The Volokh Conspiracy
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Help Workers by Breaking Down Barriers to Labor Mobility
Labor Day is a great time to remember that we can make workers vastly better off by empowering more of them to vote with their feet, both within countries and through international migration.

Each Labor Day since 2021, I have written posts explaining how breaking down barriers to labor mobility can help many millions of workers around the world. The main points everything last year's post are just as relevant today. So I am reprinting it with some updates and modifications, many of them related to the awful deterioration in immigration policy over the last year:
Today is Labor Day. As usual, there is much discussion of what can be done to help workers. But few focus on the one type of reform that is likely to help more poor and disadvantaged workers than virtually anything else: increasing labor mobility. In the United States and around the world, far too many workers are trapped in places where it is difficult or impossible for them to ever escape poverty. They could vastly improve their lot if allowed to "vote with their feet" by moving to locations where there are better job opportunities. That would also be an enormous boon to the rest of society.
Internationally, the biggest barriers condemning millions to lives of poverty and oppression are immigration restrictions. Economists estimate that eliminating legal barriers to migration throughout the world would roughly double world GDP - in other words, making the world twice as productive as it is now. A person who has the misfortune of being born in Cuba or Venezuela, Zimbabwe or Afghanistan, is likely condemned to lifelong poverty, no matter how talented or hardworking he or she may be. If they are allowed to move to a freer society with better economic institutions, they can almost immediately double or triple their income and productivity. And that doesn't consider the possibility of improving job skills, which is also likely to be more feasible in their new home than in their country of origin.
The vast new wealth created by breaking down migration barriers would obviously benefit migrants themselves. But it also creates enormous advantages for receiving-country natives, as well. They benefit from cheaper and better products, increased innovation, and the establishment of new businesses (which immigrants create at higher rates than natives). Immigrants also contribute disproportionately to scientific and medical innovation, including vaccines and other medical treatments that have already saved millions of lives around the world.
The Trump Administration's massive assault on immigration of virtually every kind will predictably harm both migrants and native-born Americans, condemning hundreds of thousands of the former to a lifetime of poverty and oppression, and denying the latter the growth and innovation immigration facilitates.
Similar, though somewhat less extreme, barriers to labor mobility also harm workers within the United States. Exclusionary zoning prevents many millions of Americans - particularly the poor and working class - from moving to areas where they could find better job opportunities and thereby increase their wages and standard of living. Occupational licensing further exacerbates the problem, by making it difficult for workers in many industries to move from one state to another.
Breaking down barriers to labor mobility is an oft-ignored common interest of poor minorities (most of whom are Democrats), and the increasingly Republican white working class. Both groups could benefit from increased opportunity to move to places where there are more and better jobs and educational opportunities available.
As with lowering immigration restrictions, breaking down domestic barriers to labor mobility would create enormous benefits for society as a whole, as well as the migrants themselves. Economists estimate that cutting back on exclusionary zoning would greatly increase economic growth. Like international migrants, domestic ones can be more productive and innovative if given the opportunity to move to places where they can make better use of their talents.
Many proposals to help workers have a zero-sum quality. They involve attempts to forcibly redistribute wealth from employers, investors, consumers, or some combination of all three. Given that virtually all workers are also consumers, and many also have investments (e.g. - through their retirement accounts), zero-sum policies that help them in one capacity often harm them in another. Breaking down barriers to labor mobility, by contrast, is a positive-sum game that creates massive benefits for both workers and society as a whole; it similarly benefits both migrants and natives.
The same is true of breaking down barriers to the mobility of goods. Tariffs and other trade restrictions harm many more workers than they benefit, by increasing prices (which disproportionately hurt lower-income workers), and increasing the cost of inputs used by domestic industries (leading to lower employment levels and wages). The Tax Foundation estimates that, if they remain in place, the Trump's unconstitutional new IEEPA tariffs will impose $1.8 trillion in new taxes on Americans over the next decade, reduce GDP growth by 0.7% per year, and reduce income by 1.1% in 2026 alone. The actual effects may be even larger, as these estimates do not fully consider the effects of retaliation by trading partners and reduction in consumer choice.
