Pandemic Stimulus and Supply Chain Bottlenecks

The Trump and Biden stimulus packages, coupled with easy money from the Fed, led to a surge in demand even as the US economy was missing millions of workers.

Standard economic theory holds that such an increase in demand with compromised supply might be met through surging imports and a swelling trade deficit, and indeed, both are visible in the statistics.

The trade deficit has exploded since the beginning of the pandemic.

This has resulted in surge of goods imports, up 16% in October compared to the 2019 average.

Burgeoning goods imports implies rapidly rising activity at US ports, for example, at Long Beach in California. We can see this on the graph below, measured in TEUs, that is, 20-foot-equivalent unit or 20-foot-long cargo containers.

Source: Port of Long Beach, Port Statistics, TEUs Archive, 1995 to Present Month

Inbound cargo traffic surged by 19% in the July 2020 - October 2021 period compared to the 2017-2019 average. This pushed the port to historically unprecedented levels of activity which it was unable to accommodate in real time.

Exports were largely flat; however, they are down about 6% over the last six months compared to the 2019 average.

Interestingly, exports of empty containers have also soared, up more than one-third over typical levels.

The argument that somehow the port, or similar ports, are operating below normal levels because of a lack of labor, containers, rolling stock or offloading assets is categorically contradicted by the data. The ports have been running flat out, the result of surging imports due to the stimulus policies of the Trump and Biden administrations, as well as of the US Federal Reserve. Put another way, the supply chain crisis is entirely man-made.

The Dems' Bleak House Prospects

Much ink has been split over the Democrats' dim prospects of holding the US House of Representatives next year. We think more is at stake. Our analysis suggests the Democrats are approaching a watershed which may define the future of the party. For now, though, let's start with the easy topic: the outlook for November 2022.

The Washington Post links the Democrats' poor midterm outlook to President Biden's low approval ratings, which are the lowest since Truman, barring those of President Trump.

Approval, however, is overrated.

In the last twenty-six midterm elections covering the past century, the party in power lost seats twenty-three times, that is, in almost 90% of cases. The three times the party of the incumbent president gained seats occurred during FDR's first term as he tackled the Great Depression, George W. Bush's first term in the wake of 9/11, and most tellingly, Bill Clinton's second term, a period of exceptional prosperity for the US in the post-Vietnam era. The latter result will prove central to our next post.

The typical midterm losses of seats are huge, averaging 35 for the party of the sitting president. Given the Democrats’ slim five seat hold on power in the House, the odds of retaining the majority are vanishingly small regardless of the President's approval ratings.

Of course, political approval or disapproval can mitigate or exacerbate the underlying fundamentals. As a statistical matter, each 10 points of net approval (approve minus disapprove) is worth about 4 seats. As it stands, the President's -9 net approval rating implies a loss of 38 seats using a linear regression model. Nevertheless, even if the President's net approval rose from its current dismal level to Bill Clinton's impressive +28, the result would be a swing of only 15 seats, yielding a net loss of 23 seats in aggregate. The Republicans would still emerge comfortably in control.

Bottom line: Public approval will not save the Democrats' majority.

More recent history suggests an even harsher drubbing. During Bill Clinton's first term, the Democrats lost 54 seats in the House at the midterms. Obama's first term was even worse, clocking up a loss of 64 seats, the worst since FDR's second term. Based on the track record of the prior two Democratic presidents in their first terms, the Democrats might expect to lose anywhere between 50 and 65 seats. Put another way, a midterm thrashing for the Democrats would be nothing new, only a repeat of recent history.

The issue is therefore not the loss of seats, which are unlikely to be unusual by recent standards for the left. Rather, it is the level which matters.

Should the Democrats lose more than 58 seats, their representation in the House will fall to its lowest level in a century and bring into question the viability of the Democrats as a national party. The left has suffered this fate in Britain, and even more so in Hungary. This is the very definition of Corbynization as I use it: the positioning of the Democratic Party so far left that it becomes irrelevant in the national conversation.

In our next post, we will examine the historical roots of this development and the steps the Democrats must take to avoid relegation to the sidelines.

How much did Open Borders contribute to Apprehensions?

With the release of the September JOLTS data this past week, revisiting the relationship of job openings to border apprehensions is in order.

We had earlier argued that illegal immigration is largely driven by the US job market. The JOLTS data continues to support this view. In the last eighteen months or so, in percentage terms, the change in southwest border apprehensions has tended to equal twice the change in job openings. Therefore, if US job openings rose by 2%, we would expect to see border apprehensions increase by 4%. The sign is generally in the right direction, and the coefficient broadly holds up. That is, more job openings almost always mean higher apprehensions; and a big increase in job openings tends to produce a big increase in apprehensions. This is as we would expect for a black market, including the black market in migrant labor: Demand drives supply (and if you follow that logic, it leads to a need for amnesty).

Source: BLS JOLTS, Customs and Border Protection, Princeton Policy analysis

Of course, job openings are not the only driver of illegal immigration. Border policies also matter. For example, the Obama administration saw a smaller surge (or more correctly, a return to more typical migration patterns) in 2014. The administration cracked down and was able to reduce apprehensions even as job openings were increasing.

Just the opposite has happened under the Biden administration. Border apprehensions surged by 100,000 per month from January to April of this year, a rise of 130%, while job openings were up only 30% during the same four month stretch. Clearly, the big surge in border arrests in the first months of the Biden administration was due to a change in enforcement policies, not job openings. However, since then, border traffic has tended to mirror job openings.

We can use the historical data to allocate border crossings to various policy initiatives. Given the recent level of job openings, we would have expected to see 1.1 million border apprehensions for calendar year 2021 applying the Trump administration's border regime. This is a high number, indeed, the highest since the Great Recession. However, 1.1 million apprehensions were absolutely routine under the Bush administration in the early 2000s. A return to this level reflects not much more than the gradual dissipation of the effects of the Great Recession and a return to normal levels of illegal immigration.

​The allocation of ​border apprehensions to the Biden stimulus program is trickier. How many job openings would the US have if the stimulus were not in place? It depends a great deal on the organic pace of recovery from the pandemic, but figure perhaps 6 million job openings versus 10.4 million posted for September. This suggests that, of the 1.1 million expected apprehensions, 0.6 million would represent the anticipated base (business-as-usual) level, and another 0.5 million would have resulted from the various stimulus programs. This is not all bad news. A high level of job openings represents a strong economy; a similarly correspondingly high level of apprehensions is merely the response of the black market in migrant labor to US job opportunities.

Of course, we forecast total calendar year, southwest border apprehensions at 1.9 million versus 1.1 million resulting from underlying economic trends and the various stimulus packages. The difference, 800,000, therefore can be reasonably attributed to the administration's Open Borders policy. We can see this surge of 100,000 monthly to April of this year, which added together month by month totals about 800,000 for the year as a whole.

Therefore, of the 1.9 million southwest border apprehensions we forecast for calendar year 2021, 600,000 represents the base layer which would be anticipated even without the stimulus packages; another 500,000 apprehensions arise from the administration's various stimulus initiatives; and 800,0000 of the total can be plausibly allocated to the administration's Open Borders policies.

This 800,000 also represents the wedge for 2021 between Democratic and Republican positions regarding discussions of amnesty. Republicans could reasonably require that those migrants who entered the country under the Biden Open Borders policy be removed from the country before any discussion of amnesty for long-term undocumented residents can be undertaken. Given that we are not very good at removing undocumented immigrants, such a condition may never be fulfilled, and thus discussions of amnesty may not be resumed until the Open Borders period fades from memory, figure 2030 or so. Alternatively, a resurgent Republican Party may finds itself with a mandate to remove the undocumented come 2024. In either event, the prospects for amnesty -- in our terms, renewable H2 visas for long-term undocumented residents -- have been greatly diminished by President Biden and the various immigration advocates who have endorsed an open borders policy.

October SWB Apprehensions: Lower, but still very high

Preliminary Border Patrol data indicates 163,000 migrants were apprehended at the US southwest border in October. This represents a decline of more than 22,000, or more than 12%, from September. Ordinarily, October apprehensions are just slightly below that of September; as a result, October's numbers constitute a relative improvement in border control by the Biden administration. On the other hand, this past month was still 78% higher than the next closest October, that of October 1999, when 91,410 persons were apprehended at the southwest border. For purposes of comparison, October apprehensions averaged 45,000 under President Trump and 33,000 under President Obama. Thus, October apprehensions were better than expected, but still four or five times the average for the month during the Trump or Obama administrations.

With the apprehensions decline in October, our calendar year forecast is adjusted down to the 1.85 - 1.88 million range, which would again be a record by a comfortable margin. Indeed, apprehensions have already set an all-time record for the calendar year -- with two months left to go!

Overall, the Biden administration is seeing a marginal improvement at the border, but apprehensions remain far above normal levels.

More at The Epoch Times.

Manchin on Illegal Immigration and Amnesty

West Virginia Senator Joe Manchin (D) gave an interview to Fox last week covering a range of topics, including illegal immigration and amnesty.

Regarding the inclusion of amnesty in the reconciliation bill, Manchin said

I'm not going to vote to overrule the Parliamentarian, and I've always said that...I'm not going to do that, and they [the other Senators] all know that.

The Senate Parliamentarian has already rejected amnesty in the reconciliation bill.

Manchin continues:

If the people who are here working are allowed to continue to work and help our economy, and help their family and help all of us benefit from it, I [support it].

For us to be even talking about immigration without border security is ludicrous. I've told them, the average person turns on the TV and sees what's going on on the border. And that basically scares the bejesus out of an awful lot of people. If they [the migrants] think they can come and get all the benefits that the citizens of America are entitled to, they're going to continue to come. So, no, I don't think so.

Border security in 2013, the bill that we did, we tried to have a pathway to citizenship to take care of our Dreamers -- which I have a lot of compassion for. I would love to do something for people, even if they came wrong... Pay your fine, get in line. You won't be jumping the line, but nobody becomes a citizen until the border is declared secure.

I have basically two reactions to this:

First, I continue to be astounded by the lack of sophistication of immigration advocates -- the NILC, fwd.us, the SPLC and the Immigration Hub -- in understanding the politics of amnesty. Did they really think that Joe Manchin would cave or the Senate Parliamentarian would let amnesty slip into the reconciliation package? Did they not understand that open borders and amnesty are two diametrically opposed objectives, that signing on to the former would doom the latter? Did no one think to do some basic due diligence and talk to Joe Manchin and Kyrsten Sinema before endorsing the flood at the southwest border? I struggle to understand how such DC insiders could be so naïve or unprepared.

Second, border security is problematic. I sense that the political right has become disillusioned with the prospects for successful border enforcement, in part because we have argued that a black market cannot be resolved with an enforcement-based approach. (I will have a separate note on this.) That means that the left has nothing to trade for amnesty. If the right believes that Democrats will be unwilling to enforce the border -- as is the case now -- or unable to enforce the border for whatever reason, then conservatives really have no incentive to vote for amnesty beyond human decency. Given that the Biden administration has now weaponized migrant flows, this compassion for the long-term undocumented may be a long time in coming. Once again, the lack of sophistication in understanding the politics of amnesty is just astounding.

