The Volokh Conspiracy
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Don't Play into Putin's Hands by Barring Russians from the West - Instead, Let More in
Calls for Western nations to bar Russian migrants and visitors are wrong on both moral and strategic grounds. Acting on them would only benefit Vladimir Putin and his regime..

I was going to write a post about the current debate over whether Western nations should bar all or most Russian migrants and visitors. But much of what I might have said has already been better stated in an article by Reason immigration policy writer Fiona Harrigan. Here is her summary of the ongoing debate:
In an interview with The Washington Post earlier this month, Ukrainian President Volodymyr Zelenskyy said that Russians should "live in their own world until they change their philosophy." In practical terms, he suggested that countries should "close the borders" to Russian citizens. "Whichever kind of Russian," he said, "make them go to Russia."
A number of nations have taken steps to prevent Russians from entering. So far, the Czech Republic, Lithuania, Estonia, Latvia, and Poland have decided to stop issuing certain visas to Russian citizens. Finland will be slashing its current level of Russian tourist visas by 90 percent….
European Union foreign ministers are expected to discuss the issue of Russian visas on August 31. Ahead of that meeting, many major figures—including people within the Zelenskyy administration—have argued against a blanket ban on visas for Russians. They recognize the ethical and practical issues that come with punishing civilians for the actions of an authoritarian government they can't feasibly control.
Oleksiy Arestovych, a military adviser to Zelenskyy, told The Washington Post that he's "not a supporter of collective responsibility [but of] individual." While it might be reasonable to sanction those who overtly support Russian President Vladimir Putin, he said, he favored a "more selective" approach to visa denials for Russians.
German Chancellor Olaf Scholz likewise has rejected the idea of an E.U.-wide ban on Russian tourists, arguing that such a measure "would undermine the purpose and effect of targeted sanctions that have been applied to those supporting the war," explains Politico. "This is not the war of the Russian people, but it is Putin's war," Scholz said at a press conference last week. "It is important to us to understand that there are a lot of people fleeing from Russia, because they are disagreeing with the Russian regime."
On this issue, Zelensky is wrong and Arestovych, Scholz, and others are right. Harrigan explains some of the reasons why:
Zelenskyy argues that limiting the movement of Russian travelers should be done "until they change their philosophy." But keeping Russians in Russia isn't the right approach to encourage them to change their views. For one, the Kremlin has censored all manner of information about the war. Back in March, it blocked access to Facebook. It's cracked down on journalists and foreign websites, censoring sites like BBC, Radio Free Europe/Radio Liberty, and Deutsche Welle. And in March, Putin signed a law that would dole out prison sentences of up to 15 years for those who circulate "false news" about the invasion. Russia arrested over 13,000 anti-war protesters in just the first two weeks after the war began.
Isolating Russians will be counterproductive. Allowing them to travel will surely bring them some measure of joy, but it will also give them access to views and insights on the invasion of Ukraine that they'd be hard-pressed to find at home. Fencing Russians off from freer nations will ensure that they're kept in a hostile information environment, deprived of experiences that may make them more amenable to freedom and more hostile to their current regime. What's more, it could keep certain vulnerable groups—like LGBT people or political dissidents—from leaving for safer places.
A sweeping visa ban would harm the Russian citizens that could very well benefit either from an escape route or exposure to ideas outside Russia's borders. Keeping them isolated will only trap them in a country rife with censorship and risk alienating them from the West, playing directly into Putin's hands.
Harrigan also notes that it would be a mistake to try to screen Russians in order to keep out those who support Putin, because it would "require visa-issuing authorities to make any number of subjective judgments" about visa applicants' political views. More generally, imposing political viewpoint restriction on migration policy has much the same flaws as other government policies targeting people based on their political views. It's reasonable to sanction and otherwise punish Russians (and others) for perpetrating injustices and human rights violations - including those associated with the Putin's brutal war against Ukraine. But it's wrong to restrict people's liberty merely based on the fact that governments have concluded they have wrong political views. Restricting it merely because they have the misfortune of being born in a country with a horrible government is even worse.
