In the spirit of St. Patrick’s Day, I thought I’d share a classic song by the legendary Celtic folk-punk band The Pogues which embodies the deep ambivalence the first wave of Irish immigrants felt upon leaving their homeland. Of course, I take issue with any song whose lyrics boast of toasting JFK-even if uttered in a jocular fashion-for obvious reasons, but otherwise feel the song accurately captures the spirit of first generation Irish immigrants. The lottery referenced by MacGowan is the post-1965 system that limited  the immigration of Irish immigrants in order to increase the number of visas issued to those living in third world nations. The Diversity Lottery, ironically enough, was intended to rectify this error.

However, like almost every other piece of immigration law enacted since the Johnson administration, that legislative “fix” merely padded the voting rolls for the Democratic Party. For a fuller explanation of this song’s meaning, check out the annotated lyrics page of The Parting Glass, which provides textual analysis of what remains the greatest Irish punk band ever to come out of London. 

One of the most persistent divides between traditional conservatives and their libertarian/anarcho-capitalist counterparts involves a fundamental philosophical disagreement about immigration. While most conservatives view immigration primarily through the lens of preserving American culture by only accepting those immigrants who are assimilable and will tangibly benefit our society in the future, a view expressed repeatedly during debates over illegal immigration in this country, many libertarians view the subject in an altogether different light. For them, the question is not so much whether a particular cohort of immigrants will be an asset to the United States but whether we have any right to prevent them from settling in this country in the first place, which many answer in the negative.

Libertarians extol the primacy of individual rights, which in this case entails the right to emigrate from your country of birth whenever you so desire-something that I don’t think any conservative would take issue with-and to immigrate to whatever country you want to live and/or work in for an extended period of time, which is where the divide between the two camps emerges. Libertarians view the issue as one of freedom of association-and by extension, contract-wherein willing employers, such as large agribusinesses and meatpacking plants, seek out willing employees coming from nations with under-performing economies that can’t meet the personal and financial needs of their citizens. They believe that the nexus between trade and unfettered migration is inextricable, if not completely self-evident, and that the two can not be severed if a nation hopes to grow its economy. While this may well be true as a matter of law, there are numerous holes in this thesis intellectually, which opponents of open borders-even anarcho-capitalists such as Hans-Hermann Hoppe-have exposed through well-researched arguments of their own.

However, underlying the debate over whether immigration and settlement is a natural right is the assumption that all libertarians/anarcho-capitalists agree on the immigration issue, which is not as much of  a given as it would seem on the surface of things. One of the things that I’ve attempted to do with American Rattlesnake is debunk commonly held assumptions about immigration issues, and the assumption that libertarians all subscribe to Gary Johnson’s point of view is one that needs to be reexamined. There are many libertarians and  anarcho-capitalists who recognize both the practical difficulties and existential problems inherent in society based upon unfettered immigration, especially one with the vast social welfare apparatus of the United States. One of the chief exponents of the view that welfare programs need to be curtailed in order to solve the immigration problem is Gary Johnson’s opponent in the Republican presidential race, Congressman Ron Paul. Paul has repeatedly emphasized the need to do away with the generous, taxpayer subsidized social welfare programs that-while not serving as the initial magnet-provide incentives for illegal aliens to extend their stay in this country indefinitely. The population density of legal immigrants is also heavily correlated with the availability of welfare benefits. Even acclaimed economist Milton Friedman, who held a rather benign view of immigration in general, emphasized the incompatibility of a welfare state with unfettered immigration.

The same opinion is held by many libertarians today, including self-professed constitutionalist Andrew Napolitano, who views Arizona’s landmark immigration law primarily through the prism of the Constitution’s supremacy clause and potential violations of the 4th Amendment via racial or ethnic profiling by law enforcement officers. I’m not sure that the Constitutional objection to statewide laws is dispositive, because-as Andrew McCarthy has pointed out repeatedly in National Review-there is no precedent for prohibiting states from enforcing laws that are consistent with federal statutes. Furthermore, if we look to the broader issue of legal immigration, there’s nothing to suggest that the men who drafted the United States Constitution supported the sort of unfettered immigration we have endured since passage of the Hart-Celler Act fundamentally altered this nation’s demographic destiny. This is a concept that is seldom grasped by arm-chair commentators on immigration these days, whose default option is to repeat the platitudinous-not to mention, factually incorrect-bromide that we are a “nation of immigrants.” What they neglect to mention is that most this nation’s founding fathers would have been implacably opposed to the present lassez-faire system of immigration, a fact that Thomas Woods-as anti-statist an individual as you’ll find among academics-expertly limns in this Human Events column published during the height of the amnesty debate in Washington D.C.