If the left has any hopes of getting a material amnesty passed this decade, they had better start taking a hard look at a market-based approach. That is the only one which will close the southwest border to to illegal immigration while at the same time not only offering, but requiring, legal status for long-term undocumented residents.

Corbynization!

I had earlier written that President Biden was Corbynizing the Democratic Party. Jeremy Corbyn, the leader of the UK Labour Party from 2015 to 2020, moved the party so far left that it was considered unelectable. Indeed, in the 2019 general election, Labour's vote share fell to 32%, leaving it with 202 seats in parliament, its fewest since 1935. Yesterday's election shows President Biden is doing exactly this to the Democratic Party. What should have been an easy win in Virginia turned into a pounding for the Democrats, and New Jersey Governor Phil Murphy is holding on by his fingernails in an election he won easily in 2017. Both Virginia and New Jersey signal a shift in the electorate by 13 percentage points, which is huge. Put another way, if the Democratic Party saw results similar to the UK, the Democrats would hold 135 seats in the House to the Republicans' 300, that is, the Republicans would have a two-thirds majority. That's Corbynization.

Much of my work relates to the changes I saw in Hungary following the collapse of communism. In Hungary, the fiscal conservatives abandoned the anti-communist coaltion and moved to the left in the early 1990s. This occurred also in the US and UK, with Bill Clinton and Tony Blair acting more like moderate Republicans than today's progressive Democrats do. Both Clinton and Blair were successful. Donald Trump did his utmost to expel the moderates from the Republican Party, and indeed, suburban independents defected to the Democratic Party in 2020 to elect a Joe Biden promising to be a boring centrist. Joe Biden had an opportunity -- and indeed, a crushing need -- to consolidate independents and moderate Republicans to the Democratic cause. With the fall of communism, blue collar whites abandoned the Democratic Party and became the backbone of the socially conservative Republican Party. This had the effect of pushing the median voter boundary to the right, that is, pushing the fiscal conservatives to the left, back to their historical position prior to the communist era. Biden won with support of the moderate voters; McAuliffe lost without their backing.

To put it into numbers, here are our estimates of voters' ideologies on a stylized basis in the post-communist era: egalitarians (progressives), 33%; fiscal conservatives (libertarians and some independents), 17%; social conservatives, 50%. The median voter boundary therefore falls between the fiscal conservatives (suburban independents) on the left and the social conservatives on the right.

As a result, Republicans can win without the fiscal conservatives, as Trump did in 2016. Indeed, but for a full court press by independents, Trump would have gained those 44,000 votes in four key states which would have brought him the presidency in 2020.

By implication, if the Democrats are to hold power, fiscal conservatives must dictate the tone of the left, just as fiscal conservatives did on the right during the communist era. Failing that, the Democrats will suffer the fate of Labour in the UK. Nevertheless, President Biden has allowed 'the squad' -- three radical leftist women -- to brand the Democratic Party. It is Manchin and Sinema who are out of step and obstructing 'consensus'. Under Biden, the Democrats have become a hard left party, with the moderates -- the Amy Klobuchars and Pete Buttigiegs -- passively surrendering to the progessive agenda while a solitary Joe Manchin attempts to hold back the flood like the Dutch boy with his finger in the dike. Suburban independents have no interest in socialism, but without their help, Democrats will lose, just as they did in Virginia yesterday. And lose big they will. As I wrote in my Sept. 24 note, "the Democrats are likely to be obliterated at the polls next November." We have now seen the preview.

Even worse, the trend seems to be deteriorating for the left. In Hungary, for example, the boundary between conservatives and the left runs near the 70th percentile. That is, egalitarians and fiscal conservatives together barely crack one-third of the electorate. As a result, the opposition's candidate to face off in Hungary's elections against the conservative prime minister Viktor Orban is...a conservative. Both the incumbent and the challenger are conservatives. That is the mood of the times.

The US will not be immune to these trends. A rapidly aging society with low economic growth is likely to become more conservative, and that's exactly what we see. The defections of blacks, and in particular Hispancics, to the Republican Party are likely to continue and very possibly intensify. The Hispanics I know are mostly hard-working, religious and conservative people. In terms of economics, they look a great deal like non-college educated whites, the core Trump constituency. But for the wedge issue of illegal immigration and amnesty, a large portion of Hispanics would move to the conservative side of the ledger.

I would like to think that, like Bill Clinton, Joe Biden will experience an epiphany and move hard to the center. But does Biden have Bill Clinton's acumen, energy, leadership and political skills? I fear not. I fear he will continue to dig deeper into the hole already rising around the Democrats.

And keep in mind all this likely gets worse. House prices have started to implode, with real estate website Zillow announcing layoffs of one-quarter of its staff. Home price implosions absent a recession are rare; indeed, a collapse in house prices usually signals a depression. Meanwhile, US oil company Diamondback has announced it will not increase production next year. If other US producers follow suit, expect the price of oil to surge well beyond $100 / barrel. In terms of the economy, the coming year could be really ugly. If the Democrats thought this election was bad, just wait a year.

I have offered to help the Biden administration develop a market-based approach to illegal immigration, one which would close the southwest border to illegal immigration while providing legal status for long-term undocumented Hispanic immigrants in the US. This is a policy tailor-made to suit the tastes of independent voters. Of course, by allowing in more than one million unauthorized migrants over the last year, the Biden administration has not made the work any less challenging, but we have to start somewhere.

The offer still stands.

Hispanics hate Open Borders

The Washington Post recently headlined an op-ed entitled Biden is bleeding support from Hispanic voters. Democrats should be petrified, and 538 notes that Biden Has Lost Support Across All Groups Of Americans — But Especially Independents And Hispanics. The key graph from 538 is below. While Biden has lost 10-12 points with whites and blacks, he is down about 20 points with Hispanics.

*******

A Quinnipiac University poll from October 6th provides more detail, but let me spoil the punchline: Hispanics by and large hold similar opinions to the average American. The numbers.

General Opinions of the Biden Administration

Hispanics rate Biden's overall performance rating a bit better than than all Americans, but only by a few percentage points. Like most Americans, Hispanics disapprove of Biden's overall performance by a substantial margin.

More than the average American, Hispanics think the Biden administration is incompetent.

Hispanics view Biden's management of the economy as other Americans do, that is, they are unsatisfied with his performance.

Hispanics think the Biden administration is a disaster on foreign policy.

Immigration Issues

The US public thinks Biden is doing a terrible job on immigration issues. Hispanics are even more critical than the general public.

Hispanics think Biden is doing an even worse job on the border than the average American does, Hispanics by a ratio of almost 3 to 1. If advocacy groups like the Southern Poverty Law Center, the National Immigration Law Center or the Immigration Hub think Open Borders is a good idea, well, most Hispanics disagree with them. The progressive advocates are out of step with the American public, including the Hispanic public.

​Americans as a whole think the Biden administration is not being aggressive enough in deporting undocumented immigrants by a ratio of 3:1. Hispanics, by a ratio of 2:1, think the Biden administration should be more aggressive with deportations. These are huge margins.

Hispanics disapprove of the Biden administration's treatment of undocumented immigrants, but by a smaller margin than the average American.

Overall, the views of Hispanics are not much different than the views of the general public. Hispanics are unhappy about the Biden administration, its perceived incompetence, management of the economy, and its immigration strategy. The public -- including the Hispanic public -- is sharply critical of the administration's open borders policy.

FY 2021 Apprehensions: A New Record

Customs and Border Protection yesterday reported 185,515 apprehensions at the US southwest border for the month of September. This was 10,000 fewer than the previous month but still twice the level of the next highest September, that of 2000 under the Clinton administration.

With this, the Biden administration now holds the record for the greatest number of fiscal year apprehensions at the southwest border in US history, 1.658 million versus 1.643 million in 2000. This comparison will only deteriorate to the end of the year, with our current forecast putting calendar year apprehensions at 2.0-2.1 million, 400,000-500,000 more than the next closest year.

If there is anything positive to report, it is that inadmissibles -- those presenting themselves without proper documentation at official crossing points -- have declined dramatically in September, falling by more than half to 6,486, a level low even by historical standards. This suggests a material change in Customs policy which has largely curtailed the opportunity for undocumented migrants to cross into the US at official entry points.

It is hard to overstate how devastating the administration's apprehensions record is for the prospects of long-term undocumented immigrants in the US. I visited at the Heritage Foundation before the pandemic to lobby for a market-based approach to end illegal immigration. I was very kindly received and told that Heritage would be willing to consider alternatives with one exception: "No amnesty." This is understandable. The last amnesty, resulting from the Immigration Reform and Control Act of 1986 (IRCA), brought a flood of illegal immigration and solved exactly nothing. Conservatives correctly felt duped by IRCA and swore they would never be suckered into an amnesty again. And this is where the matter has stood for now 35 years.

Still, the Great Recession and the passage of time offered a glimmer of hope that at least DACA recipients, and perhaps some additional long-time undocumented residents, might be provided legal status. The population of the undocumented had been falling modestly since 2008 and the risk of a surge in illegal immigration looked like a worry of the past. Beyond the Democrats, there was sympathy for granting legal status by what may be called the Romney Faction: Republican senators Romney, Collins, Murkowski and a few others. Now those hopes are dashed. No sane Republican would even want to discuss any kind of amnesty, much less propose it, before the 2022 elections at a minimum. And those on the hard right will find it all too easy to retreat to the redoubt of 'no amnesty'.

For those of us interested in a balanced solution using the textbook, tried-and-true method, this is something of a disaster. Closing the border to illegal immigration with a market-based approach is comparatively trivial. On the other hand, ending illegal immigration in aggregate is hard without providing legal status to the vast majority of undocumented Latino immigrants in the US. Unfortunately, this pool now includes both the Trump surge of 2019 and the current Biden tsunami. Would these groups be included in any amnesty? It seems unlikely.

Alternatively, recent arrivals could be expelled. This would require an internal US enforcement effort unlike any seen in the last half century. Perhaps that will be the price: A wide scale round-up and expulsion of those apprehended at the border from the start of 2019 in return for some sort of legal status for long-term undocumented. But once the internal apprehension machinery is in place, well, it can be employed more broadly.

The administration's open borders policy is an unmitigated disaster, most particularly for the long-term undocumented who, in our view, warrant legal status sufficient to work without fear of apprehension. Repairing the political damage may take a decade or more.

Hypocrisy and Illegal Immigration

President Biden has been heaped with criticism over the government's perceived harsh treatment of migrants. Until recently, most of the criticism has come from the right, for example, that the administration was willing to help Tajikistan secure its border, but was unwilling to do so at the Rio Grande. By contrast, the perceived ill-treatment of Haitians in the past two weeks has elicited criticism from the left. In "Hypocrisy over border issues," a Pittsburgh Post-Gazette op-ed takes the president to task:

As the humanitarian crisis at the Del Rio refugee camp in Texas continues, the Biden administration is predictably doing one thing while saying another. [In this] major humanitarian crisis much closer to home – also created by the U.S. — the Biden administration doesn’t show a shred of humanity. Here, Haitian refugees are beaten by men on horseback, corralled and forcibly deported back to the dungeon we created for them.