In addition to the points made by Harrigan, it's also worth emphasizing that letting Russians migrate freely to the West can impose a "brain drain" on Putin, while simultaneously bolstering our own economy. It would also strengthen our position in the war of ideas against his brand of authoritarian nationalism. The potential risk of espionage by Russian migrants is low and can be addressed by measures other than exclusion. Instead of making it harder for Russians to enter the West, we should be making it easier, thereby simultaneously helping people fleeing oppression and strengthening ourselves.
It might be argued that barring short-term visitors is less harmful than banning those seeking to live and work in the West long-term. Perhaps so. But even relatively brief visits can open people's eyes to the fact that life in the West is happier, free, and more prosperous than in Russia, and thereby lead the visitors to question Putin's regime. A short-term visit could also lead some to leave permanently. In addition, barring visits is still a restriction on the liberty of innocent people that serves no useful purpose.
The war against Putin is supposed to be a war for liberal democratic values. Imposing collective punishment on innocent civilians - including those who have no hand in the war and in many cases even oppose it - is the kind of thing Putin and other authoritarians do. Rejecting such measures is one of the ways the West can show we differ from our enemies.
In earlier posts (e.g. here and here), I addressed claims that opening the door to Russians and Ukrainians is unfair so long as the West is less open to those fleeing violence and tyranny elsewhere. While such arguments have a certain degree of merit, the right way to deal with the problem is through "leveling up" by being more open to others, not by barring Russians and Ukrainians. For those interested in consistency, I have a long record of also advocating refuge for victims of war and and oppression from elsewhere in the world, including in this recent post about Chinese fleeing that country's brutal Covid lockdowns and other human rights violations. The Chinese government's atrocities are at least as bad as Putin's. If they do not justify barring Chinese from the West (and they don't!), the same goes for the Russian case.
In sum keeping Western doors open to Russian migrants is the right thing to do for both moral and strategic reasons. If we forget that and ignore our principles, the main beneficiary will be Vladimir Putin.
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Why would anyone from the actual law and order nation of Russia want to come to this banana republic country? I mean if you are on the left you think we are just a bastion of white supremacy, hate, and bigotry and if you are on the right ripe with governmental abuses and holds political prisoners. From an outsider perspective, why would anyone want to move let alone immigrate to such a place?
You truly are an irredeemable sack of shit.
Again, Ilya, the street address. We are sending all the Russian immigrants to your street. Big stores were bankrupted by their shoplifting. They have a culture of crime.
Ilya, don't worry about sies. Worry about the Russian thieves that will strip our stores bare. All to your street, bruh or STFU, you Ivy indoctrinsted lawyer.
Might be. But I am totally right also!
I doubt you're right, Jimmy. When I learned Russian it became apparent to me that Russia was just a gigantic collection of white trash with a superiority complex. Not unlike the rednecks here (you). In other words they're too proud and stubborn to switch countries. And too ignorant to understand they've been played...like you, Jimmy
Man it takes some real brass khonas to do what you just did up there. Russian are rednecks. I'm a redneck. Nothing bigoted in the least about that BTW. We all are being played by.....someone...presumably Putin and/or Trump. An entire country is too stupid to understand they were duped. Man.....
Presumably, by omission, you are an enlightened person though who totally has not been played at all by the left, its institutions, educational indoctrination, and everything else. There is a distinct lack of self-awareness there, but as the kids these days say "you do you."
Looking in the mirror I see.
Move to Russia then.
But you won't, because you're just into performative America-hating freely and from the comfort of your own computer.
I guess the thinly veiled death threats you used to make didn't get enough of a rise, you now you're trying to lean on people's patriotism to get a some of that negative attention you seem to pathologically crave.
Welp, back to the block list for you, lameo!
Haha.....you are just making more stuff up like always. Can't even fess up that especially from a leftist viewpoint there is absolutely no reason to come to our country if you were an outsider looking in. Of course, that is the logical fallacy that you don't want to confront.
