The Unintended Cruelty of America’s Immigration Policies

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It is well documented that the Trump administration is pursing a senselessly cruel policy of prosecuting migrants at the border, detaining families, and incarcerating them in large, improvised detention centres. This includes taking children away from their parents and siblings and housing them separately for an extended period.

Pointlessly Cruel

Jeff Sessions has pointed out that this policy is “simply enforcing the law” and that it’s a deterrent. He lays any negative conseqences on the migrant families themselves, asking why they would risk bringing their children on this long and dangerous trek. Other members of the administration have pointed out that families who claim asylum at ports of entry are not being detained or split apart. This too is disingenuous, as the Trump administration has narrowed the reasons for asylum, and as the border has become increasingly militarized, migrants and asylum-seekers are being forced away from busy ports of entry and often into dangerous crossings.

 How did we get to this point? How did a nation which once prided itself on welcoming immigrants become a nation increasingly looking to punish individuals even as they seek asylum? Although some aspects of this cruel policy have long been present in America’s history, I think that particular fixation on migration from Mexico stems from an unintended starting point.

Unintended Consequences

A recent podcast by Malcolm Gladwell explored the causes and effects of the militarized US-Mexico border. I found this podcast fascinating and I recommend listening to it. To summarize, for most of the 20th century, into the 1960s and 1970s, migration between the United States and Mexico was primarily cyclical. Migrants from rural areas near the border in Mexico would move to the United States for work, stay for a few months, and move back to Mexico with their families. This was an economic relationship and it worked because the cost of crossing the border was essentially zero. If you are apprehended, you’d be returned but otherwise it allowed for the flow of migrants into the United States and out of the United States.

In the early 1970s, however, the US-Mexico border began to be militarized. It happened almost by accident. An extremely skilled and dedicated retired Marine General took over immigration and naturalization services and began to tighten up the way in which border patrols operated. There was never any intent to cause suffering.  On the contrary, the original intent seem to be to harmonize border enforcement with existing law  in a way that benefited everyone. But what happened was that as the borders became less porous, migrants began seeking out for dangerous border crossings. Often these were in the high desert where risk of injury and death was higher, as the cost of crossing the border back and forth increased due to this danger, migrants were less likely to engage in cyclical migration but rather stayed in the United States and either send money home to Mexico or brought their families here.

This has profound implications for the current state of affairs. As each successive administration cracks down on illegal immigration, tightens the border, and militarizes the border patrol, it increases the risks and costs associated with crossing back and forth. Migrants still want to come to America, people are still claiming asylum, but illegal immigrants in the United States are persecuted and stay in hiding. Every indication is that the worst possible thing that could be done would be the actual construction of a wall.  In some ways, an analogy can be drawn to desire paths in public spaces. There is a natural flow to collective human behaviour. Civic planning and architecture does not always match, but human behaviour will always win out. People will continue to migrate and this will continue to be a problem.

Gladwell doesn’t say this, but it seems to me that the most rational and humane solution is a porous border. In a porous border, illegal immigrants are turned back when apprehended, but in a straightforward way. People are not apprehended and put into detention centers. Families are not charged with committing a misdemeanour offence and jailed prior to their hearings necessitating the removal of the children. In a porous border, there is still border security but the overall level of enforcement is lower.  In addition, a policy like this could benefit from increased access to green cards,  recognizing that many migrants wish to work in the United States for a few months. Unfortunately, no one in the Southwest (or anywhere else in America) is going to win an election with the promise of “Let’s make our border more porous and engage in lax border security.” That will not sell. But the evidence presented by the Mexican migration project and reviewed by Gladwell in his podcast suggests this would still be the most rational solution.

More Objective Research

This is one of those cases where we need more objective policy research, less political rhetoric. Has anyone asked an algorithm or computer model to determine the ideal level of border security? How much flow is tolerable? How does one balance economic detriment to having a relatively free flow of migrants with the costs associated with apprehension detention and deportation, and any associated criminal proceedings. The latter are expensive and human-resource intensive. Do to the risks of a porous border justify these expenses?

The thing is, these are computational problems. These are problems that demand rigorous computational analysis and not moralistic grandstanding about breaking the law for fears of drugs and criminals poring over the border.

The evidence seems to suggest that for decades, the relatively porous border had no ill effects on American society and was mutually beneficial to the US and to Mexican border regions. Though unintended, the slow militarization of the US-Mexico border restricted migration, made it more dangerous, which led to real costs illegal immigration thus necessitating a stronger more militaristic response, which creates a feedback loop. The harsher the enforcement the worse the problem gets.

The current administration has adopted the harshest enforcement yet, one that in my view is intentionally cruel, is a clear moral failing, and one that may be destined to fail anyway.

2 thoughts on “The Unintended Cruelty of America’s Immigration Policies

  1. Bob Atkinson

    All sides see immigration as a balance – with the possible exception of North Korea everyone accepts some immigration and everyone opposes uncontrolled open borders. So the underlying argument is quantity; similar to the issue of max speed limits on motorways. For immigration into my country, NZ I would like to see it reduced. All of which is a long introduction to say I was expecting to disagree with the author until I read what he said and that seemed reasonable.
    To give another example of unintended consequences look at attempts to strictly enforce drinking ages; when I was a teenager other more adventurous teens would go into pubs underage; they would be surrounded by adults who knew what they were doing and gave them an introduction into sane drinking for pleasure. Now we have strict rules with heavy penalties and we have sophisticated forgery of age credentials and a stupid young drinking culture.

    Reply

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