​Black markets, including the black market in migrant labor, is the stuff of hypocrisy. As readers know, we define 'liberal' as 'pertaining to the individual' and 'conservative' as 'pertaining to the group and its members'. ​Progressives took the Biden administration's policy to be liberal, in that the decisions of individuals to enter the US should be respected. If Haitian migrants show up and claim asylum, they should be allowed to proceed to the US interior and essentially roam free until a court hearing, for those motivated to show up at all. The president is now accused of hypocrisy in that he is representing the will of the group -- the US public -- to have control over its own border. Thus, the president is accused of hypocrisy for pretending to be a liberal, but acting like a conservative.

Not so long ago, these accusations flowed the other way. In 2019, Vanity Fair headlined a piece entitled Trump Happily Employing Undocumented Workers while ICE Rounds Them Up. Here Vanity Fair was accusing President Trump pretending to serve the community by controlling the border while hiring these same undocumented workers for his own economic benefit. He was talking conservative, but acting liberal.

This hypocrisy is a central feature of black markets. The interest of the individual as principal (self-interest) is divorced from his interest as a member of the group (duty). This tension means that no consistent line can be held as a matter of political realities. Until they cross the border, migrants will be treated as Illegal Aliens. Once in the US interior, though, they are magically transformed into Valued Employees, considered so even by Republican employers like, say, President Trump. Thus, policy oscillates between restrictive and permissive border policies, on the one hand, and a willingness to tolerate undocumented employees for decades without either providing them legal status or mustering the will to deport them.

A corollary of this is that no one is happy with policy. Progressives are angry that the Senate Parliamentarian nixed amnesty and furious at the President for his treatment of Haitian migrants. Conservatives are apoplectic that the president has left the border wide open. On the other hand, do progressives really want open borders? How many months of 200,000 southwest border apprehensions will it take to crater the wages and employment rates of long-time undocumented residents? (By our estimates, at the current pace, by the second half of next year, those very progressives will be facing some angry Mexicans and Central Americans who entered the US a decade or more ago.) And what of conservatives? Are they willing to give up their $4.99 Costco chicken? Are they willing to put up with shortages of goods on the shelves? Or will they condone undocumented labor in the name of convenience? Hypocrisy abounds on all sides, and everyone is dissatisfied.

Almost all my readers accept the premise that illegal immigration is principally a sovereignty and law enforcement issue. It is not. It is a labor markets issue and can only be resolved using a labor markets approach. As a by-product, that will provide sovereignty, materially address the law enforcement problem, provide legal status for the long-term undocumented, and ensure dignity for those seeking to work in the US. Until we look at the problem through a labor markets lens, though, all sides will remain frustrated by the hypocrisy in immigration and border policy.

Biden, Immigration Advocates kill DACA

The chickens are coming home to roost at the southwest border. The president's open borders policy has now attracted migrants from a wide range of countries, including Ecuador, Brazil, Nicaragua, Venezuela, and Haiti, up ten-fold under the Biden administration.

US Customs and Border Protection via The Wall Street Journal

US Customs and Border Protection via The Wall Street Journal

Key among these is Haiti, with thousands of Haitian migrants in recent days holed up under a bridge in Del Rio, Texas. As with the evacuation from Afghanistan, the media has conveyed riveting images of the crisis at the border, hammering home again the failure of administration policy.

Haitians bridge.jfif

​It was to be expected, and even anticipated. An Open Borders policy will have takers by the millions. Of course, Haiti is a disaster on many levels. But it is also grindingly poor on its best days. The unskilled Haitian wage is $0.50 / hour, one-third that of Guatemala or Honduras, and one-seventh that of northern Mexico. If Haitians could earn $3 / hour in the US, they would think they had reached the promised land. ​And in a labor-starved US economy, they can earn many times that, as much in a day in the US as they would in a month back in Haiti. And add to that $30,000 / year in education, nutrition and healthcare support per child, and it's the deal of a lifetime. Why wouldn't they come?

But why now? Clearly, a smaller cadre of Haitians over the last few months tried their hand at entering the US -- and they were successful! They called their relatives who told their friends, and a few months later, 15,000 Haitians are camped out under a bridge in Del Rio. This is only to be expected with an Open Borders policy. As I have written elsewhere, migrants will continue to come until their expected US wages fall to their Relocation Wage. As I note above, that's about $3 / hour for Haitians. US wages would have to fall a long way to prevent vast numbers of Haitians from attempting a border crossing.

As with Afghanistan, the administration has reacted to the Del Rio debacle in knee-jerk fashion, notwithstanding warnings from Border Patrol months ago that this exact situation was in the cards. From Politico:

In sharply visceral terms, the national Border Patrol union blasted the White House on Tuesday, characterizing it as inept for failing to have a plan in place to deal with the influx of some 15,000 migrants that left agents overwhelmed. Brandon Judd, president of the National Border Patrol Council provided text from emails he says the union had sent to the administration in June warning of an influx of migrants in Del Rio. In those texts, the union suggested a way to process the crowds more smoothly. But the response from management in the Border Patrol’s Del Rio sector, according to the union, was that “several other platforms are being considered which are more efficient.”

A crisis months in the making had to be resolved in days, leading to deportation flights and footage of agents on horses batting at migrants. This in turn elicited an open letter to the president from immigration advocates blasting administration policy:

In recent weeks your Administration has violated asylum rights and refugee laws enacted by Congress and embraced policies that inflict cruelty on Black, Brown and Indigenous immigrant communities. We fear that commitments made on the campaign trail—to uphold the United States’ domestic and international legal obligation to asylum, to end privatized detention, and to disentangle federal immigration enforcement from local law enforcement—are being shredded before our eyes.

​And what do these advocates suggest as appropriate policy?

Your Administration must restore asylum access at ports of entry, rescind the Centers for Disease Control and Prevention’s expulsion order, and issue a new termination memo for the Migrant Protection Protocols. Deportation flights to Haiti must stop, and those seeking safety at our borders must be granted their legally assured chance to seek asylum. Your Administration must end its reliance on incarceration for immigration processing, and instead commit to working with community-based legal and social service providers.

In other words, immigration advocates are calling for a de facto open borders policy. Anyone who wants to enter should be able to, and migrants should be released into the US interior for management by community-based service providers. It is exactly this policy which has caused the border crisis in the first place.

Meanwhile, the Senate Parliamentarian, Elizabeth MacDonough, rejected including amnesty in the reconciliation bill, writing that

​Changing the law to clear the way to LPR [legal permanent resident] status is a tremendous and enduring policy change that dwarfs its budgetary impact. Finally, it is important to note that an obvious corollary of a finding that this proposal is appropriate for inclusion in reconciliation would be that it could be repealed by simple majority vote in a subsequent reconciliation measure. Perhaps more critically, permitting this provision in reconciliation would set a precedent that could be used to argue that rescinding any immigration status from anyone - not just those who obtain LPR status by virtue of this provision -- would be permissible because the policy of stripping status from any immigrant does not vastly outweigh whatever budgetary impact there might be.

​Amnesty was bound to be rejected, for the very reasons MacDonough elaborates. This should not have surprised immigration advocates.

Before the current border surge, a number of Republicans looked willing to support at least a partial amnesty, including legal resident status for DACA participants and perhaps something similar for those with long-standing residency in the United States. As it is, a hemorrhaging border​ makes the topic of amnesty radioactive, providing Republicans a viable rationale to reject amnesty. Senator Lindsey Graham of South Carolina, the top Republican on the Budget Committee, captured the sentiment: "[Amnesty] would have led to an increased run on the border — beyond the chaos we already have there today,” he told the New York Times.

​The proposed trade is as it has been: amnesty for border security. In actively undermining border security, the Biden administration has poisoned the well for amnesty. By endorsing open borders in the letter above, signatories like ​the American Civil Liberties Union, the American Immigration Lawyers Association, Human Rights Watch, the National Immigration Law Center and the Southern Poverty Law Center have eviscerated the prospects of long-term undocumented residents. Given the choice of championing newly-arrived migrants or millions of Mexicans and Central Americans who have lived in the US for at least fifteen years, immigration advocates have prioritized new migrants.

The window for amnesty may not re-open for a long time. President Biden has fully Corbynized the Democratic Party as fundamentally socialist and phenomenally inept. He has violated his mandate with independent voters by proposing a fantastic expansion of government when voters wanted only calm. And it gets worse. Home prices have started to fall and stock prices are shaky. The massive money creation by the Fed is working its way out of assets like housing and stocks into consumer goods and products inflation. Historically, a steep fall in asset values is associated with a financial shock like those of 1987 in the US or 1998 in Asia. Alternatively, the Fed may have to postpone the taper, bringing higher inflation. Some sort of adverse economic event likely sits between us and the election. Between the rebranding of the Democrats as a socialist party, incredibly poor policy management, and an economic downturn, the Democrats are likely to be obliterated at the polls next November. After the current surge in illegal immigration, Republicans in the next Congress may be in no mood to discuss amnesty. Possibly not for a long, long time.

Immigration advocates should have taken a harder line, calling on Biden to firmly enforce the border, and use the goodwill to secure at least DACA and perhaps an enhanced package for undocumented residents living more than a decade in the US. Instead, we will see a large rise in the illegal population and a Republican retreat to the battlements of 'no amnesty'. The left may bank this as a win, but long-term undocumented Mexicans and Central Americans may come to appreciate that they have been sold out by those very advocates who claim to champion their cause.

August Border Apprehensions: Chasing the Fiscal Year Record

US Customs and Border Protection reported 195,558 apprehensions at the US southwest border for the month of August. This is 5,000 fewer than the previous month, but 76% higher than the next highest August, that of August 2000 when apprehensions reached 114,000. The level remains exceptionally high.

In addition, July apprehensions were revised up by about 900, resulting in the breaching of the symbolically important 200,000 apprehensions threshold for that month. In the last twenty one years, the US has never recorded a month with apprehensions over 200,000 -- until this past July.

With only September left in the fiscal year, the Biden administration is perilously close to setting the all-time record for southwest border apprehensions in a fiscal year. Our current forecast anticipates 1.640 million apprehensions for fiscal year 2021, with the record from 2000 standing at 1.643 million. That is, a swing of only 3,000 apprehensions would set the record for the fiscal year. Put another way, if apprehensions exceed 170,000 for September, the Biden administration will hold the record for worst ever fiscal year. Apprehensions have held consistently above 170,000 / month since April. A new high is within sight.

As before, the record for the worst calendar year is all but in the bag, with our forecast for southwest border apprehensions through December standing at 1.85 million, trouncing the year 2000 at 1.643 million. It won't be close, and the previous record is likely to be smashed by 200,000 or more.