You appear to misunderstand those who like modern America, and wish to see our nation continue to improve. The liberal-libertarian mainstream. which has shaped our national progress throughout our lifetimes and is positioned to continue to do so.
Are you saying you like our racist shithole of a country that was founded on white supremacy and slavery?
I like America, which has overcome some ugliness among its laws, practices, and people and become a strong country that continues to improve.
America has encountered successive waves of intolerance and ignorance, often related to skin color, race, religion, nationality, or perceived economic pressures. Lesser Americans have targeted Italians, Blacks, Jews, the Irish, Asians, gays, Catholics, Hispanics, women, agnostics, other Asians, Muslims, atheists, eastern Europeans, other Hispanics -- most of America, at one time or another.
What makes America great is that our bigots don't win, not over time. America tends toward reason, education, inclusiveness, modernity, science, progress, freedom, diminution of unearned privilege, fairness, transparency, and tolerance. Our progress is not uniformly paced, and we occasionally encounter setbacks, but America tends to improve as we reward effort, merit, skill, sensible risk-taking.
Our latest batch of bigots seems nothing special. I expect more progress at their expense.
"Progress......."
We will see.......
Rev, this is one of the few times you are correct. Peaceful, honest, freedom-loving people who are either self-supporting or with willing sponsors should be free to come here from anywhere, including Russians who hate their homeland's history of tyranny, superstition, and squalor.
That being said, one trait I hope immigrants never assimilate is your snooty, snotty, snobby presumptuousness and cape-flourishing crap about everyone but you being "lessers" and "clingers."
Sarcastr0, have you really become an 'America, love it or leave it' kind of guy? Seriously? 🙂
Jimmy is well beyond not loving America, as I'm sure you can tell.
All the people wanting free gibs and don't mind being on the Democrat Plantation
Wasn’t it not so long ago that the right had the temerity to call the left a bunch of America haters?
This comment makes clear that that was bullshit.
People who hate this country so much they say dictators like Putin offer a better life should really stop bullshitting that they are patriots.
I may have a somewhat conservative interpretation of the constitution. But that’s because I support this country’s republican form of government, not because I want it replaced by dictators and totalitarians.
Perhaps its a good thing that the fascists among us are openly declaring themselves and openly proclaiming their hatred for our country. At least now that it’s out in the open they can’t pretend that they have any true connection to it.
I suspect you are making a false assumption that a performative troll commenter here represents anything real in the population at large. Jimmy likes to wind people up, but I doubt even he believes half the stuff he writes.
Man, immigration: it's not only a dessert topping, also a floor polish. FFS.
Is there anyone in Somin world that we should not welcome with open arms to the USA?
Xenophobes. Kick them out.
Xenophobes should not be kicked out. Better Americans should await the replacement of our vestigial immigrant-haters (and racists, and misogynists, and gay-bashers), which occurs in the natural course.
And don't forget to stomp them and force things down their throats on their way out.
I expect conservatism to continue to be stomped at the modern American marketplace of ideas unless Republicans ditch the bigotry, superstition, and backwardness. The mainstream will continue to shape our progress against conservatives' wishes and efforts. If that bothers you, prepare to continue to dislike our improving nation's trajectory.
Revvie Boy, what law school, bruh. Brilliant legal analysis.
Time was, Americans of both parties felt proud taking anyone who could escape from behind the Iron Curtain.
Not entirely true. One faction on the left regularly lied it was the US preventing you from fleeing to the Soviet Union.
Ahh the good old days of dialup.
You?
That is not original. Before the war in Ukraine started, some people wanted to bribe Russian soldiers to desert by offering them visas.
Don't play into Putin's hands, adopt my preferred policy.
Some day, Ilya's hammer will find a nail. Today is not that day.
Sure, why not bring people into your country who likely support Putin, whose grandparents likely supported Stalin and whose great grandparents likely supported the Czars and who have no cultural understanding of the rule of law.
