Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

advertise-here4


Slip Opinions


Groundhog Day. (fp)

Banned in Tucson. (kw)

The Best and Worst of 2011 in Race and Law (kw)

Tortured to death for trespassing. (fp)

Drones of contention. (fp)

DOJ still coddling banks. (fp)

Creative destruction? Thank banks. (fp)

Blog about a new book, on how to talk to little girls--stressing smarts not cutes.   LAC

Macey on the heroic Rakoff. (fp)

Captured NY Fed. (fp)


solicitors

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments


    • Alice on Physical Punishment and Parental Rights

    • Rachel Karash on Physical Punishment and Parental Rights

    • MBL on Physical Punishment and Parental Rights

    • MBL on Physical Punishment and Parental Rights

    • feathered_head on Physical Punishment and Parental Rights

    • Concernicus on Physical Punishment and Parental Rights

    • Ian on Physical Punishment and Parental Rights

    • Peterk on Physical Punishment and Parental Rights

    • Robert on Physical Punishment and Parental Rights

    • Three Oranges on Physical Punishment and Parental Rights

    • Paul Robichaux on Physical Punishment and Parental Rights

    • JR on Physical Punishment and Parental Rights

    • Jan on Physical Punishment and Parental Rights

    • Mark on Physical Punishment and Parental Rights

    • Shag from Brookline on Omelets and Eggs
  •  

    Site Meter

    About the Blog

    Concurring Opinions is a multiple authored, general interest legal blog.

    (Image: Wikicommons)

Modern Nomads: The Dark Side

posted by Shruti Rana

Last month I blogged about the bright side of modern-day global “nomadism”; that is, some of the ways that new technologies are reshaping individuals’ connectivity and mobility, and ultimately enhancing opportunities (for law professors, at least). But the current economic crisis has also highlighted the darker side of the new global nomadism—while we live in an age where “rich and uprooted elites” may jet around the world in search of fun and opportunity, the same forces which increasingly allow people to tap into global networks and traverse territorial barriers are also pushing “poor but equally uprooted workers [to] migrate in search of a living.”

In the U.S. and Europe—where over 40% of the world’s migrants currently reside—mounting job losses and financial volatility are sparking debates over the extent to which migration and migration policies are, or should be, linked to economic cycles. In both regions, migrants (whether classified as legal or illegal) have been viewed as part of a flexible labor pool, providing a ready supply of workers who can be tapped during times of economic growth and discarded during downturns. Historical data appears to support this relationship; in the U.S., the flow of migrants has waxed and waned at least to some degree along with periods of economic growth and recession. And while both economic and political forces played important roles, immigration plummeted during the depressions of the 1890s and 1930s.

It’s not surprising, then, that in recent years workers flocked to the countries which spawned the biggest bubbles—in the U.S., the U.K., Ireland, and Spain, which all enjoyed housing and finance booms, immigration surged in recent years. But there are signs that the impact of the current downturn on migration flows may be different from the past, and that the U.S. is following a markedly different path than some of the European countries which joined it during the boom.

First, it’s not clear where migrants will go if they leave the U.S. and Europe. Unlike a regional downturn, a global downturn by definition means that there are also fewer jobs available in migrants’ countries of origin. Moreover, remittances to home countries—which formed a significant part of the transnational capital flows of recent years—appear to be dropping rapidly, which will further stifle economic prospects outside the U.S. and Europe.

Second, the U.S. appears to be seeking to reduce the flexibility of its migrant labor pool, while many European countries, such as the UK and Ireland, are attempting to increase the flexibility of their migrant labor pool.


For migrants to form a flexible labor pool, they must have the ability to come and go; in other words, circularity of mobility is important. While the current data on the extent to which immigration in the U.S. may be declining is mixed, it appears that recent U.S. immigration policies are interrupting the circularity of migration.

First, the U.S. is deporting immigrants at record levels. However, the penalties for immigration violations are also rising, making it increasingly difficult, or even impossible, for people kicked out of the U.S. to legally return. This may have a further unanticipated impact on mobility; studies suggest that people are less likely to voluntarily leave, or risk leaving, a country if they know they cannot come back. Finally, immigrants in the U.S. have traditionally been more geographically mobile within the U.S. than native-born residents. However, the recent rise of state involvement in immigration enforcement—as states and localities are increasingly passing laws targeting immigrants—means that immigrants’ abilities to move across state lines in search of jobs has also been restricted. (Danielle Citron recently posted a fascinating blog about the troubling implications of recent national, state and local laws targeting immigrants’ privacy).

In other words, the U.S. appears to be interfering with the mobility of its migrant labor force by preventing immigrants from entering or returning to the U.S. (via increasingly stringent immigration and deportation rules); preventing people from moving within the U.S. (via state and local laws increasingly targeting immigrants); and discouraging people from voluntarily leaving the U.S. (by limiting their ability to ever return).

A different story appears to be playing out in Europe, according to the Economist and the Migration Policy Institute. The European Union has been dismantling barriers to mobility between its member states, allowing workers to migrate to where the jobs are throughout the continent. Moreover, some countries, such as the UK, have been offering migrants who leave in certain circumstances a guaranteed right to return (there is some evidence that the flow of migration to the UK appears to have reversed, with increasing numbers leaving). Both of these trends should increase labor market flexibility, and it has been suggested that such policies may increase prospects for recovery. Interestingly, one country that has limited the right of return—Spain—has been unable to persuade migrants to leave despite offering people thousands of dollars in incentives to leave.