Inadmissibles -- those presenting themselves at official crossing points without appropriate documentation -- continue to climb, albeit at a slower pace. Inadmissibles for August totaled 13,329, about 400 higher than the previous month and well above long-term averages. The data suggest, as before, that migrants are finding success entering the US at official crossing points, even without proper documentation. Notwithstanding, the situation does not appear to have deteriorated materially in the last month.

All this comes at a political cost. Readers will recall my surprise that DHS Secretary Mayorkas has retained his job given the appalling numbers at the southwest border. Nevertheless, the heat is on. Mayorkas’ chief of staff, Karen Olick, announced Monday that she will be leaving for an undisclosed opportunity. The circumstances are unclear, but Politico notes that the "shakeup comes as the Biden administration tries to grapple with the flow of migrants at the southern border."

Olick may not be the last to go. Mayorkas may yet be axed if southwest border apprehensions break the fiscal year record when the numbers are reported next month.

Prepare for a bad decade at the border

Apprehensions at the US southwest border track US job openings. And that means trouble is brewing.

Jobs and Apprehensions

As readers know, Customs and Border Protection reports southwest border apprehensions monthly. Readers may be less familiar with JOLTS, the Job Openings and Labor Turnover Survey, a monthly assessment of the US job market published since late 1999 by the Bureau of Labor Statistics of the Department of Labor.

Border apprehensions closely track JOLTS job openings. A quick tour through the historical data is enlightening.

The previous peak for border apprehensions occurred during the hot economy of the dot-com boom in 2000, and apprehensions thereafter followed job openings down, bottoming in 2002 with the subsequent recession. The recovery from the dot-com bust brought more jobs and more migrants, with apprehensions interestingly peaking in 2005 with the US real estate market and declining precipitously thereafter. Indeed, border apprehensions were an earlier indicator than US job openings of the severe recession which took hold in late 2007.

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With the onset of the Great Recession in 2008, apprehensions continued to decline and collapsed to levels not seen since the late 1970s. They remained depressed until 2018.

The Obama administration faced a small surge at the border in 2014, but managed to regain control over illegal entries by the end of that year. The border saw yet another surge in the months prior to Trump's inauguration, with migrants accelerating their US crossings for fear of more difficult border conditions once Trump took office. Trump's harsh rhetoric did in fact intimidate migrants into delaying their journeys north, with the result that 2017 border apprehensions were the lowest since the early 1970s. Action did not match words, however, and migrants soon came to appreciate the Trump administration as something of a paper tiger. Border traffic rebounded, culminating in another crisis starting in July 2018 and peaking in May 2019. During this period, the Trump administration undertook a series of measures to induce Mexican and Northern Triangle governments to curtail migrant movement and implemented the much-loathed Migrant Protection Protocols. These reduced apprehensions to more typical levels by the end of 2019, even though the US job market remained strong.

The covid pandemic saw both job openings and border traffic crater. By this past spring, however, US job openings were headed into record territory and border apprehensions were keeping pace, likely to reach all-time highs this calendar year.

The history of the last twenty years strongly suggests that migrants respond to US labor market conditions, both good and bad. Migrants are not driven principally by domestic hardship, as both CIS and I have shown. Rather, when US wages are strong and jobs are plenty, Central Americans head north. The strange and yet inescapable conclusion is that US and Latin American labor markets are to an extent integrated. Guatemala and Honduras may be exotic places in the American imagination, but Central Americans are no strangers to working in the US. The US is not exotic, it's where the jobs are. Therefore, illegal Central Americans and Mexicans may be considered an integral part of the US labor force, a 'subprime' part perhaps, but nevertheless a part of it. This is quite remarkable given that crossing the border is ostensibly illegal. The migrant response to US job openings should not be so dynamic. But it is, and we see a healthy market as though the border were mostly an inconvenience, that is, we see a robust black market in migrant labor finding its way around border enforcement with comparative ease.

Of course, US administrations have successfully limited illegal border crossings in recent years. As noted above, the Obama administration suppressed a smaller surge during 2014; the 'Trump intimidation' brought near record low crossings in 2017; and the various harsh Trump policies from July 2018 managed to restore order by the end of 2019. While all of these worked for a time and to an extent, traffic inevitably picked up if jobs were waiting.

The Biden administration has managed to be both unlucky and inept, a combination not limited to border policy. The administration relaxed border enforcement straight into the teeth of the hottest job market in at least twenty years, with the likely result a record in border apprehensions for the year. The high number of border crossings is partly, but not entirely, due to administration policy. Be that as it may, the Biden administration will carry the blame, in this as in other matters.

The Outlook for Illegal Immigration

In some ways, the more pressing issue is the outlook for future border crossings. Just a few years ago, our friends at some of the think tanks assured us that the threat of massive surges in illegal immigration were over. By this line of thinking, granting amnesty to undocumented residents represented no risk of a new surge in illegal immigration, as had been the case in 1986 following the passage of IRCA, legislation which extended amnesty to undocumented Mexicans in the US. Clearly, the risk of a massive illegal immigration is not over.

What should we expect in the future? Is the current surge an anomaly which will pass, or does it represent a return to earlier historical patterns? As it happens, this depends principally on the interpretation of the decade from 2008 to 2018, which in turn depends upon whether the Great Recession was only a recession, or in fact, a depression.

A short digression on economics

There is no agreed definition of the difference between a recession and a depression. However, if one cares to dig a bit, they can be distinguished, and if one works with a variety of time series data as I do, the hallmarks of a depression are evident after 2008. For example, on the graph below we can see US vehicle miles traveled (VMT) on US roads and highways, generally a good indicator of the country's economic health. During the first oil shock of 1974 and the subsequent oil shocks of 1979-1982, vehicle miles traveled initially fell, but achieved new highs immediately after the recession officially ended. In the 1991 Gulf War recession and the 2001 dot-com bust, VMT barely flinched. By contrast, during the Great Recession, vehicle miles traveled fell steeply and did not regain their 2007 peak until 2014, seven years later. (And for that, thank you, US shales.) And further, VMT was not back on trend until mid-2017, ten years after the beginning of the downturn. Clearly, the Great Recession was qualitatively different from a normal recession, different even from the brutal and prolonged oil shocks of the late 1970s.

Im F 2.png

These effects are also visible in housing and consumer credit, more relevant indicators for our discussion. Some analysts feel that the business cycle is essentially the housing cycle, and indeed, housing starts largely track recessions and recoveries. However, on only two occasions in modern history have house values fallen and remained depressed: the Great Depression of the 1930s and the Great Recession of 2008. Much like vehicle miles traveled, US house values did not recover their 2007 peak until late 2016, almost a decade later. This matters because homes are the primary collateral of consumers, and homeowners were thus compelled to spend the better part of a decade paying down mortgages and other loans, with consumer credit not recovering its 2008 peak until 2017. In the interim, borrowing remained depressed, employment and GDP growth were tepid, and the public mood remained sour. Establishment politicians struggled for credibility, and voters across the globe regularly turned to outsiders, including television personalities and a few comedians, hoping for a better approach to governance.

Im F 3.png

So why does all this matter for illegal immigration? Because the patterns of depression are visible there as well. As with housing, vehicle miles traveled and consumer credit, remittances to Mexico from the US peaked in 2007 and did not regain that level until May 2018. Similarly, the undocumented Mexican population, according to estimates by Pew Research, peaked in 2008 and declined through 2018. Clearly, the undocumented immigrant population was under financial stress, as were US homeowners, and this stress may have contributed to some undocumented residents returning to Mexico, on the one hand, and likely acted as an impediment to new border crossers, on the other. A depression from 2008 to 2018 would explain the decline in the undocumented immigrant population.

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Remittances recovered their previous highs in May of 2018, and the Trump border surge began two months later, in July. This recovery in border traffic was interrupted by covid, but as the pandemic has eased, apprehensions have soared to what promises to be historic levels. One is left with the impression that the recent, elevated levels of apprehensions are not entirely one-off surges, but rather the restoration of patterns which persisted for decades before the Great Recession. It would appear that the Great Recession was the anomaly, and the Trump and now Biden surges constitute a return to business as usual.

Demographic trends to 2030 -- an aging US society coupled with a shortage of low wage workers -- will make illegal border crossing attractive. Migrants may well be incentivized to jump the border for the balance of the decade. The future may therefore look like the pre-2007 era; indeed, from the migrant perspective, the 2020s may prove the best decade for illegal immigration since the current border regime was established in 1965.

The numbers can be estimated. In the twenty years to 2007, border apprehensions averaged 1.2 million per year, and the undocumented population grew by 0.5 million per year. Therefore, if the Great Recession is the anomaly and the post-2018 period represents a return to normal patterns of illegal immigration across the southwest border, expect the undocumented population in the US to rise from its current level around 10 million to approximately 15 million by 2030.

Everyone Loses

For both the left and the right, a large increase in undocumented immigrants would be a disaster. For the Heritage Foundation, CIS and FAIR, an increase in the undocumented population of 50% is a catastrophic failure of their policy goals. But life is no better for amnesty advocates like fwd.us, the NILC or the Immigration Hub (the prior home of the President's new immigration advisor, Tyler Moran). The emerging equilibrium may well mirror that of the 1987-2007 period, when high levels of illegal immigration made any talk of amnesty moot. Thus, a reversion to historical patterns portends disaster for literally every major stakeholder group dealing with illegal immigration: the border will be in chaos, illegal immigration will soar, and yet long-term undocumented residents will be no closer to legal status in 2030 than they are today. Even DACA may become trapped in the wash. That is what prohibitions and resulting enforcement regimes produce: wretched outcomes for everyone involved.

As I have said many times, ending prohibitions -- including the prohibition in migrant labor -- is not hard. A legalize-and-tax approach ends the related pathologies in short order. We can fix the border and provide legal status for long-time undocumented residents, but we have to use the standard and proven market-based approach. It is the only one which works.

July Border Apprehensions: Another Disastrous Month

Customs and Border Protection reports that Border Patrol apprehended 199,777 persons at the US southwest border in July. This represents an increase of 21,000 over June and was 23,000 higher than our dire forecast of one month ago. Further, July apprehensions were nearly twice the level of the next highest July in the last twenty years, that is, July 2000 of the Clinton administration, when 114,000 migrants were arrested.

July 21 1.png

We can now make plausible forecasts for the balance of the fiscal and calendar year based upon 2000, the prior worst year in US history, and using historical averages for the back end of the year.

For the fiscal year ending September 30th, 2021 will eke out the record as the worst year for southwest border apprehensions, if the precedent of the Clinton administration in 2000 holds. By contrast, if the balance of the year follows historical averages, fiscal year 2021 will rank as only the fourth worst year in US history. That this is even possible is solely due to the efforts of the Trump administration, the last four months of which count for fiscal 2021 and whose apprehensions were much lower than since the Biden administration took office.

July 21 2.png

Calendar year 2021 will almost certainly be recorded, by a large margin, as the worst in US history for southwest border apprehensions. The administration is currently tracking 1.75 - 1.80 million apprehensions at the border, as much as 200,000 higher than the next closest year. Barring a draconian change of policy, a record for the calendar year is all but in the bag.