Suicide of the West, courtesy of the Volokh Conspiracy.
"bring people into your country who likely support Putin, whose grandparents likely supported Stalin and whose great grandparents likely supported the Czars and who have no cultural understanding of the rule of law . . ."
and eventually you will get
". . . the Volokh Conspiracy."
You have picked a strange forum at which to exhibit this particularly flavor of xenophobia, clinger.
You were doing so well until that last word.
Resist the urge to be boring and repetitive. You really have been doing better.
Have you seen the sorts of people today's Republicans get all chummy with? Viktor Orban, the Putin-styled authoritarian, for example? Or the large volume of Putin supporters who claim the Ukraine and/or NATO are responsible and Putin is the real victim?
I'm not a fan of letting Russians travel around like they aren't slaughtering civilians daily, mind you, but I'd think the average conservative, Trump-voter here would welcome more like-minded people.
The image Ilya posted looks like a bunch of white guys chasing a black guy running away with something. Never knew Prof Somin was a 4chan altrighter into dogwhistles.
It looks like a bunch of white guys chasing a white guy, which, if Marvel/Disney taught me anything, is totally backward. The green guy should be chasing the white guys.
OK, the above was a first draft, let me try again:
It looks like a bunch of white guys chasing a green guy, which, if Marvel/Disney taught me anything, is totally backward. The green guy should be chasing the white guys.
Ilya, your commitment to open immigration sometimes blinds you to reality.
1. If banning visas for Russians really played into Putin's hands then the Russians would not be frothing at the mouth over this.
2. The kind of people with money to travel to the West also have VPNs. They know what the world things of Russia's invasion of Ukraine and most of them care little. Exposing them to West will not help.
3. What they do care about is being able to visit Greece, visit Paris, even visit Tallinn. To be able to go places, not to be locked in Russia and see the walls closing in bringing them back to Soviet times when they we not allowed to leave, but this time by a world that is so disgusted at Russia and all Russians that it now refused to associate with them.
4. Agree with you that there should be exceptions - for example for emigration. But we should make sure that these are real emigrants with one way tickets.
The context you may be missing is that Ilya is an avowed open-borders immigration extremist. Any post he makes about allowing this group or that group into the country must be read with that understanding.
Today must be a day ending in "y".
Another day, another chapter of the Volokh Conspiracy fans' exhibition of bigotry and backwardness.
"If banning visas for Russians really played into Putin's hands then the Russians would not be frothing at the mouth over this."
That's what they *want* you to think - it's a masterful exercise in reverse psychology - "nyet, do not be throwing us in briar patch!"
Is it necessary for me to add /sarc? Probably.
We ban Russians but had no qualms about sending athletes to the CCP Olympics? F*** the decision makers. What China is doing to Uyghurs, Hong Kong freedom fighters, Christians, and Falun Gong plus their role in the global pandemic should make them a global pariah for the next decade.
Once again, Ilya misses the dangers.
What do most of these countries who have limited Russian immigration / tourist visas have in common? A border with Russia. Latvia, Poland....
What is the possible issue with an open border in Russia?
Well, history serves a lesson. In 2014, Russia took Crimea in a near bloodless invasion. How so? They had smuggled their unmarked soldiers into Crimea, holding key points, government buildings, key bridges, etc. How does Russia smuggle entire brigades of unmarked troops into a country? Well...an open borders policy helps nicely. They were just "tourists" ....Until they weren't
The dangers in such an "open border policy" are quite apparent with a hostile power. And Russia is a hostile power.
There are reasons not to have an open border policy. A Fifth Column of Russian agents is not one of them.
Ukraine demonstrates the threat is real, especially for those countries bordering Russia.
Crimea called and would like their 2013 back.
The United States is not Ukraine nor Crimea, you two.
I usually agree with Prof. Somin's positions, but not this time.
First, we have to stop thinking this is a, ". . . war against Putin. . . ."
There are millions of Russians who actively support this war and/or benefit from it.
