All posts by Thomas L. Knapp

Politics versus Policy in the New “Public Charge” Rules

Green Card (public domain image)
Green Card (public domain image)

On August 12, the Trump administration announced new rules for immigrants seeking permanent residence status (through issuance of a “green card”)  in the United States. Those rules apply a longstanding prohibition on immigrants likely to become “public charges” (that is, dependent on government benefits) to  applicants who have received certain of those government benefits — among them Medicaid, SNAP (“food stamps”), and housing assistance — for more than 12 months.

The politics of the move are obvious: Trump is throwing more red meat to his anti-immigration “base.” The new rules are of a piece with his border wall project and high-profile ICE raids on workplaces where undocumented immigrants are employed. They’re not intended to solve a problem. They’re intended to keep his voters enthused as the 2020 election cycle heats up.

As actual policy, who can really complain? Well, some people can and will. But if the US government is going to regulate immigration at all (I don’t believe that it should, and the Constitution says it can’t), “pay your own way or go away” doesn’t sound like an unreasonable rule.

Interestingly, though, the policy conflicts with the politics. It discourages the “legal” immigration most Trump voters claim to be fine with, and encourages the “illegal” immigration he campaigned on a promise of “fixing.”

Suppose you are a would-be immigrant to the United States.

You can “get in line,” fill out forms, show up for meetings, submit to questioning, bust your hump meeting various requirements, and still find yourself turned away (or sent back) for any number of reasons.

Or you can walk across the border in the middle of the night and go to work, with a much lower chance of being found out, and sent back, than if you interacted with US immigration authorities.

Adding to the burden of the first approach doesn’t mean fewer immigrants. It just means that more immigrants will take the second approach.

Is that the outcome you signed up for, Trump voters?

Anti-immigration agitators fondly quote economist Milton Friedman: “[I]t is one thing to have free immigration to jobs. It is another thing to have free immigration to welfare. And you cannot have both.” The rule change is a sop to that sentiment. But it leaves out another thing Friedman said about what happens when we try to have both:

“Mexican immigration, over the border, is a good thing. It’s a good thing for the illegal immigrants. It’s a good thing for the United States. It’s a good thing for the citizens of the country. But, it’s only good so long as it’s illegal.”

If Americans want fewer “public charges,” the solution isn’t to single out immigrants for exclusion from government welfare benefits. It’s to eliminate, or at least drastically reduce and toughen  eligibility requirements for, those welfare benefits. For everyone, not just for people who happen to  hail from the “wrong” side of an imaginary line on the ground.

Two evils — immigration authoritarianism and welfare statism — do not add up to one good. We should ditch both.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

PUBLICATION/CITATION HISTORY

Sneering at “Conspiracy Theories” is a Lazy Substitute for Seeking the Truth

Medical Examiner's van allegedly carrying the body of Jeffrey Epstein (public domain, video capture from US state media)
Medical Examiner’s van allegedly carrying the body of Jeffrey Epstein (public domain, video capture from US state media)

On the morning of August 10, a wealthy sex crimes defendant  was reportedly found dead in his cell at New York’s Metropolitan Correctional Center.

“New York City’s chief medical examiner,” the New York Times reported on August 11, “is confident Jeffrey Epstein died by hanging himself in the jail cell where he was being held without bail on sex-trafficking charges, but is awaiting more information before releasing her determination …”

That same day, the Times published an op-ed by Charlie Warzel complaining that “[e]ven on an internet bursting at the seams with conspiracy theories and hyperpartisanship, Saturday marked a new chapter in our post-truth, ‘choose your own reality’ crisis story.”

After three years of continuously beating the drum for its own  now-discredited conspiracy theory —  that the President of the United States conspired with Vladimir Putin’s regime to rig the 2016 presidential election — the Times doesn’t have much standing to whine about, or sneer at, “conspiracy theories and hyperpartisanship.”

Is Jeffrey Epstein really dead? If so, did he kill himself or was he murdered? If he was murdered, whodunit and why?

Those are legitimate questions. Calling everyone who asks them, or proposes possible answers to them, a “conspiracy theorist” isn’t an argument, it’s intellectual laziness.

