A common reaction to the case for open borders is: that’s well and good, but immigration controls were established for good reason. Every country has them after all. Sure, the practical benefits of open borders look good, and there are plenty of ethical reasons why we shouldn’t close the door on foreigners. But why did our ancestors choose to do so then? Wouldn’t it be unwise to tear down the walls they erected without first ensuring their rationales don’t still apply today?

This kind of political reasoning is sometimes labeled Burkean conservatism. Edmund Burke, an Irishman who migrated to England, is often regarded as the founder of modern Western conservatism. Contrary to what the conservative label may suggest, he was no opponent of change; in criticising the French Revolution, he wrote: “A state without the means of some change is without the means of its conservation.” Burke merely preferred a bias in the political process against change: you shouldn’t change things without a really really good reason. I don’t think of myself as a political conservative, but this seems like a fairly reasonable principle.

A metaphor often used to illustrate this principle is Chesterton’s fence, attributed to the English writer G.K. Chesterton:

There exists in such a case a certain institution or law; let us say, for the sake of simplicity, a fence or gate erected across a road. The more modern type of reformer goes gaily up to it and says, “I don’t see the use of this; let us clear it away.” To which the more intelligent type of reformer will do well to answer: “If you don’t see the use of it, I certainly won’t let you clear it away. Go away and think. Then, when you can come back and tell me that you do see the use of it, I may allow you to destroy it.” This paradox rests on the most elementary common sense. The gate or fence did not grow there. It was not set up by somnambulists who built it in their sleep. It is highly improbable that it was put there by escaped lunatics who were for some reason loose in the street. Some person had some reason for thinking it would be a good thing for somebody. And until we know what the reason was, we really cannot judge whether the reason was reasonable.

So before we tear down the walls our governments have erected, we should ask why these walls went up in the first place. This is not a question that is new to us, mind you; we first discussed it on this blog two years ago. The answer to Chesterton’s question depends, of course, on which country you’re a citizen of.

In my case, as a citizen of Malaysia and Southeast Asia, we have no tradition of walling up and sealing our borders. Our borders themselves were drawn in part because Napoleon invaded the Netherlands, not because of any organic movement towards fixed borders on our part. The original reason our governments established border controls was because our former colonial masters had set these up. It seemed like just one of those things you do once you’re an independent country.

So, where did the idea of border controls and deportations for our colonial masters come from? Well, in the case of Malaysia’s former colonial power, the United Kingdom, the first notable instance of the mass deportation and collective punishment of migrants was when King Edward I expelled all Jews from England. A few were allowed to return for visits on temporary visas, but between 1290 and 1657, all Jews residing in England were actually illegal immigrants. So at least in the case of the UK, border controls were originally rooted in racial and religious bigotry, not any sound policy reason.

This is not unusual. The United States, that nation of immigrants, first began to regulate immigration with the Page Act of 1875, a law whose primary objective was to exclude Chinese immigrants. It was followed by the Chinese Exclusion Act of 1882, which doesn’t really need any explanation. Many founding principles of US immigration law were established by the Chinese Exclusion Case — again, the name needs no explanation. The case still stands as good law today, even though scholars dismiss the actual reasoning therein as racist and unsound. Later expansions of US immigration controls explicitly aimed to exclude southern and eastern Europeans, especially those of Jewish descent.

The US is not alone in this regard. You can trace a similar history for almost every Anglo-Saxon “nation of immigrants”. Australia’s first immigration law was intentionally drafted to exclude Asian and African-American immigrants:

In 1901, 98% of people in Australia were white. Australia wanted to remain a country of white people who lived by British customs. Trade unions were keen to prevent labour competition from Chinese and Pacific Islander migrants who they feared would undercut wages. One of the first pieces of legislation passed in the new Federal Parliament was the Immigration Restriction Act. Now known as the infamous White Australia Policy it made it very difficult for Asians and Pacific Islanders to migrate to Australia… The Immigration Restriction Act enabled the government to exclude any person who ‘when asked to do so by an officer fails to write out at dictation and sign in the presence of the officer, a passage of 50 words in length in a European language directed by the officer’. The Dictation Test could be administered to any migrant during the first year of residence. It was initially proposed that the Test would be in English, but it was argued that this could discourage European migration and advantage Japanese people, and Americans of African descent. Instead, any ‘European language’ was specified.

This law establishing the “White Australia” policy was one of the very first passed by the Australian federal Parliament, and laid down some of the founding principles of Australian constitutional law. Looking across the Tasman Sea, here is how the New Zealand government describes the roots of its immigration controls:

Over the years, laws and regulations have been used to restrict or prevent the entry of ‘undesirable’ individuals or groups. Making New Zealand British and keeping the country white were the goals of immigration policy until the early 1970s. People from Britain have been actively recruited, while people perceived as ‘different’ have been kept out. Strong imperial sentiments in the colonial period, and views about race through the 19th and much of the 20th centuries largely explain the purpose of New Zealand’s immigration restrictions.

Fellow Commonwealth country Canada on the other hand founded its immigration laws on the principle of promoting open immigration and safeguarding the passage of migrants. Score one for Canadian niceness?

Well, less than twenty years afterwards, the Canadian government, horrified by how many Chinese people were moving to Canada, furiously backpedaled. New laws enshrined state-sponsored discrimination against and exclusion of Chinese immigrants: these were the first major federal controls on immigration in Canada. Here’s how one Canadian newspaper characterises the history of Canadian immigration controls:

Troper points to a series of notorious examples of past discrimination in Canada’s immigration policy: the infamous Chinese head tax; the exclusion of black Oklahoman farmers from coming to Canada in 1910; the refusal in May 1914 of most of the 375 Indians aboard the Komagata Maru after landing in Vancouver, where the ship spent two months before it was ordered back to India; the exclusion of Jewish immigrants from the 1920s until after the Second World War. These and other examples of discrimination paint a picture of a country — not unlike others around the world at the time — that was xenophobic and saw itself as an “Anglo-British outpost of British civility,” Troper says. According to the Canadian Council for Refugees, specific measures taken by immigration officials included: an amendment to the Opium and Narcotic Drug Act to deport “domiciled aliens” with drug-related convictions (directed against the Chinese) in 1922; the prohibition of all Chinese immigrants in 1923; refusal of the ship the St. Louis, carrying 930 Jewish refugees, to land in 1939, forcing it to return to Europe — ultimately sentencing three-quarters of its passengers to death under the Nazi regime.