Immigration Restrictions Are Affirmative Action for Natives

By Alex Nowrasteh

Published 26 August 2023

U.S. immigration restrictions are the most anti‐meritocratic policies today, and they are intended as affirmative action for native‐born Americans. When people think of anti‐meritocratic policies, they rightly jump to quotas, race‐based affirmative action, or class‐based affirmative action. It’s true; those are all anti‐meritocratic and likely wouldn’t exist in a free market outside of a handful of organizations in the non‐profit sector. But U.S. immigration restrictions are worse. Those who truly favor meritocracy and oppose affirmative action on principle should reject the anti‐meritocratic affirmative action of American immigration laws.

The recent Supreme Court case about affirmative action in university admissions (SFFA v. Harvard) paralleled a broader social debate over meritocracy. Those opposed to affirmative action broadly say they are supportive of meritocracy. They believe individual achievement should be more prominent in university admissions, at least when the government is involved in university funding. The debate over affirmative action and meritocracy intersects with the immigration debate in two ways. First, immigration restrictions are the most destructive form of affirmative action. Second, immigrants and their descendants have been essential in reducing the scope of affirmative action in the United States over the last 30 years.

Meritocrats believe that individuals should rise or fall on their achievements. Those supportive of affirmative action are more skeptical of meritocracy, at least how it exists under the current system. They argue that meritocracy is bad, a myth, unfair, or that current means of identifying merit are insufficient because systemic rules or practices hold back some people in specific racial, ethnic, or other categories.

I’m a supporter of meritocracy, but a compelling point raised by skeptics is that the design of meritocratic systems can select wildly different types of merit. In other words, there’s a principal‐agent problem whereby the most meritocratic people design methods of gauging merit that favor themselves and people like them.

This problem could be to the detriment of specific organizations relying on merit and, eventually, to the rest of society.

Hard work, fluid intelligence, crystallized intelligence, personality, luck, physical attractiveness, and other characteristics contribute to merit in different endeavors and extents. A one‐size‐fits‐all approach across all organizations doesn’t make sense and is slightly less bad in organizations in the same industry. That doesn’t mean some of the factors listed above aren’t good predictors of merit in most endeavors, some certainly are, but their relative weights are important.

For instance, the combination of characteristics that make a successful film actor differs from those required to be a successful astrophysicist, CEO, or farmer. But that’s just the supply side of merit; there’s also a demand side. What consumers demand of people in different endeavors changes over time. Consumers want the best over time, but what they think is best changes.