Yes, some theories fit the available evidence better than others. And yes, some theories just sound crazy. If someone says a UFO beamed Epstein up, or that Hillary Clinton and Donald Trump posed as corrections officers and personally strangled him, I suggest setting those claims aside absent very strong evidence.

But there are plenty of good  reasons to question the “official account.”

Yes, prisoners have committed suicide at federal jails and prisons. But prisoners have also escaped from, and been killed at, such facilities. In fact, notorious Boston gangster Whitey Bulger was murdered in a federal prison just last year.

Given Epstein’s wealth and power, the wealth and power of persons accused of serious crimes in recently unsealed court documents, the claim of one of his prosecutors that Epstein “belonged to” the US intelligence community, the well-established inability of the federal government to secure its facilities or prevent criminal activity inside those facilities (including the corruption of its own personnel), the equally well-established unreliability of claims made by government agencies and officials in general, and the already flowing stream of admissions that the Metropolitan Correctional Center’s procedures weren’t followed where Jeffrey Epstein was concerned, the question is not why “conspiracy theories” are circulating — it’s why on earth they WOULDN’T be.

No, I’m not saying that Epstein is alive and living it up in “witness protection,” or that he was murdered by a hit team on behalf of one of his “Lolita Express” cronies. I just don’t know. Neither, probably, do you. Nor do those screaming “conspiracy theory!” at every musing contrary to the suicide theory.

Maybe we’ll find out the truth someday. Maybe we won’t. Pretending we already have, and shouting down those who suggest we haven’t, isn’t a method of seeking knowledge. It’s a method of avoiding knowledge.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

PUBLICATION/CITATION HISTORY

Reading is Fundamental. Congress Should Try It.

Reading Glasses -- free photo from Pexels

As the US House of Representatives took up the Affordable Care Act, aka “ObamaCare,” in 2010, then Minority Leader Nancy Pelosi (D-CA) famously told her fellow members of Congress “we have to pass the bill so that you can find out what is in it.”

The 900-plus page bill (which eventually sprouted thousands of pages of implementing rules and regulations) had been posted to the web only days before, printing and distribution of hard copies was taking time, and some members felt that its content bore careful consideration and discussion before a vote.

They ended up passing it anyway, but they were right to worry. Since the ACA became law, its provisions have created considerable confusion and debate in the public square, among regulators, and in the courts.

Is it really too much to ask of US Representatives and US Senators that they know what they’re voting on before they vote? Apparently so, and it’s easy to see why.

Legislation that arrives before Congress these days isn’t even really written by members of Congress. It’s written by staffs of lawyers and “experts,” then its details are thrashed out between teams from those staffs.

By the time a bill actually comes to a vote, it’s often long, confusing, and full of devilish details that any given member might vote against if he or she noticed them. They count on their staffs (and lobbyists who influenced the legislation) to notice those details for them. Congress is effectively a 535-headed rubber stamp, albeit one of mixed “yeas” and “nays.”

It shouldn’t be that way. It doesn’t have to be that way. In 2006, Downsize DC proposed the Read The Bills Act. It’s about 3,000 words long, but  its core provision requires that “before final passage of any bill (other than a private bill) or resolution, the full verbatim reading of the text to each house of Congress.”

US Senator Rand Paul (R-KY) sponsored the Read The Bills Act in 2012. It didn’t pass. It should have.

Harvey Silverglate points out in his book Three Felonies a Day that “[e]ven the most intelligent and informed citizen (including lawyers and judges, for that matter) cannot predict with any reasonable assurance whether a wide range of seemingly ordinary activities might be regarded by federal prosecutors as felonies.”

We have way too many laws. Those laws are too long and at turns too vague and too detailed, depending on whether vagueness or detail better facilitate the arbitrary exercise of government power.

If Congress can’t be bothered to even know what’s in the laws it passes, why should the rest of us be bothered to understand and follow those laws?

It’s time to pass, and follow, the Read The Bills Act.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

PUBLICATION/CITATION HISTORY