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Defending Immigrants Partnership

Helping Defenders Effectively Represent Noncitizens

New State-Level Research Debunks the Myth of Immigrant Criminality

Friday, July 18, 2008

  • By: Andrea Nill
  • Organization: American Immigration Law Foundation

PRESS RELEASE
July 18, 2008
This Week's Immigration OnPoint Highlights
New State-Level Research Debunks the Myth of Immigrant Criminality
Immigrant-Rich States Echo Same Story as National Trends
Immigration OnPoint: Facts at Your Fingertips for Frequently Asked Immigration Questions
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The persistent myth that immigrants are more prone to criminality than the native-born
continues to circulate among politicians, commentators, and the public despite a
century's worth of contrary evidence (see IPC's Immigrants and Crime: Are They
Connected? Recent data from New Jersey and California once again confirm what
researchers have found repeatedly over the past 100 years: immigrants are less likely
than the native-born to be in prison, and high rates of immigration are not associated
with higher rates of crime.

Nationally, Immigrants are Five Times Less Likely to be in Prison Than the Native-Born

* A 2007 study
by University of California, Irvine, sociologist Rubén G. Rumbaut found that the
3.5 percent incarceration rate for native-born men age 18-39 was five times higher
than the 0.7 percent rate for immigrant men in 2000.

* Among native-born male high-school dropouts, 9.8 percent were behind bars in 2000,
compared to only 1.3 percent of immigrant dropouts.
State-Level Research in New Jersey and California Finds Immigrants Less Likely to
be Behind Bars Than the Native-Born

* An analysis of data from the New Jersey Department of Corrections and U.S. Census
Bureau by New Jersey's Star-Ledger found that "U.S. citizens are twice as likely
to land in New Jersey's prisons as legal and illegal immigrants." According to
the Star-Ledger's analysis, "non-U.S. citizens make up 10 percent of the state's
overall population, but just 5 percent of the 22,623 inmates in prison as of July
2007" (Brian Donohue, "Citizens twice as likely to land in NJ prisons as legal,
illegal immigrants (The Star-Ledger, April 12, 2008).

* The Public Policy Institute of California (PPIC) reports that foreign-born adults
in California have lower incarceration rates than their native-born counterparts.
Based on data from 2005, PPIC finds that "the incarceration rate for foreign-born
adults is 297 per 100,000 in the population, compared to 813 per 100,000 for U.S.-born
adults. The foreign-born, who make up roughly 35% of California's adult population,
constitute 17% of the state prison population, a proportion that has remained fairly
constant since 1990" ("Immigrants and Crime"
Public Policy Institute of California, June 2008).
Immigration Violations, Not Violent Acts, Account for Federal Incarceration Rates

* Opponents of immigration are quick to point out that non-U.S. citizens are over-represented
in the federal prison system. However, the PPIC fact sheet points out that this is "due in part to the fact that immigration violations are
prosecuted under federal jurisdiction."

* Even if an immigrant is detained for a non-violent offense, such as not filing
a change-of-address form with U.S. Citizenship and Immigration Services (USCIS)
or over-staying a visa, he or she enters the federal prison system. Moreover,
refugees who do not file an application for adjustment of status (a "green card")
within one year of arriving in the United States can be detained until their green-card
applications are approved. As a result, many non-citizens are in federal prison
for violations of immigration law even if they have never committed a violent or
even a criminal offense.

* The vast majority of prisoners in the United States are not in federal prisons.
In 2005, the federal prison system contained only 8 percent of the nation's inmates.
The Myth of Immigrant Criminality Persists Among Both Policymakers and the Public

* The PPIC fact sheet
notes that, despite the weight of the evidence, a 2006 national poll found that
only 12 percent of adults correctly believed that immigrants were less likely than
natives to be involved in crime.

* Ramiro Martínez, Jr., Professor of Criminal Justice at Florida International University,
notes that "most scholars dispute assertions connecting surges in immigration to
escalating violence." Yet, "the contemporary immigration debate largely ignores
research...contradicting stereotypes that immigrants are crime-prone" ("The Impact
of Immigration Policy on Criminological Research,"
Criminology and Public Policy, vol. 7, issue 1, February 2008, pp. 53-58).

* Anne Morrison Piehl, a Professor of Economics at Rutgers University who researches
immigration and crime, told the Star-Ledger
"I first got into this because I heard all these terrible complaints that immigrants
were a big part of the crime problem." But she soon discovered that "when you look
at incarceration rates, you find immigrants much less likely than the native born
to be incarcerated."

Immigrant Experience Sheds Light on Less Crime-Prone Reality

* According to Piehl, because of the high levels of motivation and sacrifice that
immigration requires, immigrants may be a "self selected" group of people who are
less likely to become involved in crime, and may be especially motivated to not
break the law once they get here so as not to risk deportation.

* As Kristin Butcher, an Associate Professor of Economics at Wellesley College,
told The Sacramento Bee, "If you are coming to support your family, you don't want
to get sent back for some graffiti violations" (Susan Ferriss, "Prison rates far
lower for immigrants, study finds [The Sacramento Bee, February 26, 2008).


Contact: Andrea Nill
202-507-7520
anill@ailf.org

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