Tag: illegals

Do Amnesties Increase Unlawful Immigration?

One popular argument against a legalization, or amnesty, of unlawful immigrants is that it will merely incentivize future unlawful immigration.  Unlawful immigrants will be more likely to break immigration laws because they will eventually be legalized anyway, so why bother to attempt to enter legally (ignoring the fact that almost none of them could have entered legally)?  This claim is taken at face value because the stock of unlawful immigration eventually increased in the decades after the 1986 Immigration Reform and Control Act (IRCA) that amnestied roughly 2.7 million.

However, that doesn’t prove that IRCA was responsible for the increase in the stock of unlawful immigrants.  The stock of unlawful immigrants may have been increasing at a steady rate prior to the amnesty and that rate may have just continued after the amnesty.  Measuring the flows of unlawful immigrants is the best way to gauge whether the 1986 Reagan amnesty incentivized further unlawful immigration.  If the flows increased after IRCA, then the amnesty likely incentivized more unlawful immigration.  The number of annual apprehensions of unlawful immigrants on the Southwest border is a good way to approximate for these cross-border flows.

It’s perfectly reasonable to think that an amnesty of unlawful immigrants could increase their numbers in the future.  There are at least two ways this could occur.  The first is through knowledge of an imminent amnesty.  If foreigners thought Congress was about to grant legal status to large numbers of unlawful immigrants, then some of those foreigners may rush the border on the chance that they would be included.  Legislators were aware of this problem, which was why IRCA did not apply to unlawful immigrants who entered on January 1st 1982 or after.  IRCA had been debated for years before passage and Congress did not want to grant amnesty to unlawful immigrants who entered merely because they heard of the amnesty.  To prevent such a rush, subsequent immigration reform bills have all had a cutoff date for legalization prior to Congressional debate on the matter. 

Even with the cutoff date, some recent unlawful immigrants would still be able to legalize due to fraud or administrative oversights.  An unlawful immigrant who rushes the border to take advantage of an imminent amnesty still has a greater chance of being legalized than he did before, so legalization might be the marginal benefit that convinces him to try.  This theory of a rush of unlawful immigrants prior to an imminent amnesty is not controversial.

Legalization or Amnesty for Unlawful Immigrants – An American Tradition

Legalization of unlawful immigrants, commonly referred to as amnesty, has been hyperbolically described as an affront to U.S. national sovereignty, the rule of law, and even our Constitutional Republic.  However, the U.S. government has a long history of successfully legalizing violators of immigration laws.

In 1929, the year the Immigration Act of 1924 went in effect, Congress passed an amnesty to allow for the voluntary registration of all unlawful immigrants who wished to legalize their unrecorded entry.  Beginning a familiar pattern, Congress combined this 1929 amnesty with severe legal penalties on unauthorized immigrants who entered the United States without inspection after the amnesty was complete.[i]

As part of the reforms of the Bracero Program’s guest worker visa in the late 1940s and early 1950s, many unauthorized Mexican migrants were legalized and granted a visa on the spot.  According to Professor Kitty Calavita, 55,000 unlawful Mexican immigrants were legalized as Bracero workers in 1947 through a process derogatively referred to as “drying out” unlawful migrant workers.[ii] Under the auspices of an increase in immigration enforcement and the expansion of the Bracero guest worker visa, other unlawful Mexican migrants were driven down to the Mexican border and made to take one step across the border and immediately reenter as a legal Bracero worker, a process referred to as “a walk around statute.”[iii]

In 1958, the cutoff date for the 1929 amnesty was advanced to June 28, 1940 – meaning that unlawful immigrants who entered before that later date could legalize.  The Immigration Act of 1965 again advanced the cut off date for the 1929 amnesty to June 30, 1948.[iv]

Year

 Legalizations of Unauthorized Immigrants

1959

4,321

1960

4,773

1961

5,037

1962

3,399

1963

2,680

1964

2,585

1965

2,064

1966

2,595

1967

3,195

1968

2,148

1969

1,565

1970

1,520

1971

1,190

1972

1,653

1973

1,254

1974

875

1975

556

1976

796

1977

546

1978

423

1979

262

1980

428

1981

241

Total

44,106

Source: Vernon M. Briggs Jr., Immigration Policy and the American Labor Force, The Johns Hopkins University Press, Baltimore, 1984, p. 66.

The Immigration Reform and Control (IRCA) Act in 1986 – the so-called Reagan Amnesty – legalized 2.7 million unauthorized immigrants who had been residing in the United States since 1982.  After IRCA, the Section 245(i) legalization passed in 1994 and was then extended again in 1997.  The 1997 Nicaraguan Adjustment and Central American Relief (NACARA) Act also legalized close to one million unlawful immigrants from Central America.  The Haitian Refugee Immigration Fairness (HRIFA) Act legalized around 125,000 unauthorized immigrants from Haiti in 1998.  The Legal Immigration Family Equity (LIFE) Act of 2000 reinstated the rolling 245(i) legalization provision. 

So long as there are immigration restrictions on the movement of peaceful and healthy people, and Americans want to continue to hire and sell products to immigrants, some will always come whether the immigration laws allow it or not.  To address the unlawful immigrant population, Congress periodically passes a legalization or amnesty bill, but the number of unlawful immigrants rises again because lawful immigration has not been sufficiently liberalized – despite vast increases in enforcement.

Past amnesties and legalizations of unauthorized immigrants didn’t destroy U.S. national sovereignty (the United States is still a sovereign country), the rule of law (in tatters for many reasons, including efforts to enforce our arbitrary and capricious immigration laws), or our Constitutional Republic.  It’s hard to see why another one passed by Congress and signed by the President would produce those grave harms.


[i] Vernon M. Briggs Jr., Immigration Policy and the American Labor Force, The Johns Hopkins University Press, Baltimore, 1984, p. 47.

[ii] Deborah Cohen, Braceros: Migrant Citizens and Transnational Subject in the Postwar United States and Mexico, University of North Carolina Press, 2011, p. 209, Kitty Calavita, Inside the State: The Bracero Program, Immigration, and the INS, Quid Pro Books, New Orleans, Louisiana, 2010, pp. 25-26, 34.

[iii] Kitty Calavita, Inside the State: The Bracero Program, Immigration, and the INS, Quid Pro Books, New Orleans, Louisiana, 2010, p. 43.

[iv] Vernon M. Briggs Jr., Immigration Policy and the American Labor Force, The Johns Hopkins University Press, Baltimore, 1984, p. 66.

E-Verify Does Not “Turn Off” Job Magnet

One of the main claims of E-Verify’ ssupporters is that it will turn off the job magnet that incentivizes unauthorized immigration.  A recent Working Paper by economists Pia M. Orrenius and Madeline Zavodny casts doubt on that.

They find that E-Verify mandates in the states have decreased wages of likely Mexican unauthorized immigrant men by about 7.8 percent and unauthorized immigrant Mexican women by 1.2 percent.  The likelihood of men being employed is not much affected by E-Verify but it does increase female employment and labor force participation – which makes sense in the context of making migration and employment decisions on the family level.  Clearly, E-Verify has diminished the anticipated wage gains from illegally immigrating to the United States.

However, E-Verify has not turned off the job magnet.  Assuming that unauthorized immigrant men and women earn the same wages, the estimated gains to coming here for the marginal Mexican immigrant is only slightly lowered.  Based on gender data from Pew and comparing the wages of identical workers in Mexico and the United States, here are some back of the envelope calculations showing how E-Verify has affected wages for unauthorized Mexican immigrants:

Unauthorized Immigrant Workers 

 

Female

Male

All

Gender

39.4%

60.6%

100.0%

Monthly Wages in U.S. (Pre-E-Verify)

 $  1,470.80

 $  1,470.80

 $  1,470.80

Monthly Wages in Mexico

      $580.90

     $580.90

     $580.90

Wages Multiple from Working in U.S.

2.53

2.53

2.53

Monthly Wages (Post E-Verify)

$1,453.15

$1,356.08

$1,394.32

Wages Multiple from Working in U.S. Under E-Verify

2.50

2.33

2.40

Sources: Center for Global Development, Pew Hispanic Center, and Dallas Fed Working Paper

E-Verify lowers the wage gain for all Mexican unauthorized workers from 2.53 times as great as in Mexico to 2.4 times as great – a whopping 5 percent decrease.  That’s not much to brag about considering E-Verify is supposed to be the lynchpin of future immigration enforcement.  It’s hard to see how E-Verify proponents can look at this small wage effect and conclude that E-Verify is worth it, given the enormous array of problems and burdens caused by it.  In practice, E-Verify does not turn off the job magnet that attracts unauthorized immigrants to our shores and will not if it is ever mandated.   

Immigration Does Not Decrease Economic Freedom

A common criticism of immigration reform (here, here, and here) is that it will decrease economic freedom in the United States, by increasing the voting pool for the Democratic Party.  Leaving aside the issue of which party supports economic liberty, if any, it’s important to see what the actual impacts of immigration are on economic freedom in the United States and the world.  The political effects of immigrants after they arrive are less certain than the economic benefits.  Do immigrants decrease economic freedom in their new countries?  The bottom line: fears of immigrants decreasing economic freedom seem unfounded.

Since 1980, wealthy countries have seen rises in immigrant populations.  Immigrants are drawn to economic prosperity, higher wages, and better standards of living so it’s not surprising that wealthier countries have higher percentages of immigrants.  I excluded numerous small countries and petro-states like the UAE and Kuwait from the analysis.