Some on the left point out that, if investors are allowed to move capital freely, workers should be equally free to move, as well. It is indeed true that, thanks to government policies restricting labor mobility, investment capital is generally more mobile than labor. It is also true that the restrictions on labor mobility are deeply unjust. In many cases, they trap people in poverty simply because of arbitrary circumstances of birth, much as racial segregation and feudalism once did. The inequality between labor and capital, and the parallels with segregation and feudalism should lead progressives to put a higher priority on increasing labor mobility.
At the same time, it is worth recognizing that investors and employers, as a class, are likely to benefit from increased labor mobility, too. Increased productivity and innovation create new investment opportunities. The biggest enemies of both workers and capitalists are not each other, but the combination of nativists and NIMBYs who erect barriers to freedom of movement, thereby needlessly impoverishing labor and capital alike. Despite conventional wisdom to the contrary, even current homeowners often have much to gain from curbing exclusionary zoning policies that block the construction of housing needed by workers seeking to move to the region.
On the right, conservatives who value meritocracy and reject racial and ethnic preferences, would do well to recognize that few policies are so anti-meritocratic as barriers to mobility. The case for ending them also has much in common with the case for color-blind government policies, more generally. A number of other conservative values also reinforce the case for curbing both domestic NIMBYism and immigration restrictions. Right-wingers would also do well to recognize that most workers benefit from free trade, and are harmed by protectionism.
There are those who argue against increasing labor mobility, either on the grounds that existing communities have an inherent right to exclude newcomers, or because allowing them to come would have various negative side-effects. I address these types of arguments here, and in much greater detail in Chapters 5 and 6 of my book Free to Move: Foot Voting, Migration, and Political Freedom. As I explain in those earlier publications, nearly all such objections are wrong, overblown, or can be ameliorated by "keyhole solutions" that are less draconian than exclusion. In addition, the vast new wealth created by breaking down barriers to mobility can itself be used to help address any potential negative effects. In the book, I also push back against claims that mobility should be restricted for the benefit of those "left behind" in migrants' communities of origin.
In recent years, there has been important progress on and reducing exclusionary zoning. Several states have also enacted occupational licensing reform, which facilitates freedom of movement between states. But there is much room for further improvement on these fronts. And when it comes to international migration, we are in a period of horrific regression. That must be reversed as soon as possible.
Workers of the world, unite to demand more freedom of movement!
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Just not, you know, *American* workers. They can stay where they are and collect welfare and vote like they're told - or else.
Well, not the 62.2% that are actually IN the labor force - - - - - - - -
Hey, dipshit. Do you support the foot voting of a million Indian lawyers, now making $12000 a year to come to Virginia? They passed a difficult bar exam with a 50% pass rate. They speak the King's English. They would love to do your job for $45000. Everyone would be better off, including law students when the savings get passed onto their tuition.
Until you do, you need to STFU. I just learned, Somin attended Yale Law School. Sorry. This dirty lawyer is dismissed. All Ivy indoctrinated and indocrinating deniers should be shunned by all product and service providers.
You’re responding to someone who agrees with you. Talk about dipshit.
Hi, Mali. I am inserting my comment at the top of the chat, genius. I almost never read other people's personal insults and puerile breath wasting. You are not in the 4th grade anymore, my good internet friend. I really thank you for being the rare person stupid enough to read my Comments. Preciate you.
EV banned me for excessive comment branching in the past. That has gotten better since the Edit function was added. I may be the only person ever banned from a chat for excessive comment branching.
Unfortunately, the Edit function is only for 5 minutes. So afterthoughts still require Comment branching.
I respectfully request that Reason allow a permanent Edit function for afterthoughts.
If Reason allows a permanent Edit function, I will send it a substantial donation.
If Reason allows permanent editing, people will go back and revise their comments to make replies to them look nonsensical. At the very least, the window to edit must close as soon as a comment has been replied to.
I think that rather sums it up: Ilya wants to help workers. Just not... American workers. Or, at the least he is treating the interests of Americans and foreigners as interchangeable, so that Americans losing a bit is alright if foreigners gain more.
It's said that, "The Fourteenth Amendment does not enact Mr. Herbert Spencer’s Social Statics."; Ilya would do well to recall that neither does it enact Rawls' A Theory Of Justice.