Yet, even if we were to concede that there’s no firm historical or Constitutional foundation for this nation’s current open borders policies, can it not be argued that there is a compelling moral case for the views espoused by those at the Wall Street Journal editorial board, Cato Institute, Reasonoids, and other trendy, beltway cosmotarians? You would definitely think so if you took their arguments at face value. The notion that we have no moral basis for barring certain immigrants from entry into the United States is certainly widespread in certain libertarian circles, but I don’t believe that makes the idea, ipso facto, libertarian. Julian Simon, in a 1998 essay published in the Journal of Libertarian Studies, articulated the perspective felt by many that individual autonomy takes precedence over other “public” goods, including our national borders. In an anarcho-capitalist reality, nation-states would not exist, therefore deciding who should or should not be admitted to your nation would be a moot point.

But while it might seem logical that freedom of movement, freedom of association, and freedom of contract-and at its most essential level, the individual him or herself-are all prioritized over the wishes and feelings of citizens who have a vested interested in preserving the character of their nation, there are those that don’t think these competing values are necessarily mutually exclusive. In a persuasive essay written for Lew Rockwell several years ago, N. Stephan Kinsella made a very compelling argument that while the disposition of property in our society is unjust-insofar as the state has no right to expropriate land that rightfully belongs to individuals-so long as that property is entrusted to the state it has a responsibility to act as caretaker for the rightful owners. In this case, it has the responsibility to prevent the ingress of people that citizens do not want to welcome into their country. While those who are opposed to communitarianism in even its most minimal form might reject Kinsella’s public pool analogy, I think he makes a convincing case that some prophylactic measures need to be enforced to prevent the exploitation of your property-even if it’s already been subjected to theft by the state.

There are many cogent arguments against the current trendy libertarian support for open borders, several of them outlined by the first presidential nominee of the Libertarian Party, John Hospers, in paper published by the Journal of Libertarian Studies over a decade ago entitled A Libertarian Argument Against Open Borders. The concluding paragraph of the essay is especially perceptive in its analysis of the problem:

Occasionally, we hear the phrase “limousine liberals” used to describe the members of the liberal establishment who send their children to expensive private schools while consigning all the others to the public school system, which educates these children so little that by the time they finish the eighth grade they can barely read and write or do simple arithmetic, or make correct change in a drug store. It would be equally appropriate, however, to describe some other people as ”limousine libertarians” —those who pontificate about open borders while remaining detached from the scenes that their “idealism” generates. They would do well to reflect, in their ivory towers, on whether the freedom they profess for those who are immigrants, if it occurs at all, is to be brought about at the expense of the freedom of those who are not.

This passage describes, in a nut shell, the quintessence of cosmotarianism, and why most Americans-and even some in the libertarian movement-continue to reject it. I could post the most meticulously researched George Borjas journal article, the most statistically devastating backgrounder from the Center for Immigration Studies, or the most irrefutable essay by Mahattan Institute scholar Heather Mac Donald. And although all of these sources are invaluable in the fight to define the terms of this debate, they wouldn’t hold a candle to the self-evident fact that none of the greatest exponents and defenders of open borders, be it Tamar Jacoby, or Jason Riley, or Nick Gillespie, abide by their own exhortations. None of these individuals partake of the glorious mosaic which their unyielding ideology has done so much to create.

You won’t find many Reason Magazine editors or Cato Institute scholars living in Bergenfield, New Jersey, Maywood, California, or Eagle Pass, Texas. Why, you might ask? Because they would rather pass off the tremendous costs of their bankrupt philosophy onto ordinary Americans than to admit that they might just be wrong. These people are insulated from unfettered immigration’s worst effects, including chronic unemployment, violent crime, and environmentally devasting pollution from Arizona to California and throughout the country. They have the luxury of ignoring the impact of this country’s changing demographic profile while promoting the patently absurd notion that our open borders are a boon to all but the small percentage of high school dropouts.

