Lou Dobbs and illegal immigration

This is a technology blog where I'm supposed to discuss technology topics. On occasion, I dive into economic issues that relate to technology, such as antitrust, or more relevant in the case of this blog, outsourcing and skilled immigration through the H-1B visa program.

Illegal immigration from Mexico and H-1B visas are logically separate issues, as individuals who fall into the former category would rarely qualify for entry into the country under the latter. The H-1B issue, however, has become so conflated with the issue of illegal immigration that sensible consideration of either is impossible.

This post, therefore, is my response to the question of illegal low-skilled immigration. It was motivated by commentary from Lou Dobbs on CNN, where he finds it ironic that the recent pro-immigration rallies occurred on America's "law" day, a date given official status by John F. Kennedy in 1961 (though a "law day" party would probably qualify as the most boring theme for a get-together ever devised). The fundamental issue, according to Dobbs, is that illegal immigrants are lawbreakers, and that is the only consideration that should matter.

Breaking laws isn't a good thing. On the other hand, there's plenty of precedence for changing bad laws when its clear they aren't working very well. It's worth remembering that alcohol prohibition was the law of the land for 13 years. That doesn't mean it would have been a good idea to maintain the policy in the face of criminal gangs all but taking over American cities and other evidence that the law clearly did not work.

We have a 2000 mile border between the United States and Mexico that is as contrived as an imaginary line separating five year olds in the back seat of a car. When I lived in Geneva, Switzerland, the imaginary nature of borders was a daily part of the life of a typical Geneva resident. When you left the city to drive around the countryside, you would find yourself skirting back and forth across the border between Switzerland and France as if it was little more than the legal figment of someone's imagination it truly is. God didn't descend from heaven and use his golden finger to trace current national borders. Humans, often through war and much bloodshed, created them, and never forget that while you consider whether illegal immigration is "fair." There's nothing fair about what spot on the planet people are born.

We have 13 million illegal immigrants in this country, a reflection of the imaginary nature of that border and, oddly enough, evidence of the strength of American agriculture. Mexican farmers were hardest hit by NAFTA because America is just about the most efficient farming nation in the world, creating 10% of American GDP from only 1% of its labor force (according to a recent article in "Scientific American"). Mexican immigrants didn't come here because they liked the idea of abandoning their culture, family and homes. The did it because the alternatives were a lot worse.

Lest that be ammunition for the "let's encourage both countries to hide from global competition behind national borders" lobby, NAFTA has hardly been a bad thing for the American or Mexican economies. In Mexico's case, it has boosted other exports even as it erodes less competitive areas of the Mexican economy (Mexico does maintain a trade surplus, overall, with the United States, even as their farming industry has faced difficulties). The adjustment process is natural, and leads to a more efficient allocation of resources on both sides of the border. Exports to Mexico have TRIPLED in size, which matters a lot more than which side temporarily has a surplus in trade (currently, it's Mexico). Triple-sized exports mean triple the business for American companies from an economy that is right next store and thus likely to buy increasing quantities of our products over the long term.

But that analysis ignores a simple and fundamental reality. For all the hot air Dobbs and his allies create over "lawbreaking," it's a simple fact that it is IMPOSSIBLE to throw out 4.5% of the population of the United States without having serious negative effects on the US economy...a figure which may run higher, as Dobbs has questioned whether the figure is really 13 million while feigning surprise that the US government can't say precisely how many undocumented immigrants have come into the country. If he wants clearer numbers, make a legal process by which more Mexicans could enter the United States to work in a documented fashion.

Dobbs states that Americans suffer from an influx of low-cost illegal workers who drive down wages, overrun America's medical care system through their failure to pay taxes, and erode the preeminence of English. That, however, is like complaining your steering wheel is too far away while driving from the back seat of your car. The policies Dobbs and his allies champion cause these problems in the first place. Declaring such workers illegal makes them cost less, as we've driven them into an underground economy beyond the reach of American labors laws, where they have no leverage to negotiate fair treatment and where taxes aren't being paid even though many will find themselves in an American tax-supported hospital at some point. It all makes me wonder who Dobbs is really fighting for, American workers, or companies who like to pay very low wages and benefit most from an illegal labor force.

Last, how are people forced by their legal status to work exclusively among other non-English speakers to have an opportunity to learn English? If Dobbs wants to defend the English language, make Mexican labor legal so that they can work alongside more English speakers. English will defend itself, as English is the language of money and business in the United States.

Besides, how many Mexican migrants would favor staying here indefinitely if they had both the right to work and the ability to pass back and forth across the border whenever they wanted? I imagine more would come here on a temporary basis if going back didn't put at risk their ability to return. Living far away from family and friends IS hard, even without the complication of being illegal. I know. I spent five years living overseas.

If Dobbs truly cared about poor Americans, he would want a system that pulls illegal workers out of an underground economy where they can be abused, underpaid, avoid taxes and fail to learn English. Such a policy of legalization would help native-born Americans far more than attempting to build a North American version of the Berlin wall along 2000 miles of America's border.

It's worth clarifying that I'm not suggesting we open our borders to all and sundry...at least not yet (though I have advocated removing restrictions on laborers from other rich economies, such as Europe, Japan and South Korea). We need to have restrictions on who can work in this country while income disequilibriums are as severe as they are around the world. Reality, however, dictates that Mexico is a special case for the United States.

The evidence of the failure of our labor policy towards Mexico lies all around us. It's time to start facing reality instead of listening to people like Lou Dobbs who would have us hide from it.