Dystopian Migration Policy in Japan Revisited: How to Stop Migrants from Going Illegal to Escape Economic Restrictions?

This week saw a renewed fear of illegal immigration in Japan when more than 700 registered students from the Tokyo University of Social Welfare simply disappeared.  Presumably, the students, from poor countries throughout Asia, thought that becoming illegal workers to earn more money would be a better way to use their time in Japan than wasting time and money listening to lectures in school.  Opinion pieces in Japanese media justifiably sound the alarm.  Many attacked the halfhearted attempt by the Abe administration to bring in more "foreign technical staff," arguing that such measures would only lead to Japan becoming a land of illegal immigrants.

The logic of these pieces is quite sound.  The main thrust of the argument is that semi- and unskilled workers Japan import are legally restricted to certain industries and employers, with no freedom to change jobs for better pay.  Given that these migrant workers incurred enormous costs and efforts to come to Japan for higher salaries in the first place, they have an inherent desire to find whatever jobs in whatever industries that allow them to make money.  That desire for money runs directly against the tight visa regime set by the Japanese government, under which no low-skilled migrant can freely change professions.

The "I told you so" moment of Japanese writers on the Tokyo University of Social Welfare points to a grave issue about the Japanese government's strategy to gradually open up migration.  It is thought that if migrants are brought in are restricted in their legal and economic right, the public will be more tolerant of their presence.  Indeed, even I concur with the government on this general philosophy, writing in a previous post that the government can even further restrict the rights of the migrants to gain public support for greater immigration.

But as the disappearance of the 700 students shows, squeezing migrants desperate for money will not lead to them simply falling in line.  Instead, they will find creative and bold ways to evade the law in order to make more money.  As more and more migrant become illegal in the process, the primary objective of limiting their legal rights in the first place, the hope of drumming up more public support for migration, is not achieved.  Instead, the policy backfires, instead, leading to more anti-migrant sentiments at the general public fears an influx of illegal migrants in Japan.

An alternative solution is needed, based on disincentivizing migrants from going illegal in the first place.  Today, migrants have an incentive to go illegal because there are plenty of employers desperate enough for cheap foreign laborers that they are willing to risk breaking the law.  Clearly, it is difficult for these desperate employers to secure needed foreign laborers the legal way.  The smart government move would be to keep track of employers have are in need of labor and prioritize granting work visas to laborers that they want to bring in from abroad.  But making it cheap and easy for their bringing foreign laborers into the country, their incentive for hiring illegal immigrants within Japan is greatly reduced.

At the same time, better policing for illegal migrants should be put in place.  Employers that are currently hiring illegal migrants should not only not be punished but rewarded for turning in illegal migrants that they hired.  As rewards, they should not only receive monetary compensation for lost productivity but also expedited official support and subsidies for hiring from abroad.  Illegal migrants caught should face harsher punishments, including confiscation of their illegal earnings, deportation, and ban from reentry into Japan.  Such moves should make migrants think twice about becoming an illegal laborer.

Of course, combined with the "stick" against the migrants should be a "carrot" that help them voice their concerns legally.  Stronger institutions should be put in place to support the real career needs of the migrants.  Such a government agency should be responsible to help coordinate the financial demands of the migrants and suitable openings on the job market.  Without allowing all migrants to freely choose what job to work, such an agency can at least fulfill some demands of migrants to move to better-paying jobs, while minimizing public outrage about migrants "stealing jobs" from the Japanese.

In Japan, too often foreigners are seen as more prone to crime.  So when foreigners actually do commit crimes, like becoming illegal migrants, there is an instinct to tighten up against the future entry of more migrants.  While it is perfectly justifiable for migrants in Japan to want higher paying jobs, having them do so through illegal means will only make life worse for all foreigners in the country.  To strike a balance between protecting the law and helping migrants make more money, laws that both as "carrot" and "stick" should be put in place to disincentivize working and hiring illegally.  

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