What’s more, they make the equally ludicrous assertion-outlined in the Caplan speech above-that importing millions of unskilled, uneducated immigrants, who will be dependent upon costly government services, from quasi-socialist nations will expand this nation’s economic liberty. Forget the fact that we now enjoy less economic freedom than our northern neighbors, a development concurrent with the greatest expansion of immigration in this country’s history, the entire premise underlying this concept is flawed. You do not build a prosperous, 21st century, post-industrial society around foreigners from countries with low human capital. And the amount of time, energy and economic resources that need to be shifted in order to improve the educational prospects and earning potential of these immigrants, e.g. the billions funneled into ESL programs each year, is so cost prohibitive that it outweighs whatever benefits can be gleaned from such an arrangement.

Another seeming inconsistency in the archetypal libertarian solution to our immigration problem is the reluctance of most libertarians to support any sort of relief for American taxpayers who are tasked with paying for millions of illegal aliens and immigrants who are dependent upon costly social services. Particularly, public schooling and emergency health care. Invoking Friedman’s argument once again, we find that while many libertarians will concede that dependency upon welfare programs is a bad thing they will do nothing to limit access to these programs by illegal aliens or permanent residents. To the contrary, if any such bill-which is immigration neutral-is proffered, they will stalwartly oppose it. Just ask new Libertarian presidential candidate Gary Johnson, who supports the DREAM Act, despite the fact that taxpayers would be subsidizing the in-state tuition discounts of its recipients. Paleolibertarian writer Ilana Mercer deftly skewers  purported libertarians who routinely call for the abolition of the welfare state while adding a proviso that excludes immigrants and illegal aliens from the fiscal demands of their libertopia.

True believers in liberty, like Mercer and the late Murray N. Rothbard, recognize the inherent contradiction in persuading your fellow Americans to reject the embrace of the state while simultaneously welcoming millions of non-Americans into the country who prefer a larger and more intrusive government in almost every respect into our society. They realize that the banal platitudes used to support unfettered immigration are grossly inaccurate, if not transparent lies. They also realize that the interests of the National Association of Manufacturers, the Chamber of Commerce, the Farm Bureau, and the hospitality industry do not necessarily coincide with the interests of the free market, and that to a large extent our current immigration policy is another form of corporate welfare, which putative libertarians would be quick to denounce in any other context. The time-saving, productivity-increasing technological innovations that would normally be welcomed by these same individuals are rejected by those who apparently think pre-industrial stoop labor is the best method of improving  our agricultural production. Finally, they recognize that the  utopian, globalist conception of freedom-where people living in Gabon or the Hadhramaut have just as much say in how we are governed as American citizens living in New York-contravenes the distinctively American, Constitutional, federalist, representative republic designed by this nation’s founding fathers.

In short, the issue before the house is not whether it is an abandonment of principle for libertarians to embrace sensible immigration restrictions, it’s why institutional libertarians representing organizations like the Cato Institute and the Reason Foundation have stifled an honest, open intellectual debate about this subject. Even as the negative repercussions of our government’s devotion to open borders become harder to ignore for all but the most oblivious, the gatekeepers of respectable opinion on this subject continue to narrow the parameters of discussion to their own narrow, ahistorical perspective. I don’t expect that to change any time in the near future, but those of us who want an intellectually honest debate about the most important issue of our time can at least begin to clarify its terms, if for no other reason than to educate those novices interested in how mass immigration has impacted our society who are asking themselves how they should view these changes from a liberty-oriented perspective.

Tuesday night I had the pleasure of attending a discussion held at New York City’s Penn Club, sponsored by the Center for Immigration Studies, which featured one of my favorite journalists/media critics, William McGowan. The author of Gray Lady Down: What the Decline and Fall of the New York Times Means for America, Mr. McGowan delivered a speech outlining the largely negative contribution New York’s “newspaper of record” has had on the immigration debate, both in the past and during the current nationwide battle over controversial measures such as amnesty and the DREAM Act.

McGowan’s talk divided the journalistic crimes of the New York Times into two major categories: sins of omission and sins of commission. The Times is replete with examples of both, the former found in its steadfast refusal to cover the 2007 case of a Mexican illegal alien who murdered a woman after being released by police in Denver, despite a long rap sheet. Despite the obvious newsworthiness of this horrific crime, and the fact that it was covered by both local dailies at the time, it did not merit the attention of anyone at the Times, which had a bureau in the city. An example of the latter is the concerted effort by the paper to affirm archaic, barbaric cultural and religious customs imported from the third world as valid alternatives to mainstream American culture. McGowan cited as evidence of this editorial practice the paper’s benign treatment of West African immigrants who practice polygamy in their adopted country.