The US government, if its existence is to be justifiable at all, must exist for the benefit of Americans, with the interests of non-Americans at most a side constraint.
From a libertarian perspective, government is a horror show. It doesn't just violate the NAP occasionally, it is the organized, systematic violation of the NAP, it is defined by its violations of the non-aggression principle.
And it's primary victims most of the time are its own citizens.
The only way to justify this horror show, if it CAN be justified, is that it is the ONLY way to provide some essential benefit, specifically to those victims. Because to do everything government does, not for the benefit of the victims, but for somebody else's benefit instead?
That wouldn't justify the horror show, it would add to the horror.
I genuinely believe that Ilya is motivated by love of the US, and compassion for the downtrodden of the world. The problem is that he wants to SHARE what he loves with the downtrodden, at the expense of those who already have paid for it and own it. He wants this so much he rationalizes that it also benefits US, not just them.
If only you had no choice about letting the vagrant stay in your spare room, not only would he benefit, you would, too. He'd cook and clean! You're being irrational in refusing him entry!
But in the end it's just rationalization, and it doesn't matter anyway, because we're actually entitled to disagree with Ilya, and refuse the huddled masses entry.
“It's said that, "The Fourteenth Amendment does not enact Mr. Herbert Spencer’s Social Statics."; Ilya would do well to recall that neither does it enact Rawls' A Theory Of Justice.”
You’ve got that backwards, Somin would like it to enact Spencer, they’re both libertarians after all. You complain about violations of the NAP while supporting them via massive tariffs and ICE raids on workplaces.
If Ilya were a consistent libertarian, he might like that, but he's more of a universal utilitarian with libertarian inclinations.
You have a typo; you switched the order of two words: Ilya wants to help workers. Not just… American workers.
Celebrate Labor Day, by reading a Russian Jewish Marxist proposal to import foreign workers to replace you.
Does Ilya walk the talk and house disadvantaged people upon his own property? I don't mean some easy virtue signal like sending a few bucks to some charity. I mean doing what he preaches other people do and open up his own home. Now its a bit harder to shelter actual illegals these days but I'm pretty sure there are plenty of unhoused people looking for a place to stay and Ilya being a well compensated professor has the space and/or the resources to accommodate them. And when opening up the borders of his own home I'm not talking about a carefully curated list of guests. He should be willing to take any and all people on a first come basis without any prevetting.
Of course not. Also why he does not seem to support doing away with any need to pass the bar if you come from a foreign country and why he does not give up his job to an illegal.
He has not preached that any other people open up their own homes.
Mr. Somin as a elite academic who probably mostly hangs out with other elites is almost certainly quite insulated from from the effects of the policies he preaches. At least compared to the average American. Its absolutely bogus to pretend that someone living and working in some sheltered wealthy enclave is experiencing the same multicultural richness as everyone else. He should come on down and enjoy the fruits of diversity and open borders with the rest of us. In order to live in the same actual physical proximity and economic proximity (outside of servants) as others he should take some of the humbler class on his own property. Heck, even supporting a couple other families he'd probably can still be materially better off and have more private space than many working class people. We're only asking him to do what he's essentially preaching others to do.
Elite academics are probably more likely to interact with migrants, be it as their students, as people they interact with in the cities they tend to live in, hiring services from them, etc.,
You either know nothing about academia or are lying through your teeth. Academics are the type of people when specifically in the context of political activism, if they interact with 'disadvantaged' groups on a significant basis tend to do so through similarly privileged 'representatives'. There is a reason the ivory tower meme exists and its not because academics are known for getting down in the trenches toe to toe on a daily basis with the common man. And if Ilya is one of the exceptions please show me evidence of his weekly habit of going down to skid row to ladle soup for the homeless or striking up a true friendship with his neighbor immigrant Juan who is separated physically from him by paper thin tenement walls but united in solidarity emotionally.
He has not 'essentially' preached that others open up their own homes.
He's advocated for changing zoning so that apartments can be built in single family residential neighborhoods, while safe behind his own HOA. I think the claim he wants to make others make sacrifices hits home, and he counters it by pretending that there are no sacrifices involved, that somehow even the unskilled laborers who end up out of work are better off.
