters of expanded immigration policy has usually been made up of “largely Democratic ‘cosmopolitans’ who wanted an expansion of citizenship,” that would likely lead to an expanded voter base; and also, “’free market expansionists’ who were more interested in easing labor shortages.” (631) The opposition has been traditionally made up of labor and welfare state advocates, both groups tend to be largely Democratic, who seek to restrict immigration in order to protect the jobs and benefits of existing citizens against competition from immigrants who are usually eligible and possess the appropriate skills to compete with those most dependent on these policies. The other traditional opposition group has been cultural conservatives who wish to preserve the existing culture and limit the influence of “outsiders” on policy or society as a whole. Janoski and Wang then describe four types of politics that decide immigration policy in a receiving country based on how diffuse the costs and/or benefits are: interest group politics, clientelist politics, entrepreneurial politics, and majoritarian politics. However, the overarching theory of cost-benefit analysis is sufficient to provide the causal factors for both support and opposition to immigration. Those who support immigration seek to expand immigration in order to expand their political or member base; lower labor costs; or perceive it is as a means to some other subjective goal. Opposition wishes to protect the status quo or existing citizens, or they also see further expansion of immigration as a threat to their subjective goals. Immigrants themselves perceive that exchanging their current situation for a situation in which they are pressured to assimilate and forced to interact with foreign cultures and people will beneficial in achieving their individual goals. Sending nations support emigration so long as the perceive potential gain from remittances or the return of a more experienced work force; and they oppose emigration when it erodes their revenue base or is subversive in nature.

Since all sides are seeking their own economic benefit, according to what they value most, they are all justified in either their support or opposition. The problem then becomes how can there be an overarching policy that addresses all of their just concerns? The answer is you can’t and if you try you will be arbitrarily choosing winners and losers in the debate and coercing one side to “accept” the views of another group. The most ethical response then is to not have a centralized or overarching policy but many policies based on the preferences of individuals or ideologically homogenous communities and private property as explained by Hans-Hermann Hoppe in, “Democracy—The God that Failed:”

“All land is privately owned, including streets, rivers, airports, harbors, and so on. With respect to some pieces of land, the property title may be unrestricted; that is, the owner is permitted to do with his property whatever he pleases as long as he does not physically damage the property owned by others. With respect to to other territories, the property title may be more or less severely restricted. As is currently the case in some housing developments, the owner may be bound by contractual limitations on what he can do with his property (voluntary zoning), which might include residential versus commercial use, no buildings more than four stories high, [or even as far as] no sale to Jews, Germans, Catholics, homosexuals, Haitians, families with or without children, or smokers for example.

Clearly, under this scenario no such thing as freedom of immigration exists. Rather, many independent private property owners have the freedom to admit or exclude others from their own property in accordance with their own unrestricted or restricted property titles.” (2007, 139)

The end result would be that all groups could pursue their economic interests and values simultaneously and while some communities may have restrictive limitations that are repulsive to the mainstream, the result will be self-segregation of people who hold those repulsive views into their own communities. Also, those communities that have the most successful immigration policies will be imitated by other communities seeking prosperity until the majority of communities strike the most optimal balance in immigration policy.

Works Cited:

Janoski, Thomas A. & Wang, Fengjuan. (2005). Regimes and Contention. In T.A. Janoski, A.M. Hicks, & M.A. Schwartz (Eds.), Handbook of Political Sociology: States, Civil Societies, and Globalization (630-654). Cambridge, UK: Cambridge University Press.

Hoppe, Hans-Hermann. (2007). Democracy—The God that Failed: The Economics and Politics of Monarchy, Democracy, and Natural Order. New Brunswick, New Jersey: Transaction Publishers.

Filed under Immigration, Politics
Apr 29, 2011

Flaws of Equal Employment Opportunity

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The Civil Rights Act of 1964 and the many following bills that modified and added to it has been a great affront to property rights and by extension individual sovereignty. Whether we examine the impacts of “equality of outcome” the Civil Rights Act strives to implement or we examine how the act contradicts core principles, such as an individual’s right to their own person and the fruits of their labor, we will find that the government intervention required by the Civil Rights Act faces serious challenges on both sides of the equation, principles and practical effects.