As we search for solutions to the current crisis, it will be interesting to see how these various approaches correlate to greater economic growth. Despite the difficulty of untangling the effects of economic and political forces on migration, we shouldn’t lose sight of new lessons we may be able to learn about the links between migration and economic growth.


 January 23, 2009 at 1:35 am   Posted in: Blogging   Print This Post Print This Post

Responses (2)

  1. Matt - January 23, 2009 at 10:24 am

    Very interesting, Shruti. A few quick thoughts. First, this sort of thing, to me, shows the importance of trying hard to craft a good and well-working guest-worker program. Such programs are very unpopular with most people working on immigration from a liberal perspective but I think this is a mistake, both pragmatically (a good guest-worker program is likely the best we can hope for, and if liberals don’t work towards it we’ll get a worse one) and more theoretically (it seems to me that most of the deeper objections to guest-worker programs can be met and are often based on confusions as to what such a program must be like.) This is something I’m working on now myself. Secondly, it seems to me that more dark than light is thrown on questions of migration by comparing internal EU movement to other migration since the increased freedom of movement inside the EU has been achieved only with the increasing state-likeness of the EU itself and an increasingly strong external border. So, internal EU movement has become more like normal internal state movement, and it’s not clear that that is a very good model for thinking about international movement. That’s a minor point in your picture but something that seems important to me, especially since people talking about migration often don’t give it enough credit, I think.

  2. A.J. Sutter - January 23, 2009 at 10:21 pm

    Unfortunately, many of the lessons purported to be learned about economic growth are based only on correlations; witness debates about “happiness”/”well-being” and the “environmental Kuznets curve,” among other topics. (Caveat: linked references represent the neo-liberal side of both issues, and in the EKC case radically so.)

    Still, I think you’re right to make a connection. There is a point of view, more publicly debated in Europe but still kind of fringe in the US, that economic growth is not a good thing, at least for OECD-type countries. While the European discourse is broadly-grounded, the US discourse is especially focused on environmental issues, including the physical impossibility of unlimited growth due to the law of entropy, and the undesirability of the inevitable build-up of “high-entropy” waste from economic activity. (This is distinct from the more widespread US “peak oil” discourse, which seems to focus more on the impossibility, and less on the desirability vel non, of continued growth.) The leading living US exponent of this view, U. Maryland economist Herman Daly, is also a vociferous opponent of immigration. The Carrying Capacity Network, on whose board Daly sits, has advanced the argument that a Mexican family who comes to the US is likely to have more kids than non-immigrant families, and each family member will have a bigger environmental footprint than if they stayed at home, e.g. in the US they all might have cars. While most of the other anti-growth discourse I’ve seen doesn’t forground immigration as an issue (including that of the late N. Georgescu-Roegen, Daly’s mentor on matters entropic), at least some people see restricting migration as a way of intentionally reducing GDP growth.

Leave a Reply

Spam protection by WP Captcha-Free


  • « Previous post
  • Next post »

Authors

Daniel J. Solove
Kaimipono Wenger
Dave Hoffman
Frank Pasquale
Deven Desai
Danielle Citron
Lawrence Cunningham
Sarah Waldeck
Jaya Ramji-Nogales
Solangel Maldonado
Gerard Magliocca

Guests

Derek Bambauer
Gabriella Coleman
andré douglas pond cummings
David Gray
Brishen Rogers
Joseph Turow
Elizabeth A. Wilson













Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Marvin Ammori
Michelle Anderson
Laura Appleman
Taunya Lovell Banks
Ann Bartow
Steven Bellovin
Adam Benforado
Gaia Bernstein
Francesca Bignami
Josh Blackman
Joseph Blocher
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Ryan Calo
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Glenn Cohen
Jennifer Collins
Caroline Mala Corbin
Thomas Crocker
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
Maxine Eichner
Jessica Erickson
David Fagundes
Lisa Fairfax
Joshua Fairfield
Christine Haight Farley
Kim Ferzan
Dan Filler
Mary Anne Franks
Michael Froomkin
Amanda Frost
Brian Frye
Timothy Glynn
Rachel Godsil
Eric Goldman
Kyle Graham
David Gray
Craig Green
Tristin Green
Jonathan Hafetz
Meredith Harbach
Michelle Harner
Jeffrey Harrison
Hosea Harvey
Erica Hashimoto
Jennifer Hendricks
Carissa Hessick
Laura Heymann
Robert Hillman
Gilbert A. Holmes
Nicole Huberfeld
Christine Hurt
Darian Ibrahim
Sherrilyn Ifill
John Ip
Shavar Jeffries
Kevin Johnson
Kristin Johnson
Jeff Jonas
Courtney Joslin
Dan Kahan
Jeffrey Kahn
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Alicia Kelly
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Alex Kreit
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Youngjae Lee
Margaret Lewis
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Matthew Lister
Joseph Liu
Michael Madison
Kevin Noble Maillard
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Viva Moffat
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Angela Onwuachi-Willing
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
Michael J. Pitts
Marc Poirier
David Post
Amanda Pustilnik
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Marc Roark
Sasha Romanosky
Tuan Samahon
Susan Scafidi
David Schraub
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Judd Sneirson
Adam Steinman
Charles Sullivan
Rick Swedloff
Olivier Sylvain
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Ari Waldman
Spencer Weber Waller
Howard Wasserman
Melissa Waters
Frank Wu
Alfred Yen
Corey Yung
David Zaring
Timothy Zick
Michael Zimmer
Jonathan Zittrain

Ownership

Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

Blogroll

Above the Law
Access to Justice
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Derechoalderecho
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Just Books
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
TeachPrivacy Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress