All week the blogosphere and talk radio have been outraged that the Senate is even considering solutions for our immigrant problems that don’t begin and end with the endlessly repeated phrase “what part of illegal don’t they understand?” For the sake of balance, I recommend reading the argument for Open Immigration as articulated by Harry Binswanger, who is identified as “a longtime associate of Ayn Rand" and "a professor of philosophy at the Objectivist Academic Center of the Ayn Rand Institute.”
Binswanger makes his case that individual rights are universal and while citizenship rights should be properly restricted to individuals who are citizens, the presence of healthy, peaceful and hardworking foreigners does not pose a threat to America.
The implicit premise of barring foreigners is: "This is our country, we let in who we want." But who is "we"? The government does not own the country. Jurisdiction is not ownership. Only the owner of land or any item of property can decide the terms of its use or sale. Nor does the majority own the country. This is a country of private property, and housing is private property. So is a job.I disagree with several areas in this train of thought. Specifically I believe that removing all barriers and allowing unlimited immigration to America is completely impractical. Society depends on stable and predictable human interactions and too many immigrants in to short a time effects current residents, who must also adapt their lives. In addition, the argument ignores the corollary of rights which are obligations. The Pope expresses this quite well: “Immigrants are obliged to respect with gratitude the material and spiritual heritage of the country that receives them, to obey its laws and to assist in carrying civic burdens.”
So there needs to be rules and laws, but we should also keep in mind that what is illegal is entirely dependent upon how we define illegal. Drinking beer under age 21 is illegal. Driving over the posted speed limit is illegal and exponentially so if done while not wearing seat belts. The plants marijuana and ragweed are illegal, as are pseudoephedrine tablets obtained without providing the government with a record of purchase. Smoking a cigarette in a bar or putting phosphorous on your lawn is criminal activity in Madison.
So yes, there are lots of illegal immigrants and simple amnesty is an insult to those who come to this country to become Americans through the legal channels. The blame for this reality must also be shared by the government which for years has simply decided not to enforce the rules in a consistent and dependable matter. If society is to depend upon the rule of law, then there is an obligation on the law to be true in application. Michael Jordan figured out that if the refs don’t call traveling then its ok to travel with ball. It’s the same calculation we all make when, out of perceived necessity, we make a U-Turn at an intersection with traffic lights.