In many cases, however, the two methods of promoting mass immigration and cultural fragmentation are found within the same story, as the Times attempts to both minimize the readily apparent drawbacks of this country’s skewed immigration policies while at the same time promoting the very policies that it had previously claimed had little to no impact on American society. A prime example of this double-edged assault is a story that examined the illegal alien sanctuary known as Maywood. The 2006 article focused on a group of illegal aliens who marched in support of amnesty, however it neglected to point out the fact that many of them trampled upon the American flag while at the same time calling for the Reconquista of the southwestern United States by Mexican nationals. And even as the Times produced laudatory coverage of the initiative to provide illegal aliens with official documentation in New Haven, Connecticut, it studiously avoided any mention of the crimes committed by the undocumented then living in New Haven. 

One of the most fascinating aspects of Mr. McGowan’s talk was his recapitulation of the New York Times’s past coverage of immigration issues, which is an often overlooked chapter in the paper’s history. I found particularly fascinating his portrayal of its coverage of the 1965 Immigration and Nationality Act, which is a watershed law that inalterably redefined both the scope and nature of immigration into the United States. Although I had an inkling of how the Times treated immigration in years past, I was astonished at some of the vivid details that the author provided about how the paper had soft-pedaled what turned out to be the most transformational piece of domestic legislation signed into law during the 20th century. 

As it turns out, one of the main reporters on the 1965 immigration bill had been a trusted member of the Kennedy camp, which at any other reputable journalistic institution would have raised alarms since the original impetus behind the bill had come from President Kennedy. After JFK’s assassination, his younger brother Teddy had squired the bill through a distracted Congress and onto Lyndon Baines Johnson’s desk, using much of the same divisive rhetoric supporters of the bill at the Times would employ. The New York Times’s coverage of the hearings leading up to eventual passage were equally slanted, devoting numerous column spaces to those testifying on behalf of the bill while it’s most eloquent critic-a woman representing a patriot organization from the state of New Jersey-was given short shrift.

Unfortunately, its coverage of immigration issues has not improved in the ensuing decades; in fact, it could be argued that it’s grown inexorably more biased and shrill since that seminal piece of immigration legislation was enacted. A compounding factor, naturally, is the explosive growth in Islamic immigration to the United States, which the Times has treated as an unalloyed good. McGowan made several trenchant points about the remarkable solicitude the Old Gray Lady has shown towards the world’s second-largest religion, including the observation that after the September 11th massacres in 2001-an issue whose coverage earned the New York Times several Pulitzer prizes-the paper went into overdrive trying to assure its readers that Islam was an anodyne alternative to America’s traditional, Judeo-Christian heritage. From its indulgent tone towards Muslim students who disclaimed their American identity-and condemned the country their parents immigrated to-to the madrassa created by radical Islamist Debbie Almontaser in the heart of Brooklyn, the Times has consistently neglected to ask the tough questions so many Americans wanted answers to in the wake of the September 11th attacks.

This deference to Muslim sensibilities dovetails nicely with what William McGowan describes as an institutional effort by the paper’s editors to create not a melting pot, nor even a mosaic, but a nation of collective victims. Or in this case, a distinct subculture of victims who have been unfairly treated by American society due to their customs-which include female genital mutiliation and honor killing-and religious beliefs, which can include a call to murder and/or convert anyone who does not subscribe to the shahada.The rampant victimology enunciated by the editorial staff at the New York times has gradually expanded to include numerous ethnic minorities, and the renewed interest in the seamier side of Islam has given the paper a perfect opportunity to expand this philosophy to include America’s newest-and from the perspective of Times editors, most besieged-minority, Muslims living in the United States. 

I came away from this lecture greatly impressed by Mr. McGowan’s thorough deconstruction of what was once a prestigious media lodestar. Even though I might not agree with his assertion that the New York Times is salvageable, I do respect the eloquence with which he articulated his position. Keep your eyes open for an exclusive interview with the author of Gray Lady Down in the coming days.