The Civil Rights Act of 1964, specifically Title VII, prohibited discrimination by employers, with over 15 employees, on the basis of race, color, religion, sex, national origin, or by association with an individual of those factors. In 1967, persons over the age became a protected group; in 1990, persons with disabilities gained protected status; the Genetic Information Nondiscrimination Act of 2008 prohibited discrimination based on genetic information; and all of these bills protect individuals from retaliatory discrimination. (1)

If one accepts that an individual has the right to his own person and the fruits of his labor then one can not be in agreement with this legislation and remain consistent in their principles. The concept of this right is a “negative” one or a right to be free from coercion in regards to your person and the fruits of your labor which creates a situation where no one has the “right” to “compel someone to do a positive act, for in that case the compulsion violates the right of person or property of the individual being coerced.” (2) Many recognize the impracticality of violating this principle when it is not applied to employers. For example, while many find racism to be abhorrent they would not necessarily advocate that individuals be forced to patronize minority owned businesses equally and an ardent feminist would find it difficult that men looking for jobs should be forced by threat of law to submit their resumes to equally qualified female employers. In the first case, many recognize that the consumer has the right to spend his money where he pleases regardless of motivations or character flaws and in the second instance most would see the flaw in coercing a person to apply or accept a job against their will. However, segments of our population choose to ignore these principles when it comes to employers. Is an employer’s person any less their own or is their money, representative of their property and the fruits of their labor, different than the property of the individuals seeking employment. I do not see how one can claim one and not the other without being disingenuous.

Milton Friedman argues that anti-discrimination laws are not necessary to achieve the goal. He states that, “a businessman or an entrepreneur who expresses preferences in his business activities that are not related to productive efficiency is at a disadvantage compared to other individuals who do not. Such an individual is an effect imposing higher costs on himself than are other individuals who do not have such preferences. Hence, in a free market they will tend to drive him out.”(3) Another practical issue with this legislation is that it uses often arbitrary standards in order to designate certain groups “oppressed” or of “minority” status. Our text points out that numbers are of little significance when designating a group a minority but instead their level of “access to positions of power, prestige, and status in society” should be the deciding factor. (4) What this will lead to is endless lobbying from all groups in an attempt to shred the label of “oppressor” in exchange for the benefits of being labeled “oppressed.” Rothbard points out that the different ways to categorize or class people is infinite and research can be done to demonstrate how they all face various barriers to the “access” mentioned above. He also note the impossible task of parodying this movement as a friend of his tried to do by arguing that short people, suffering from “heightism”, should be designated a minority or “oppressed class.” Unfortunately, he was beat by a serious undertaking to do just that by “a sociologist at Case-Western Reserve,” Professor Saul D. Feldman, who provided plenty of convincing research and evidence to back up his case. (5)

The principles of Title VII of the Civil Rights Act are perfectly acceptable from a moral standpoint. Employers are unwise to discriminate based on race, color, sex, religion, or national origin, but that does not give anyone the right to coerce them to act against their will or to release their property to individual’s not of their choosing. Consumers, employees, peers, etc. are free to boycott, ostracize, or shame employers who act reprehensibly but not coerce with threat of law/violence to act morally.

  1. Equal Employment Opportunity Commission,”Equal Employment Opportunity is The Law”; available from http://www.eeoc.gov/employers/upload/eeoc_self_print_poster.pdf; Internet; accessed 23 March 2010.
  2. Murray Rothbard, The Ethics of Liberty (New Jersey: New York University Press, 1998), 100.
  3. Milton Friedman, Capitalism and Freedom (Chicago: University of Chicago Press, 2002), 109-110.
  4. Jacqueline M. Brux, Economic Issues & Policy (Ohio: Thomson Higher Education, 2008), 114
  5. Murray Rothbard, “Freedom, Inequality, primitivism and the Division of Labor”, available from http://mises.org/fipandol.asp; Internet; accessed 23 March 2010.
Mar 24, 2010