The Criminality of Immigrants and How it is Affected by US Policy

• In Event: Crime, Politics and Insecurity

Abstract

The narrative of the criminal alien is back. It is driving US federal policy again, as it has before. This development is surprising in light of the academic research on the empirical connection between immigration and crime which has shown that crime/incarceration rates are generally much lower for foreign born people. In addition, changes in federal law and in the practice of federal immigration authorities, enforcement against those in the country who have been convicted of violations of criminal law have increased dramatically. In this paper, we review the substantial research literature on the connection between immigration and crime, using all available data sources. We then review assessments of US immigration policy and its effects on criminal justice at local, state and federal levels. Because immigration law is a federal matter and criminal justice is largely a state and local matter, data are not available for drawing nuanced inferences on the criminality of immigrants by documented/undocumented or by visa status. Therefore, the conclusion of the paper provides a series of ranges of possible policy effects, accounting for the uncertainty due to the lack of complete information on how selective deportation and re-entry are with regard to criminality.

Author

• Anne Piehl, Rutgers University