Really, he's doing utilitarian tradeoffs, willingly sacrificing harm to one person to secure what he expects to be a greater benefit to others, but because this conflicts with his self-identification as a libertarian, he's driven to deny that those harms actually exist: Open borders magically benefits EVERYBODY.
Yes, Somin has posted many times in favor of opening up residential neighborhoods to overcrowded invasions of migrants and foreigners. His idea of libertarianism is to deprive Americans of their property rights and displace them with foreigners.
What does that have to do with the topic? Oh, that's right: nothing. The neighborhood one lives in is not one's property; indeed, it is someone else's property.
Is this just lying or are you a stalker? How do you know what the status of his home is?
The Supreme Court allows 8 non-related people in a house with zoning approval. Somin should host a family of Indian lawyers. Pay for their bar prep. All million should be fast tracked to the lawyer license to benefit them, as workers, and the public as lawyer customer paying $20 an hour for top notch lawyer work.
He is indeed Russian and Jewish, but except in your febrile imagination is not remotely Marxist.
He does not support the srate owning the means of production. And Marx advocated for the confiscation of property owned by emigrants.
He is like the Cultural Marxists, who happily adapt their messages to whatever subverts Americanism.
"Cultural Marxist" is literally a Nazi slogan. (Hitler, like Schlafly, didn't really care about making sense. (And Hitler, like Schlafly, hated Jews.))
Hi, David. No class warfare in the USA, so said Trotsky after living a few months in the Bronx. The Marxists are now replacing that conflict with disgruntled, crybabies minorities and freaks. It is to take take down our Western Civilization. You are too stupid to understand that Commie has the biggest disparity of income of all systems. Maduro's sister has $5 billion while all other citizens live in abject poverty and in a surveillance state to maintain their power using 2% of the population with guns. The same is true of the Castros.
I like when a MAGAn like Roger does his usual display of anti-Semitism and other MAGAns don’t call him on it, instead responding with general agreement to his comment. Being against anti-semitism has always been a game for MAGA, not serious.
Trump is one of the most pro-Jewish Presidents in history. It is easier to find antisemitism outside MAGA.
Trump might be described as one of the most pro-Israel presidents in history; he's certainly not pro-Jewish.
Ilya, Labor Day celebrates those who reduced the supply of labor so as to raise pay and working conditions -- the exact opposite of what you propose.
Immigration policy has been used as a weapon by the government against the people to strategically drown out voices it doesn't like. Its basically undeclared war against the current population.
Well, since 1/20/25, yes, that's how it has been used.
These people are not libertarians - they're one-world Marxists who don't give a damn about their own fellow citizens. Open borders can only mean no borders, and no borders means no nation states. The great ideological battle today is that between the universalist anti-nationalists and the citizens, whether it's citizens of Germany or the United States. We all have the same enemy.
Does Ilya advocate for private ownership of the means of production? If so, he's not a Marxist. Why are people like you and Roger S so ignorant or stupid?
You sound like Somin, calling everyone ignorant if they disagree with you.
No - I call people ignorant who disagree with me because of their ignorance.
Marxist is for these MAGAns just a word for anyone whose ideas are not like theirs, it’s meaningless. It’s like a series of disapproving grunts.
You mean it is like fascist, racist, and antisemitic?
Some questions for Ilya
1) Do nations have the right to control their borders? If not why not?
2) Do those who cross the border without specific permission have all the rights of citizens, including voting rights? Please explain why if the answer is yes.
3) What do you expect will be affects of allowing unlimited immigration on US citizens? For example how will it affect income and housing for US citizens?
4) Would you be willing to end the welfare state in exchange for open borders?
5) Would you be willing to end licensing requirements to be a practicing attorney and let anyone practice law?
You will not get answers. Even when people point out devastating factual errors, he does not respond.
1. Nations do not have rights at all; people do. And stop using euphemisms like "control their borders" when what you mean is "keep out migrants."
2. No; indeed, those who cross the border with specific permission also do not have all the rights of citizens, including voting rights. Duh. Why are MAGA people too dumb to understand the difference between immigration and naturalization?
3. That depends on what other policies the government pursues. If it continues to make it difficult to build housing in the first place, then the housing situation would worsen. If it removes restrictions on home construction, then it would improve.