And there are those who support a return to the expansionist control of previous Soviet states, e.g. Uzbekistan, etc., and this action is just a start.
Lastly, Russia has no qualms about seizing territory to meet its global goals which is why it first seized the Crimea in Feb. 2014.
Russia has always needed warm water ports and the Crimea was their best available option (with that little problem about the Bosphorus Strait).
While the world is desperately trying not to escalate military action, we must make it ABSOLUTELY CLEAR that Russia will not win this time or any other time.
While the world is desperately trying not to escalate military action, we must make it ABSOLUTELY CLEAR that Russia will not win this time or any other time.
Really? By doing what, exactly - since escalation (your words) is not in the cards?
I said "trying" not to escalate meaning the materials and weapons being sent to Ukraine are defensive in nature.
Additionally, the goal is very limited to removing Russia - definitely not threatening them.
So not escalating military action beyond the immediate goal of removing Russia.
apedad, you know I follow your posts. Your breakfast ring recipe is now a part of my family 'extra special breakfast' occasions. 🙂 However, your post on this topic doesn't add up for me. How exactly do you remove Russia from Ukraine, and not have that be threatening to them? It means military defeat = removing Russia from Ukraine.
'Defensive' weapons are somebody else's offensive weaponry; that designation is very much in the eye of the beholder. I don't think we can make anything absolutely clear to Russia, nor do I think Russia can be 'removed' from Ukraine unless they are militarily defeated. Do you really think otherwise, apedad?
By sending weapons and increasing third party involvement we're not escalating the involvement and threat is some clown world level of stupid by our resident leftists.
Professor Somin is of course entitled to make a political argument for his preferred policy positions. As a legal matter, would point out that we often take out our disagreements with countries leaders on their citizens. War is the most extreme way of doing this. But we can also do this in less extreme ways, and immigration restrictions are one of those ways.
In these matters, there is no question of guilt or innocence, no issue of personal wrongdoing on would-be immigrants’ part. They simply happen to have a status that we disapprove of.
It might not necessarily be wise to take out our disagreements with a coumtry’s leaders on its people. There are pragmatic arguments that at least sometimes it could backfire. And as Professor Somin regularly points out, there are moral positions by which such status-based approaches are immoral.
Nonetheless, the Constitution gives the federal government plenary power over foreign policy. And this includes plenary power to restrict immigration, at least since 1808.
Sorry, while Ukraine is being destroyed they should not be coming here to shop in South Beach and Rodeo Drive, and to hang out in their luxury condos in Jackson Hole. Stay home and help remove the genocidal dictator running your country. I could see political refugees who are facing threat there, but that's it.
Russians are international pariah's now, and should be treated accordingly.
I do think we are missing several opportunities here. Unfortunately through the 90's and the first decade of the 2000's it was shortsightedly decided that with the advent of the Internet that radio, particularly shortwave radio, was obsolete.
The original transmission methods of stations like Radio Liberty, Radio Free Europe, The BBC, The Voice of America, Deutche Welle, etc, when they broadcast via shortwave could obviously not be stopped by a firewall. Despite huge efforts behind the Iron Curtain at jamming, the signal, and the information it carried, did get through. Millions there relied on these services for news and information not filtered through their totalitarian governments.
To date, the only station to resume a broadcast to Ukraine/Russia is the BBC for a few hours a day, and they're only broadcasting in English.
Shortwave and Longwave radios are far more common in Europe than they are here. We should be saturating the airwaves with broadcasts on more frequencies than could ever possibly be jammed.
While I don't disagree in spirit, I do wonder if this would be effective, precisely because of the internet has largely replaces most analog methods for transmitting information (radio, tv, newspapers, etc). One issue with jamming radio pre-internet was that you would also jam your own transmissions. This left a window for your adversaries to continue transmission. Today, if (and I don't know that this is true) most Russians are getting their media via the internet and their cell phones/PCs, then the state has less to lose from jamming broad sections of the spectrum.
[[Ooof! Serious edit fail here. Sorry.]]