Inadmissibles -- those presenting at official crossing points without appropriate documentation -- looks even worse, albeit at much lower absolute levels. These are now running at three times the level of March, nearly 13,000 for the month of July. That these numbers are rocketing up month after month strongly suggests that Customs is letting many through without proper documentation. For migrants, presenting at official crossing points without papers appears to be another viable channel for entering the US interior.

July 21 4.png

To all this, DHS Secretary Mayorkas commented yesterday, "If our borders are the first line of defense, we're going to lose and this is unsustainable​...We can't continue like this, our people in the field can​'​t continue and our system isn't built for it."​ To which one agent replied, "​For those of us who have been around here long enough, we don't need to reinvent the wheel. We've had this happen before. We know exactly how to shut it down. We need to make illegal entry illegal."

​I am frankly astounded that Secretary Mayorkas still holds his job. He should have been fired two months ago, and likely will be in the next two months. Time and again, we see the Biden administration forced into policy reversals. Defunding the police proved toxic at the polls, prompting Press Secretary Jen Psaki to rather ludicrously claim that it was a Republican idea. Abandoning Afghanistan is unraveling into tragedy, validating the US military's resistance to pulling out. The Guardian today excoriated the President for asking OPEC to pump more oil: "If this is the stance of the Biden administration then its decarbonisation agenda has been well and truly buried," the Guardian seethed.

All of this was entirely foreseeable.

On the border, too, the administration will eventually be forced to reverse policy. It is hard to see this happening without Mayorkas' scalp.

But the damage will have been done. There has been considerable sympathy on both sides of the aisle for DACA recipients. Biden's open border policy has, however, politicized and weaponized this group by signaling that the administration simply intends to gut border enforcement to undermine US conservatives. This is not about humane treatment, but about amnesty as war by other means. Talk about rebranding! Do my friends at the NILC or fwd.us believe amnesty will pass under reconciliation? And if it does, do they expect Democratic Senator Kyrsten Sinema, who is from Arizona, the home of SB 1070, to vote for any kind of amnesty while the border is hemorrhaging migrants? And then what do they expect of Republicans? Republicans will be able to brush off calls for amnesty with a simple condition: When the Democrats remove the two million illegals Biden's border policy will have allowed in, they will agree to amnesty. As we know, that's not going to happen. As a consequence, the Biden administration's border policy is an unfolding disaster for undocumented immigrants, particularly long-time residents.

Can anyone in the administration at all see one move ahead on the chessboard? Or is it as Democratic strategist James Carville claims: “These [progressive] people are kind of nice people. They’re naive and all into language and identity, and that’s all right...but they’re not winning elections." Is that the level of sophistication of the Biden administration? I hope not, but I fear so.

The Biden Administration doubles down on Open Borders

On Thursday, the White House released a Central American initiative which CNBC described as a "sweeping strategy to address the root causes of migration amid the recent surge in illegal U.S.-Mexico border crossings."

Components of the strategy can be found on the web at FACT SHEET: The Biden Administration Blueprint for a Fair, Orderly and Humane Immigration System and in the related White House press release.

Let's assess the strategy as conveyed in the Fact Sheet.

Wrong from the Start

FACT SHEET: The United States can have an orderly, secure, and well-managed border while treating people fairly and humanely.

This very first sentence of the document is false under current or proposed policy. If a material wage gradient exists across the border -- and it does -- then Central American migrants will have an incentive to evade border control and enter illegally to secure work not otherwise attractive to American workers, but paying multiples of their home wage. In order to prevent this, the US must employ aggressive and potentially unpopular deterrent policies at the border. At best, these are unlikely to bring apprehensions much below 500,000 per year. Alternatively, under a 'nice' enforcement regime, migrants will roll over the border just as they are doing today. In a market in which the number of visas offered is less than the demand for those visas at their issue price (ie, free), a black market will develop, and an administration will be forced to choose between unchecked border crossings and harsh treatment of those who enter illegally. These outcomes are intrinsic to any prohibition, including the prohibition in migrant labor.

The Administration will be judged by Results, not Rhetoric

FACT SHEET: In January, the Biden-Harris Administration launched a broad, whole of government effort to reform our immigration system, including sending to Congress legislation that creates a new system to responsibly manage and secure our border, provide a pathway to citizenship, and better manage migration across the Hemisphere. In the six months since, the Administration has made considerable progress to build a fair, orderly, and humane immigration system.

In six months, the administration has managed to thoroughly undermine border enforcement and call into question its commitment and credibility regarding meaningful border control. Here rhetoric does not matter. Border apprehension counts do. Unless the administration aggressively cracks down on border crossing in the next five months -- and even if it does -- the Biden team could be on track to qualify as the single worst or most incompetent administration in US history with respect to border enforcement.

Border Enforcement Budget and Results

FACT SHEET: Since fiscal year 2011, U.S. Customs and Border Protection’s (CBP) discretionary budget has grown from $9.9 billion to $15 billion in FY 2021. The President’s Budget redirects resources from a needless border wall to make robust investments in smarter border security measures.

The three worst calendar years for border apprehensions in US history will be 1986, 2000, and 2021. In 1986, the US had about 4,000 border patrol agents stationed at the southwest border and apprehensions were 1.6 million; in 2000, there were twice as many agents, 8,580, and apprehensions were again 1.6 million; in 2021, the agent count has doubled again to 16,500 agents, and apprehensions can still be reasonably anticipated at 1.6 million. Do you see a pattern here? Black markets cannot be resolved with an enforcement-based approach. Not in theory. Not in practice. Not at present or in the past, nor in any contraband category, including hard drugs (a horror show just now) and migrant labor. It is not about being "smarter". It is about abandoning fifty-six years of failed, enforcement-based policy and adopting the only proven method to end the pathology: a legalize-and-tax approach.

You'll use our Technology, Thank You

FACT SHEET: The US will facilitate secure management of borders in the region by providing training and technical assistance, supporting the improvement of border infrastructure and technology, and promoting collaborative migration and border management approaches.

A market-based system would be based on smartphone apps. Thus, all the software would be housed in the Amazon or Microsoft secure cloud, and the field agents would use principally mobile phones, the same ones they have in their pockets today. The border security forces in participating countries would also have the same smartphones and the same apps feeding up to the same cloud servers. Thus, if a Guatemalan were detained for illegal entry into Mexico, that person would be visible in real time to US Border Patrol or, to choose a random example, Arizona State Police, and crossing illegally into Mexico might well disqualify a person from obtaining a US work visa.

Today, your phone is your identity and business is conducted on this device. Let's use the state of the art technology that all of us already carry in our pockets and that works across borders. That's the iPhone and equivalents.

Crime Busting

FACT SHEET: Strengthening anti-smuggling and anti-trafficking operations by working with regional governments to investigate and prosecute individuals involved in migrant smuggling, human trafficking, and other crimes against migrants. In April 2021, DHS announced Operation Sentinel, a new operation targeting organizations involved in criminal smuggling.

If only the employees of those regional governments were not paid by those same smugglers for looking the other way. To reiterate: A black market cannot be defeated with enforcement-based approaches, because the success in enforcement creates the excess profits which are recycled to compromise authorities. Corrupting officials is central to the black market business model, and the greater the enforcement, the greater the profits, about half of which have historically been deployed to buy off public officials (or to kill or intimidate them, as the case may be).

FACT SHEET: Bolstering public messaging on migration by ensuring consistent messages to discourage irregular migration and promote safe, legal, and orderly migration.

"Don't come over. Do you have to say quite clearly, 'Don't come'?" This no doubt had a deterrent effect on the nearly 190,000 migrants who took a crack at the border last month.

Root Causes

FACT SHEET: We cannot solve the challenge at our border without addressing the lack of economic opportunity, weak governance and corruption, and violence and insecurity that compel people to flee their homes in the first place.

This is false. The border can be closed by using on-demand, market-based visas -- a legalize-and-tax approach -- and setting the visa volume to correspond to the level of southwest border apprehensions the administration chooses. The history of marijuana smuggling demonstrates that this outcome is entirely possible. However, ending illegal immigration across the border is not the same as ending illegal immigration. Doing the latter involves cleaning up the domestic undocumented labor market, which appears to involve granting legal status to most undocumented Hispanic workers in the country. Closing the border to illegal immigration is comparatively trivial. On the other hand, cleaning up 56 years of bad legacy policy is hard work. Fortunately, the statistics suggest we have 12,500 surplus border patrol agents at the southwest border, and a substantial share of these would be repurposed to interior compliance and enforcement in a market-based approach.

The Root Causes section of the Fact Sheet contains any number of initiatives, including "investing in programs that foster a business-enabling environment for inclusive economic growth" (whatever that is), combating corruption, promoting respect for human rights, and countering violence and crime. As I have stated, only one matters: tying the pay of Central American policy-makers to specific outcomes, notably GDP growth. Without that, the other initiatives will fail; with it, they are unnecessary. Don't push the programs on the host government -- the classic USAID mistake. Instead, give them objectives and let them come to you for advice and support.

Summing Up

The Fact Sheet contains virtually nothing on border control, and instead rolls out a laundry list of minor initiatives which will have no effect on border crossings in the short to medium term. The strategy is neither sweeping nor new and largely reiterates initiatives earlier floated by the administration. Nor will the strategy provide lasting benefit to Central America or deter illegal immigration. It is instead an excuse package attempting to deflect attention from appalling border apprehension numbers. It implies the administration has no intention to reduce the traffic at the southwest border.

Frankly, the strategy feels as though it were written by a junior staffer to have something to float in Congressional discussions regarding proposed amnesty. It lacks -- as does so much of administration policy -- any sense of deeper policy work, including quantitative analysis and measurable goals. It exhibits zero grounding in economics; no awareness of trade-offs or functional linkages; and no understanding of hard-nosed realities.

It lacks intelligence. Back in the Clinton days, one might disagree with figures like Larry Summers or Rahm Emmanuel, but there was no doubting their acumen or indeed, the intelligence of Bill or Hillary Clinton. I struggle to find the 'smartest guy in the room' contingent in the Biden administration. Policy appears more based on hopes, wishes and sentiment, rather than a deeper understanding of either policy options or the mood of the US public. There is no coherent, synthetic vision, merely a desire to be 'nice'. That's not enough.

The Alternative Strategy

Let me close with the strategy the average American might have preferred, as I would have written it:

At times when the US economy has proved particularly strong, it has attracted migrants from Mexico and Central America, willing to risk everything for a chance at a better life in the United States. This has led to historical surges at the border in 1986, 2000, 2019 and again this year. Tackling these events requires actions on multiple fronts, including longer-term strategic initiatives to address the root causes of immigration in Central America. The administration's primary responsibility, however, is to protect and defend the United States border and to curtail illegal entry to the greatest extent possible consistent with civilized norms. We will meet that challenge and commit the administration and the federal government, just as the Clinton administration did twenty years ago, to reducing border apprehensions by half from July to the end of the year.

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I would note that the successful completion of this goal would still see calendar year 2021 as the highest for southwest border apprehensions in US history.