I looked at the 25 wealthiest nations in the world in 1980 (by per capita GDP PPP) and considered their economic freedom rating and the percent foreign born.  I then tracked those same countries every 5 years until 2010.  Here are the averages for all 25 nations:

CBO Dynamically Scores Immigration Bill

The Congressional Budget Office has fiscally scored the Senate’s immigration bill, S. 744, and found that it will decrease fiscal deficits over the next 20 years—giving a huge boost to reform proponents.  In line with criticisms made by me and others, the CBO departed from orthodoxy and assumed that S. 744 would affect economic growth (i.e., they dynamically scored the bill)—arguing that the economic and fiscal gains from immigration reform are clear.  These findings are broadly consistent with Cato’s findings here.  

The CBO produced two scores of S. 744.  The first was less dynamic, assuming that GDP and the workforce would grow as a result of immigration. Increased numbers of workers will add to GDP, producing growth by definition, and not displacing many other workers.  The second score is more dynamic, taking into account many of the economic effects of immigration reform using an enhanced Solow model.

The less-dynamic CBO score found that immigration reform will reduce the federal deficit by about $197 billion by increased GDP and tax revenues through adding six million people to the workforce by 2023.  Over a period of 20 years, the CBO estimated that this legislation would reduce deficits by about $700 billion—a sizeable decrease.  In what seems to be a specific dig at the 50-year span of the recent Heritage study, the CBO wrote that, “we cannot determine whether enactment of S. 744 would lead to an increase in on-budget deficits … in any of the three 10-year periods starting in 2033.” 

The more dynamic CBO score found that S. 744 would not affect the budget by 2023.  However, because the dynamic economic effects of S. 744 would affect the economy slowly, the CBO predicts a $300 billion decrease in deficits from 2023-2033 greater that the $700 billion reported in the less-dynamic score.

The more-dynamic CBO model predicts $1.197 trillion in reduced deficits over the next 20 years if immigration reform is passed. 

Delving into the details of the CBO’s more-dynamic score, they estimated that S. 744 would increase GDP by 3.3 percent in 2023 and 5.4 percent in 2033, relative to the baseline.  Per capita GNP would lower by .7 percent by 2023 but be higher by .2 percent in 2033.  Wages would be .5 percent higher in 2033 under S. 744. 

The more-dynamic score takes into account these effects from S. 744: 

  1. Increased size and employment in the economy.
  2. Increased average wages after 2025.
  3. Slightly increased unemployment rate through 2020.
  4. Increased quantity of capital investment.
  5. Increased productivity of labor (due to complementary task specialization).
  6. Increased productivity of capital (due to increase in supply of labor and TFP).
  7. Higher interest rates.

The CBO took account of some of the main findings in the economic literature about the economic effects of immigration.  For example, the CBO predicts there will be a 12 percent increase in the wages of legalized immigrants.

Conceptually, dynamically scoring legislation is a big step toward rationally judging the costs and benefits of policy changes.  Legislation that changes the size of the economy or the pace of economic growth will affect future tax revenues that will, in turn, affect the fiscal state of the federal government.  CBO scores have been inaccurate over time—many wildly so.  They should never be the final word on the estimated net fiscal costs of immigration reform, but this is the most thorough examination to date. The CBO’s findings broadly confirm Cato’s research that immigration reform will be economically beneficial to immigrants and the country as a whole. 

Selling Work Visas: Auctions or a Tariff?

Yesterday Professor Giovanni Peri presented an immigration reform plan that would auction work visas to employers.  As I wrote yesterday, Peri’s plan would diminish the misallocation of current visas but not do much to increase the quantity of work visas.  Since the real problem with America’s immigration system is a lack of work visas and green cards, Peri’s plan seeks to solve a rather miniscule problem by comparison.

Proponents of selling visas either support auctioning a limited number of visas to the highest bidders or establishing a tariff that sets prices but allows the quantity to adjust.  An immigration tariff is far superior to an auction of numerically limited work visas.  You can read my proposal in more detail here or listen  me explain it here.

Here are three reasons why an immigration tariff is better than an auction:

First, a tariff is the most market friendly way of restricting work visas.  Limiting the government’s role to setting the price of work visas, allowing the purchased quantities to adjust, would make for a much more market-friendly and flexible system.  A tariff would decrease immigration relative to open borders, but misallocation isn’t a big concern because immigrants with the most to gain would pay the tariff.

Second, an immigration tariff is more economically efficient because the quantity of work visas would adjust to market demand unlike an auction of numerically limited work visas.  When there is economic growth more people would buy work visas to keep pace with labor demand.  In slow economic times the number of visa purchases would automatically shrink.  With an immigration tariff, there is no need for a government commission to somehow figure out how many are demanded.  They can just set the price and let the market figure out the quantity.

Third, an auction system will not do much to diminish unauthorized immigration going forward.  An immigration tariff allows immigrants, temporary workers, American businesses, and families to plan ahead, save, borrow, and pool resources to pay the tariff.  Tariff prices will change, no doubt, but they won’t change all of the time as they would under Peri’s system.  An auction would provide less price certainty, fewer guarantees of entering legally, and incentivize more unauthorized immigration than a tariff.