The thing is for most casual internet users firewalls and IP Black Holes are 100% effective in controlling the flow of information. More savvy users, of course, could always figure out a VPN, but that takes some level of knowledge, and it still relies on Russia not cutting all outside connections.
The thing is because of how the laws of physics and how radio transmitters work, jamming wide sections of the radio spectrum really isn't possible. Broadcast antennas and the equipment behind them are pretty precisely crafted and tuned to operate on a very narrow specific frequency rage with any level of efficiency.
I'm not sure how old you are. If you were alive during the 70's CB Radio craze you'd remember any time someone was setting up, you'd have to have an SWR Meter attached between the radio and antenna and would have to physically trim the antenna to match the desired frequency based on the meter's readings.
Poland has a transmitter called Solec Kujawski that broadcasts on 252 LW (imagine if you could keep turning your AM dial down below 530) that has stupid amounts of power. With it's prior antenna it could be picked up during the day over much of the US.
I'm old enough to remember the 70s but young enough to have never set up shortwave or use a CB radios.
Russian may be more likely to own the equipment to set up a VPN these days than have a dusty old shortwave that still works. I cannot imaging getting your shortwave receiver fixed is considered a safe thing to do, either. But having said that, VOA says they have better, more effective ways of getting into Russia and the BBC hasn't quantified their reach using old technology. But I'm always for "all of the above" in these sorts of circumstances.
To wit: a private news effort out of Florida that sends shortwave in multiple languages around the the world.
A report at The Hill asked the VOA folks why they weren't using shortwave. Their response: "USAGM spokesperson Laurie Moy said USAGM content currently reaches audiences in Russia, Ukraine and the region through TV, FM and medium wave radio, digital and direct-to-home satellite. " There may be more, newer TVs able to receive OTA digital broadcasts than shortwaves left functioning in Russia. (I could find no data on shortwave receivers in Russia.)
They tend to be more likely to be included just as a default in Europe. If you remember there was a period in the 80's here when it came as standard on boomboxes. It's still going on there, particularly LW, which is a band never really used here, but is still big in Europe where it is more effective for covering regions rather than towns like we use AM for here.
I'm thinking OTA TV is kind of pointless, because unless you live near enough to a bordering country to pick up the signal it doesn't really make sense. Think about it: Not a lot of people in Kansas are picking up Mexican or Canadian TV, and satellite these days tends to aimed at fixed points in the sky. If you have ever watched DirectTV, when is the last time you saw someone go out and aim the dish at a different satellite?
Fellows, I look at it this way: Using Shortwave to communicate with Russian dissenters also means less bandwidth for Alex Jones' lunacy and fewer chances for him to put us in a bad light with foreigners who value Reason and Freedom.
Russian citizens that could afford to travel abroad, especially during the economic blockade of their country, are wealthier than average. They're doing just fine under Putin. Barring any evidence that those Bentleys and Porches are being abandoned as part of a bid to leave Russia, I think it's assuming a lot to think these tourists will see the error of their ways in some Parisian cafe over an espresso.
Also, while it's problematic to blame all Russian citizens for Putin's war, he wouldn't be able to sustain his war without enough support from the folks that make his weapons, feed his troops, and transport his goods to the Ukrainian border.
There is a proposal to limit Russian tourist visas to 10% of the pre-war volume. That sounds reasonable to me. It also has the added bonus of limiting the friction of Russians in EU countries and the diplomatic issues that would arise from anti-Russian violence in the EU.
I agree with Ilya.
As to short-term visitors, it's essentially a free speech issue. Russia censors anti-government speech. (So does China, for that matter.) The best way to counter that is to give Russian citizens the best possible access to information about the horribly destructive policies of their government. Sure, there's a price to pay for doing that --- it allows wealthy Russians to enjoy vacations all over the world. But if one compares the costs and the benefits, this one's worth it.
With respect to immigrants, it's useful to remember Albert Einstein, who emigrated to the US from Germany when Hitler came to power. It was certainly to our benefit that he did so!