Where will 2021 rank for illegal immigration?

Given the track record of the Biden administration, border policy is likely to represent a pivotal issue in the 2022 election. Indeed, the administration will have to work hard to just avoid the title of 'worst ever for illegal immigration.'

What are its prospects?

We forecast two alternatives, that the balance of the year will look about average compared to the last twelve years (the Obama and Trump administrations) or that it will be as good as the best observed year since 2009. In an average year, the July to December months attain 90-93% of the June level. By contrast, the very best case would anticipate 55% of June's level for the balance of the fiscal year to September 30th; and 46% of June levels for the second half of the calendar year on average. These can be seen on the graph below.

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Where would these two scenarios put the Biden administration in the historical context, that is, since 1960?

For the fiscal year ending September 30th, southwest border apprehensions at average levels are on pace as the third worst year ever. The numbers would be even more dire save that the Biden administration enjoys a tailwind from comparatively favorable apprehensions numbers during the October 2020 to January 2021 stretch of the Trump administration.

Notwithstanding, the worst years are tightly clustered. If the last three months of the fiscal year came in only 80,000 above forecast, the Biden administration would hold the absolute record for the worst fiscal year at the southwest border. The Epoch Times reports a spike in apprehensions in the Rio Grande Valley in the last week. As a result, FY 2021 numbers could well exceed expectations, and consequently the Biden administration remains in the running for 2021 as the worst fiscal year ever for southwest border apprehensions.

The lowest level the Biden administration could anticipate is 1.4 million apprehensions, which would qualify as the 7th worst fiscal year on record. Still not great, but perhaps good enough to deflect blame to external factors. Nevertheless, the odds of this best case outcome look exceedingly low given the track record of the Biden administration in the last four months.

B2.png

The calendar year numbers loom larger for the administration. If the balance of the year reflects historical averages compared to the respective Junes of those years, ​the Biden administration will post the highest number of apprehensions at the southwest border for a calendar year ever -- by a whopping margin of 250,000! If this happens, the administration will either be pegged as maliciously leaving the border open or as the most incompetent administration ever -- by far -- with respect to border control.

The best the administration can hope for is the third worst calendar year in the historical record, a very unlikely outcome given the circumstances.

B3.png

​It is premature -- but only barely -- to peg calendar 2021 as 'the worst ever' for the Biden administration. ​If the administration wants to avoid heading into the 2022 elections with this dubious distinction, it is high time to start working on Plan B.

I would note with no particular selflessness that a market-based visa program would require 6-12 months to pull together with the various stakeholders. As a consequence, the administration could absorb the worst apprehension numbers by proposing a more sustainable system, under discussion and in process when the fiscal and calendar year numbers are tallied. If a potentially acceptable alternative is in the works at the time, the political consequences of dreadful apprehension numbers may be easier to manage.

June Apprehensions: Towards the worst year ever

On this fine summer Friday afternoon at 2:30 pm EDT, Customs and Border Protection finally deigned to share June apprehensions data for the US southwest border. This showed June apprehensions of 178,416. This was 6,400 higher than the previous month and 63,300 above the next highest June in the last twenty-one years, specifically, 115,100 for June 2020. For the record, the third highest for the month of June in the last two decades was 2005, at 95,000.

Putting a charitable interpretation on these numbers is well nigh impossible, for several reasons. First, the last four months' apprehensions are ghoulishly high, a stark aberration in the historical record. Southwest border apprehensions under Obama, in pink, and Trump, in blue, can be seen on the graph below. To suggest that somehow the Biden administration lacks the tools of Obama or Trump is risible. The only way to achieve such stratospheric numbers is by a deliberate policy of holding the border open.

The seasonal pattern also shows a premeditated policy. In all but two of the last twenty-one years, June apprehensions were below May apprehensions. The case is just the opposite this year, suggesting that extraordinary factors -- like an open border -- are stimulating continued and counter-seasonal flows of illegal immigration.

June 1.png

Further, the historical comparison with 2000 also suggests the administration is holding the border wide open. While the year 2000 started hot, the Clinton administration was working to suppress border traffic, and indeed, the results can clearly be seen in the 2000 monthly data on the graph below. Apprehensions decreased essentially throughout the year.

In the current case, apprehensions have risen from the January base and stayed high, indeed, increased a bit in June. This tells us that the Biden administration is not taking the steps the Clinton administration did, again suggesting a deliberate policy of keeping the border wide open.

June 2.png

Our forecast for the balance of CY 2021 assumes a decrease in apprehensions following the precedent of 2000. In such an event, apprehensions at the US southwest border would total 1,581,000 for FY 2021 and 1,690,000 for calendar year 2021. The fiscal year figure would be the third worst in the historical record, and for the calendar year, the absolute worst in the historical record by nearly 100,000.

I would note that this implies apprehensions taper off in the balance of the year in a manner similar to 2000. They are showing no signs of doing so at the moment. Therefore, if apprehensions remain elevated near recent levels, both fiscal and calendar year 2021 will enter the history books as records for illegal immigration. By any reasonable measure, only a deliberate policy of holding the border open could achieve such an outcome.

June 3.png

A similar pattern, albeit from a much lower base, can be seen with inadmissibles, those showing up at official crossing points without proper documentation. Inadmissibles are again soaring, more than twice April's level, suggesting that migrants are finding some success on that side as well.

June 4.png

In any country, a leader has two fundamental responsibilities to the public. The first is the protection of the country from invasion from or conquest by external forces. The second is protecting the public from disruptive internal forces, like crime and terrorism. That the Biden administration would deliberately leave the border open constitutes a fundamental dereliction of duty and is shocking, appalling and an affront to the public.

I have no idea what the administration has in mind, but clearly they have decided to play all-or-nothing. Win or lose, it is not a fitting posture for a US president.

Cuba: The Opposite of Communism is Corruption and Authoritarianism

My involvement with illegal immigration stems from my time in post-communist Hungary, which provided both daily and professional experience in black markets, including black markets in labor. In addition, working in a country transitioning from communist to capitalist ideologies afforded a unique opportunity to witness the associated societal impacts. These led me to develop the conservative theory which I use for much of my analysis, including for illegal immigration, improving national governance, and today, the prospects for a post-communist Cuba.

As readers know, we treat the term liberal as 'pertaining to the individual', and conservative as 'pertaining to the group'. People in a group setting often have specific roles. For example, if you are a member of the military, a soldier, you are expected to fight the enemy in that capacity. Moreover, you are expected to fight as though your personal priorities did not exist, to risk and possibly lose your life in the service of the group. This is normally referred to as duty or, in our terminology, as agency. In a group setting, you are supposed to act as an agent of the group as though you as an individual (principal) did not exist. When we use the term 'work', for example, we mean that the individual is focusing all his energies as an agent on satisfying his employer's demands, rather than his own as principal.

In a communist system -- as in black markets -- the agent is typically divorced from the principal. Doing well is not the same as doing good. The cause is simple. Under communism, prices are set below the market-clearing level and private enterprise is not permitted. This creates a shortage economy, resulting in a host of associated pathologies which will also apply to Cuba.

The list:

Corruption

Because the price of a good is set below the market price in a communist system, there is always a buyer willing to pay more than the list price. They will gladly pay this differential to the person selling the good, for example, the clerk or cashier. This is, of course, a bribe and makes the clerk a corrupt person, and they know it. A person selling goods in a communist system will be dishonest virtually by definition, and this is corrosive to both their own psyche and the culture of the broader society. Nor is this behavior limited to a single sector. If you needed surgery in Hungary's universal healthcare system, for example, you had to pay the doctor under the table. (But how much, and when? Expats never knew.) If you wanted to be fed in the hospital, you had to pay the nursing staff on the side for the food. The rot was everywhere.

Cronyism / Insider Dealing

The other option for disposing of below-market priced goods was to reserve them for a favored person, perhaps a relative or friend. In Hungarian, this was referred to as protekció, protection, and it means privileged access to goods, housing or jobs obtained through personal connections. For example, a shoe store clerk might set aside a pair of sneakers for his brother-in-law.

Lying

Because the state-owned companies which characterize socialist systems ultimately depend on government funding, capital expenditures are driven by national budget constraints rather than customer preferences. For example, I once flew the Hungarian national airline, Malev, from Budapest to New York, and the entertainment system was not working. Upon my noting this, the stewardess responded that the system had just failed and would be replaced when the aircraft returned to Hungary. Six weeks later, I flew back to Budapest on the same aircraft, and the system was still broken. I asked the stewardess, and she replied that the system had just broken and would be replaced when the aircraft returned to Budapest. How often had she said that to passengers? Probably hundreds of times, every time knowing she was a liar. Forcing an employee into this sort of behavior makes people bitter and jaded, which many Hungarians were.

Stealing

Because prices were set below market, many state-owned enterprises routinely lost money to be made up from the national budget. As a consequence, however, it was well nigh impossible to tell whether a company was well-managed. Governments are not profit-maximizers, but rather budget-sufficers. No one in parliament knew whether stealing was occurring, or more precisely, much cared. For example, the fuel vendors at Budapest's Ferihegy Airport signed out the jet fuel in liters and sold those liters at official rates. However, fuel expands with the heat of the sun, so they were able to sell and pocket the difference in volume. The CFO of the company could have detected this (fuel should be sold by weight), but his pay was not tied to performance and wage rates were low, so this practice was allowed to continue largely undisturbed. Asset managers for the government were clueless about underlying realities, because, of course, they had no expertise in the business. Nor did they wish to look too hard, for perhaps someone at a higher level was getting a piece of the action, and they feared stirring the hornet's nest. Thievery was therefore ubiquitous at state-owned enterprises, that is, virtually across the economy during the socialist era. Hungarians are not an inherently dishonest people, but many of them were petty thieves, because that was the everyday reality they experienced in a shortage economy with pathetic wages.

Indolence

Employees were in fact often lazy, because they were not paid more for better work; if they worked less, they could not easily be fired (except for political offenses). Meanwhile, customers were paying below market anyway, so if there was a shortage or quality was poor, well, the customers had no choice in the matter. There was no competition. As a result, there was little workplace discipline in terms of efficiency or effectiveness. Part of this was by design. In the PREPA example in the previous note, the company was stuffed with excess employees, which by definition meant that many of them were effectively redundant. They were hired to be lazy, in effect.

Cynicism

Hungarians were extraordinarily cynical. There was always the presumption of a hidden agenda, in our terms, that a given agent was just pretending to be acting in that capacity, and in reality providing a smoke screen to cover their own pecuniary activities as principal. Whatever the official line was, it was all orchestrated to further the personal goals of the people pulling the strings. Of course, the stewardess in the example above would have developed an acute sense of cynicism, as did the passengers who regularly flew on Malev. Anything written in the press was assumed to be a lie, or at best, a distorted half truth. This was captured in the Soviet quip that there was no truth in ‘Pravda’ (the truth) and no news in ‘Izvestia’ (the news), these being the Soviet Union’s leading dailies at the time. The sentiment was wholly shared by Hungarians.