4. He's a libertarian.
5. He's a libertarian.
1) Nations are the representation of the people in a geographic area and as that representation have rights.
2) So second class or worse? Of course people such as yourself argue for birthright citizenship which means that illegally crossing the border entitles the children of those who were not granted permission to enter the nation citizenship.
3) Whether restrictions on construction of housing are difficult or not allowing millions of people to enter a nation yearly will eventually cause housing costs to increase as resources are limited. Even renewable resources such as timber can only be harvested so quickly and the housing industry would only build if profitable.
4) Then he should be arguing to end the welfare state. Perhaps you can point to an article where he argues for an end to the welfare state in exchange for more immigration?
5) Again could you point to any articles where he argues for ending the licensing of lawyers and allow anyone who wants to to practice law?
Somin is not a libertarian in the sense of freedom. Almost everything he posts is against American freedoms.
Thanks Judge Smails
And, of course, there are no downsides to allowing immigrants equal to 10% of your current population, most who cannot speak English, and many who don't want to learn, into your country.
Reminds me of Ben Franklin’s rant about how so many German migrants couldn’t speak/learn English.
Perhaps Professor Somin would feel differently if lawyers from all over the world began flooding into the US and took the place of higher paid US lawyers and law professors.
Just as Climate Alarmists never even consider the positive effects of increased temperatures and CO2 (massive greening of the Earth, longer growing seasons in higher latitudes, reduced deaths from cold - which kills 50 times more people than heat) Ilya never even considers the negative effects of open borders: people who want to bring their own tribal loyalties and feuds to your country, who don't understand or respect public norms and laws and who are willing to work for a pittance, because their extended family of 30 or 40 people (living in one house) can get by on a lot lower wages than the single mother trying to raise two or three kids.
Broken record doesn't begin to capture his fixation.
tl;dr version: help companies exploit cheap labor
Screw those companies, right Mr Mamdani?
"Exclusionary zoning prevents many millions of Americans - particularly the poor and working class - from moving to areas where they could find better job opportunities and thereby increase their wages and standard of living."
Zoning is not an issue, it's a phony excuse aimed at building slums.
Increasing a standard of living with increased wages = zero profit.
This article is a pipe-dream not born of reality. No economic system has been invented which will produce outcomes acceptable to all people because people become greedy when marketing induces them to think that way, which is the basis of modern economic theory including anything espoused by Libertarians.
The death knell of the post-WWII boom is past. Nobody has a clue of what will come next. Some revert to Christianity's founding while other spout Libertarianism and all in between or on the outside fringes. Trump is not the full answer, nor can he see past his past. Progressives likewise spout the past failures.
I see no one visible who can predict a better future or to describe a better way of living. Human nature lacks maturity to go with the material progress available. Profit is only a tool and never can be a goal !
It's not so much the zoning that's the problem, as the building codes, that raise the floor for the cheapest house you're legally permitted to build, above what the average person can afford. No more starter houses, the cheapest new house is a McMansion.
Local governments do this to raise their property tax revenues, as modest sized houses on the same lots don't yield as much revenue.
Somin would compensate for the lower rungs of the home ownership ladder being sawn off, by allowing for single family homes to be torn down and replaced with multi-family rental units.
But as I can testify, this results in horrible traffic congestion, and negative changes to the neighborhood due to the increased number of transients. And because of all the road improvements necessitated, and increased public services, the property tax revenue increase really doesn't improve things.
But the local government gets a bigger fiefdom to run, they're happy about it.
There are also the "affordable housing" requirements cities place in any development of any scale that squeeze out the middle as they're required to subsidize others.
Rat tat tat tat....
Help workers by creating jobs.
ICE is hiring!
The problem is that Somin does not accept the concept of an American People as an entity worth protecting and that can only accomplished with national borders.
Another disingenuous episode from Mr. Somin.
Labor mobility=UNLIMITED IMMIGRATION
Marxist code words for destroying America.
American was built on unlimited immigration. It's a basic American principle.
Typically, when I read the Volokh Conspiracy, I check the author’s name first. If it’s you, I usually skip to the next opinion piece. Unfortunately, I started reading your article without noticing that you wrote it. After a few paragraphs of your extremely naive argument, I realized my mistake and looked at the author. I wish I could have those minutes back.