Despondency

All this made people despondent. They drank too much, smoked too much and felt they had too little control over their own lives. Governance for most of the public was about victimization by the communist elite. And that's how the Cubans feel.

A Degraded Culture

These attitudes do not simply disappear when communism falls. For those who grew up in the system, say, above 40 years old when communism fell, their behavior did not change, even though market incentives did. Older managers still treated employees as shiftless, lying, corrupt and incompetent thieves. And moreover, the public continued to believe and expect that governance was about exploitation, as did the political class above them. Therefore, hopes that communism would be replaced with flourishing liberal democracies were largely frustrated. Corrupt and nationalistic regimes were the more common outcome, for example in Hungary and Russia, both of which flirted with more open democracies for a time.

The Outlook for Cuba

The eastern European experience suggests that any post-communist Cuba will not become a thriving liberal democracy, but rather a typical, poorly governed Latin American democracy or a military -- but not communist -- dictatorship*. We can forestall such an outcome by presenting any new government with a system explicitly rewarding economic growth with material, financial incentives at the personal -- principal -- level. That is, after sixty years of communism, we rejoin the agent to the principal -- doing good to doing well -- and establish habits of thinking of governance as helping the country move forward, rather than helping oneself to the fruits of the treasury.

The Centrality of Prices and Markets

Note that all the ills of communism listed above can be traced back to just two sources: a ban on voluntary transactions and the elimination of market prices. It is hard to overstate the importance of voluntary interactions -- free markets and prices -- in establishing a civil society characterized by the conservative virtues of honesty, integrity, responsibility, industry, faith and optimism. Free markets create the habits of and belief in service to others. A free market not only represents the best outcome in classically liberal terms -- the best for the individual -- but also in classically conservative terms with respect to the morale and culture of the group, the country in this case. Prices and markets are that important to both classical liberals (libertarians) and conservatives -- but of course, for different reasons.

The Implications for Illegal Immigration

In my writings on illegal immigration, I emphasize the importance of on-demand visas at market prices for just this reason. These will create both a functioning market and social order. Consider how a market-based system would change the nature of those coming across the border. The current system favors migrants with the most courage to undertake the perilous journey and the greatest willingness to break the law and live for years under effectively illegal conditions. By contrast, in a market-based system, those with the best qualifications will have the edge. These include English language skills, appropriate industry experience, and solid references both from the home country and from US employers. By giving the migrants the freedom to come work in the US when they like, we also provide them the incentive to improve their resumes to compete on non-financial terms. As a conservative, how would I feel about a Guatemalan laborer who speaks decent English and has impeccable credentials? The words colleague, neighbor and fellow citizen come to mind. Paradoxically, a system which provides the greatest initiative to migrants also represents the most conservative alternative, achieved by pushing the incentive to invest in human capital back onto the migrants themselves. (I would note parenthetically how well this would mesh with an incentive system for Central American policy-makers which rewards them for creating GDP growth, part of which would result from investing in human capital.)

Free markets and freely set prices are critical to the health of society, not only in economic terms, but also to ensure essential conservative values. These will be enough to bring dignity to Cuba's people, but the country's politics must also be professionalized, by tying pay to outcomes, to create a Cuba capable of both reaching its own potential and serving as a proud friend and ally of the US.

* President Biden described the Cuban government as an 'authoritarian regime'. This is a mischaracterization. China and Russia are authoritarian regimes. In such regimes, both voluntary transactions and market prices are permitted, but challenging the power of the autocrat is strictly prohibited. By contrast, in a communist regime, both voluntary transactions and market prices are prohibited. North Korea and Cuba are thus communist regimes. Venezuela falls into a middle zone, with prices set below market, but without banning voluntary transactions in other respects. We would expect to see phenomenal levels of black market activities in these latter three countries, but not in, say, China or Russia.

Border Enforcement Trends: Drugs v Illegal Immigration

My friend Jim Chilton sent me a link to his hidden camera videos of smugglers crossing his property. Jim is a rancher with a spread astride the Mexican border, and his property has historically served as a conduit for smugglers entering -- and leaving -- the US. Worth a look if the topic interests you.

The overwhelming share of smuggling across the unsecured border used to be marijuana, and at Jim's ranch, it probably still is. Elsewhere at the border, though, times have changed. Seizures of marijuana by Border Patrol over the unsecured border (that is, not at official crossing points) have declined by 93% since 2012. The reason is simple: We have swapped an enforcement-based regime for a legalize-and-tax system conceptually similar to market-based visas. The legalization of cannabis has made low quality Mexican pot redundant, effectively ending its smuggling into the US. At the same, marijuana legalization has not destroyed America as we know it. A legalize-and-tax regime for marijuana has largely secured the southwest border with relatively minor side effects on the broader US society.

Index Drug Illegal Imm.png

Now, take a look at categories still under enforcement-based regimes. Hard drug seizures are nearly three times the level of 2012. Doesn't look like we're winning the war on drugs, does it? Border Patrol apprehensions of illegal immigrants are even worse, running nearly four times the level of 2012. If we used a legalize-and-tax regime -- market-based visas -- to channel the migrant labor market, the southwest border for illegal entry would look like it does for marijuana, with illegal crossings decreasing by perhaps 90-93%, say, to 40,000 per year from the 1.3 million we project for FY 2021. Therefore, the answer to the question of whether we can use a legalize-and-tax approach to end illegal immigration across the southwest border is 'yes'. Yes, we can. We can end illegal immigation by creating a channel to allow acceptable flows of labor across the border. We don't need walls, legions of Border Patrol agents, or MPP centers. We need a working market-based system.

'Root Causes': Incentive Pay vs Corruption Task Forces

Since the administration is focusing on corruption as a 'root cause' of illegal immigration, let's discuss it.

Black markets and corruption are different manifestations of the same problem, and therefore we use similar approaches in addressing them.

In a well-functioning society, doing good and doing well are largely the same thing. Working hard and faithfully at your job -- for which you are paid -- is both good for the individual and good for society. In some circumstances, though, these two elements are split. Illegal immigration is one such case, where a prohibition means that doing well -- earning money in a job an employer needs done -- nevertheless is not good, because the government has deemed this sort of transaction to be bad and illegal. This then interjects the vocabulary of morality, and the debate devolves into a good-versus-evil framework. (In technical terms, the principal is split from the agent. For those interested in a more formal presentation of the theory involved, see slide 16 of the linked presentation. And if you're interested in where you fall on the political spectrum based on our framework, see slide 4.)

Doing good and doing well are similarly divorced in the case of corruption. Ordinarily, a politician is elected -- hired -- to serve the interests of the community faithfully for the salary provided. Alas, this simple, straightforward definition contains the seeds of corruption. First, there is no agreement on what constitutes 'serving the interests of the community'. Some want redistribution from the top down. Some want efficient, low cost services with plenty of space for individual initiative. Some prioritize cultural cohesion. Politicians can flip among these objective functions at will and therefore cannot be held fully accountable for any of them. For example, the current Biden climate infrastructure initiative can be justified on the basis that it protects society from some indefinite but drastic future outcome; on the basis that it will make us all better off economically; and on the basis that it will provide 'good, union jobs'. So which one is it, really? As a practical matter, enforcing accountability is hard, because there is no single standard by which a politician's performance can be judged.

Furthermore, politicians are typically grossly underpaid. Consider: The US House and Senate majority leaders make less than a first year associate at a top US law firm. The salary of the president of Honduras is about $50,000 / year. Certain groups and persons will find it easy to outbid the public for the attention of politicians, including senior decision-makers, particularly in emerging economies like those of Latin America.

These two factors -- low wages and a lack of specific, accountable goals -- create the preconditions for corruption. Pay is too low and wiggle room is too much.

During her Guatemala visit, the Vice President called for enforcement-based measures to counter corruption. This involves setting up a task force, one supposes within Guatemala in this case, to track down and punish those involved in corruption, and thereby deter such corruption and compel politicians to act in the public interest, however that may be defined.

To even write this down is to question its plausibility.

In emerging economies, corruption takes place in many forms. Police take bribes; municipal bureaucrats shake down local businesses for building permits. However, the corruption to which the Vice President alludes is larger scale, systemic corruption. (Of course, in Central America, corruption associated with narcotics is rife. For those interested, I would refer you to my earlier analysis of the topic.)

Garden-variety systemic corruption is typically associated with government procurement, notably related to infrastructure, defense, and state-owned companies. A relative of mine, an honest and honorable man, was minister of infrastructure in Hungary in the mid-1990s. When his party returned to power some years later, he was again offered the position and turned it down. I asked him why he would decline such an important and prestigious post. He answered, "Steven, literally every person who walked through my door offered me a bribe. It was too stressful. I couldn't take it." These bribes were no doubt offered by companies without respect to nationality, including companies from the United States. A vendor simply cannot risk losing a big contract for failing to offer to grease the right hands.

Such contracts, however, usually require approval on a national level, and therefore all the key cabinet ministers would be involved. The decision would be collective and therefore any payoffs would be collectively distributed. In many cases, certainly in Hungary, ministers have long-standing relationships with each other, often from childhood. In such a construct, an honest official anywhere near the top cabal is a mortal threat. Therefore, only the corrupt would be allowed anywhere near the inner circle. To become part of this circle, one has to become a 'made man', which in this case means that the individual must not only be involved in corruption, but to be witnessed doing so before the others in the group. This is how the cabal buys omertà, the silence of co-conspirators, by ensuring that, should a member turn on them, they also have sufficient information to send the informant to jail. In this sort of system, the entire leadership will tend to be corrupt and honest officials will be actively purged from the senior ranks of government. This is true no less in Latin America than in Hungary.

It is into this sort of environment that the Vice President is proposing an anticorruption task force. One in which a corrupt cabal controls the executive and legislative branches, the army, the police, the intelligence services, often some critical companies, and with a bit of persuasion, the judiciary. One in which the backbenchers in the legislature depend on the patronage and trickle down graft of political leadership and therefore have an incentive to stay in line. An anti-corruption initiative might have success from time to time, but it will consistently lose over the longer term, and it will lose because the issue is not the morality of the players, but rather the structure of compensation. As with the black market of illegal immigration, an enforcement-based approach -- and an anticorruption task force is exactly that -- is doomed to fail.

Nor does a task force address issues which may be both popular and corrupt or which may be legal but thoroughly antithetical to economic growth. Among these are constraints on trade, for example, high import duties. Import duties may protect infant industries in theory, but more likely they provide windfall profits for domestic producers, profits which businesses would ordinarily be willing to share with those politicians who granted the franchise. High tariffs also make it much more difficult to build industries based on imported goods. For example, the high cost of living in Costa Rica is cited as a chief reason for expats to leave the country, and high import prices are a principal driver of expat costs.

Corruption is also often associated with state-owned companies. Take, for example, Puerto Rico's electric utility, PREPA. In in Puerto Rico as in much of the rest of the world, governments are incentivized to set selling prices below market and to stuff such companies with unneeded employees to secure union support and to provide phantom employment for relatives of politicians. If the wife of the governor is hired as a public relations consultant to, say, PREPA, is that corruption? If the Puerto Rican government decides to keep electricity rates below full cycle costs and staff the power company well beyond its actual needs, is that corruption? Or is it popular public policy?

State-owned companies compensate for artificially low selling prices and excess expenses by reducing capital expenditures. Management can always make existing equipment last another year with some patching up. But as a result, entire sectors wither over time. PREPA's generation and transmission network was creaking before Hurricane Maria obliterated it entirely. Without continuous power, attracting manufacturing, hospitality and IT-related industries is hard. An e-commerce business cannot function without the internet. A hotel-based tourist industry cannot flourish when the electricity for air conditioning is unavailable on hot days.

Many factors beyond garden variety corruption influence economic growth, and some of the key issues remain entirely outside the mandate of an anticorruption task force.

One of the interesting features of consulting to emerging country governments, indeed, most governments, is the lack of demand for good policies. Economists and consultants often push good policies, but they are rarely demanded. And the reason is simple: New policies involve risk and effort, and they are often unpopular in the short run. Why should politicians extend themselves if their pay will be the same either way? History shows that they won't. Instead, in Hungary for example, we consistently saw bureaucrats and politicians seeking to maximize immediate political acceptability subject to budget constraints. And it may not be so different here. Consider: As part of the administration's 'root causes' initiative, USAID will provide up to $7.5 million over three years to support entrepreneurs and innovators – including women, youth, and indigenous people -- in Guatemala. Does anyone at all think this will prevent even one person from migrating from Guatemala to the US? Such a feeble offering is no more than a bone to throw at the press to signal political acceptability subject to a very small budget constraint. It is not going to help solve the problem, and it is not intended to. The initiative is merely a symbolic gesture in a void of policy and analysis.

Performance incentives can address these issues. If economic growth creates prosperity, and prosperity reduces the root causes of illegal immigration, then pay for economic growth. Imagine that for each percentage point of GDP growth above some threshold, national elected officials would receive a pro rata bonus. If this were, for example, $25,000 per legislator for each percentage point of growth over 3%, then the incentive program would cost around $30 million per year, assuming Guatemala's GDP growth rate were 10% per annum. A growth rate of 10% for a decade would materially end the economic incentive for Guatemalans to illegally immigrate to the US (which I will discuss under another header).

Incentives also address critical issues which anticorruption task forces do not. The first of these is mission. Legislators are elected to represent the people. But what is that? When a representative arrives at the country's congress, what are they supposed to do? Incentive pay provides a clear mission: the objective of the legislator is to create sustainable prosperity. You would be surprised how far that simple self-awareness goes.

Second, performance pay would create advocacy for growth across the entire legislature, not only in the ruling party or coalition. This will change the balance of power. In the current system, a typically corrupt cabal at the top holds inordinate power. If material bonuses are available at lower levels for performance, and these bonuses are applicable to the opposition as well, then back-benchers and the opposition would have an incentive to support pro-growth policies. Note that this does not directly address the matter of corruption, and as so often in our policy advice, we don't care. Corruption can be a mere transaction cost like legal or investment banking fees. That will not materially affect growth. It certainly hasn't in, say, China. Rather, the issue is the nature of the underlying project. If corruption leads to the building of a bridge to nowhere, then the damage is not the bribe of, say, 5% of project cost, but rather the other 95% of the project outlays. Similarly, in Hungary, excessive demands for bribes across multiple bureaucracies -- in some cases, totaling more than 100% of project costs -- would prevent important projects from progressing at all. Bureaucrats are often not only corrupt and venal, but collectively stupid. Again, a legislature motivated by bonuses would provide a counterweight to such inertia.

A key feature of an incentive plan is that it does not limit decision-maker flexibility. One of the problems of, say, IMF stabilization programs, is their harsh and dogmatic nature, which often undermines their longer term viability. In Hungary, I again and again saw that outsiders did not grasp local politics. Conditions on the ground mattered. An initiative which was impossible in, say, October, would sail through the legislature the following April. Incentives create demand for good policy, but they do not limit decision-makers ability to make bad policy, because sometimes that is what the public wants. Let the locals determine the nature and sequencing of policy, with the understanding that they will be handsomely compensated if they can create sustainable growth.

Importantly, an incentive plan makes polarization and demonization expensive. Imagine, as a hypothetical, that every elected official in the US House, Senate and White House would receive a $2 million bonus if a legalize-and-tax approach to migrant labor were passed. Do you think we might see a miraculous meeting of the minds and a reduction in the victims-and-criminals rhetoric which characterizes this topic? If you extended this bonus to the top 50 people working on illegal immigration in the US, do you think this would help us get over our policy differences at the think tank level? (And the payback period to the federal budget? Seven weeks. A properly run market-based visa program would pay back $1 billion in bonuses in seven weeks.) In Hungary, I worked with communists and fascists, and I can tell you that every one of them would willingly trade their mothers for a decent bonus. Create a financial incentive for cooperation, and even those who disagree with each other -- as is common in business organizations -- will find a way to work together and temper their rhetoric. We do not need to purge fascists to get rid of fascism or sideline socialists to end socialism. We need to change the rules of the game, not the players. Change the rules, and the players are all but irrelevant. Try to change the players -- as with anticorruption task forces -- without changing the rules, and new players will not lead to better behavior. The last fifty years of governance in Latin America should be enough to demonstrate that point.

No doubt many of my readers will be aghast at the notion of pay for performance in governance. These same readers will, however, decry corruption, polarization, inertia and poverty. Moreover, if you are reading this, you have almost certainly given up any hope of good governance in Latin America, probably decades ago. And this may prove true. But until we actually convey our desires in quantitative terms — maximizing GDP growth — and offer material compensation for achieving these goals, we won’t know whether Latin America governance can be improved. So let’s take the basic steps first. I would bet a substantial sum of money that a compensation-based system would work just fine.

Kamala Harris has 'no answers'. Or does she?

The Vice President has been drawing no end of flak for the last two weeks. To start, the Vice President's trip to the border was poorly received. Take, for example, the reaction of Fox's Chris Wallace :

"Well, we did hear one solution. And that is that nobody is going to be able to ask Kamala Harris, 'why haven't you been to the border yet,'" Wallace said during a Fox News panel discussion about the border.

"She has now been to the border. So she took care of that. But on the question which I think most Americans are asking, which is how are we going to prevent hundreds of thousands of people from coming across the border illegally as they have since Joe Biden became president, there really were no answers there," Wallace said.

As an analyst who follows developments on the border, I am frankly baffled at the administration's approach. Is Kamala Harris avoiding the border because the administration's policy is to deliberately let migrants enter the US interior? Is this administration actually running an open borders policy? Read Todd Bensman's take on the issue. It's hard to avoid that conclusion. Therefore, is the issue Kamala Harris's lack of answers, or is it that the administration already has one? It seems the Biden administration is deliberately keeping the border unprotected and open.

This will not end well. The administration's own position is that it 'has no answers' and is impotent and intellectually bankrupt on illegal immigration, or alternatively, that it is actively anti-law enforcement, seen both in gun violence and at the border. This approach risks Jeremy Corbyning the Democratic Party. Corbyn was the leader of the Labor Party in Britain heading into the 2019 election and pegged as unelectable looney left. And, indeed, Boris Johnson trounced Labor on what was supposed to be a re-think of a rash decision on Brexit. Here's the BBC's commentary on election night last December:

On the night, the Conservatives won a big majority, sweeping aside Labour strongholds across northern England, the Midlands and Wales in areas which backed Brexit in the 2016 referendum. Some traditional Labour constituencies, such as Darlington, Sedgefield and Workington, in the north of England, will have a Conservative MP for the first time in decades - or in the case of Bishop Auckland and Blyth Valley - for the first time since the seat was created.

At 33%, Labour's share of the vote is down around eight points on the 2017 general election and is lower than that achieved by Neil Kinnock in 1992.

President Biden's big government policies are reminiscent of those of Neil Kinnock, another failed Labor leader, or say, US House Speaker Tip O'Neill (1977-1987). But communism has since fallen and working class whites have deserted Democrats to form the backbone of the modern Republican Party. It's not 1987 anymore, and the Democrats and British Labor Party have had success when they held the center. Today, the political center appears to run to the right of Mitt Romney, and perhaps even to the right of Liz Cheney. That's how much the world has changed. We can see these trends in, say, Hungary, where the right regularly commands 70% of the vote, or in historically tolerant Denmark, which has turned almost frighteningly anti-immigrant. Western society is aging rapidly, and an older society will be more conservative. The trend line is running against far left Democrats.

The Republicans, if they can get past Donald Trump (not a given) and keep their mouths shut (not a given), could do very well in the midterms, and the Republicans could become the natural party of governance again by highlighting Democrats' chosen policy of helplessness and unwillingness to provide public security, whether on the street or on the border. The Biden administration is painting the Democrats as a party unfit to govern, because they do not believe in governing.

For long-established, undocumented immigrants in the US, this is an unfolding disaster. True, the House passed the American Dream and Promise Act (H.R. 6), but it is going nowhere in the Senate. Meanwhile, the administration's border policy is discrediting the entire concept of amnesty. How should those of us looking for balanced and ordered policy respond to the objections of conservatives? Heritage has argued that any amnesty will encourage a new torrent of illegal immigration, just as it did after IRCA was passed in 1986. By contrast, CATO's analysts argued prior to the pandemic that the danger had passed, that illegal immigration was no longer a problem, and that therefore amnesty would not be an issue. With illegal immigration at twenty year highs, Heritage has won this debate for years to come. Nor will the Democrats have any credibility as negotiating partners. If the left is seen not only as accommodating on amnesty, but actively and surreptitiously undermining border security, will they be seen as acting in good faith for any policy initiative that conservatives might accept?

The left would do well to remember that US illegal immigrant policy is one of 'don't ask, don't tell'. ICE data shows us that, if migrants can successfully make it into the interior, they will enjoy amnesty as a statistical matter as long as they do not otherwise fall afoul of law enforcement. ICE's staffing levels are set to achieve this outcome. But add another 10,000 ICE agents, and the undocumented will be living in an entirely different world. It's not only the Democrats who can subvert the status quo. And should one think the public's tolerance is unlimited, check out events in Denmark.

In all this, where do the advocacy groups stand? What are the NILC or fwd.us doing? If their thinking ends at passing HR 6, they may well be condemning undocumented immigrants to another decade of living in the shadows. Windows to pass normalization for the undocumented are few and far between. The last occurred in 2012, now almost a decade ago. The Democrats have another year to pass legislation. After that, the left is unlikely to control both houses and the executive branch for many years to come. Should the advocacy groups be contemplating a Plan B? Do they need an approach which could work across the aisle, one that embodies problem-solving rather than winning or losing?

Meanwhile, VP Harris's weak performance at the border has metastasized into a full blown crisis engulfing her staff and perceptions of her character and competence. Failure in one policy area has called into question her capabilities more broadly. Could she use a better plan on border policy to shore up her disastrous political state?

One would certainly think so.