Immigration and Crime

Does Immigration Cause Crime? Separating Facts From Fiction

We’ve all seen public debates about immigration policy, which often center on safety concerns. News anchors and government officials often discuss the relationship between immigration and criminal law, but their arguments are sometimes full of misinformation. Let’s take a more nuanced look at immigration and how it affects criminal activity in the United States.

What Research Shows About Immigration and Crime

According to the American Immigration Council, research has consistently revealed that immigration does not directly increase crime rates. Many studies have shown that areas with higher immigrant populations do not experience higher crime rates compared to areas with fewer immigrants.

In fact, the evidence shows that immigrants, including those without legal status, commit crimes at lower rates than native-born citizens. This finding holds true across different types of crimes, from violent offenses to property crimes. Cities and states with larger immigrant populations often have crime rates that are the same as or lower than the national average.

Why Immigration Gets Linked to Crime in Public Discourse

Despite research findings, immigration and criminal law remain connected in many public discussions. This unfortunate association stems from several things, including:

  • Media Coverage—News outlets sometimes give disproportionate attention to crimes committed by immigrants, creating the impression that such incidents are more common than they actually are.

  • Confirmation Bias—This psychological factor leads people to notice and remember information that supports their existing beliefs while dismissing evidence that might contradict them. When someone already believes immigrants are dangerous, they’re more likely to recall news stories about immigration and criminal records.

  • Fear and Uncertainty—Fears about economic and social changes can lead to distrust. Communities already dealing with economic challenges might seek explanations for their problems, sometimes seeing family-based immigrants as the cause.

Are Immigrants Who Commit Crimes Deported?

Under today’s immigration laws, many non-citizens can be deported for relatively minor criminal convictions. Even legal permanent residents might face deportation for crimes that would usually result in minimal criminal penalties. Because of this, immigrants have strong incentives to avoid any contact with the criminal justice system, and most of them steer clear of wrongdoing.

It’s important to add that this constant fear of deportation tends to prevent immigrants from reporting crimes they witness or experience. They often fear that speaking with law enforcement will inadvertently lead to immigration. While immigrants should face consequences of criminal charges like any US citizen, the threat of deportation for minor offenses sometimes does more harm than good. Even the most upstanding individuals here on an employment visa might feel stress about deportation.

How to Evaluate Claims About Immigration and Criminal Law

The discussion about immigration and crime is nuanced. While most people agree that anyone who commits crimes should face consequences, the public perception that immigrants are more likely to have criminal records is overblown, if not completely false. When you see a news story about immigration and crime, keep the following in mind as you evaluate the claims you’re reading:

  • Information Source—Who is this information coming from? Be sure you’re getting statistics from credible research institutions or peer-reviewed studies. The most reliable studies control for variables like age, education, income, and geographic location, since these factors influence crime rates regardless of immigration status.

  • Definitions—Pay attention to how terms are defined. Claims about “immigrant crime” should specify whether they’re discussing all immigrants, undocumented immigrants, recent immigrants, or specific immigrant populations. Broad generalizations can quickly become misleading.

  • Time Periods—What time period is the article or study looking at? Crime rates change over time for a plethora of reasons, and research covering longer periods tends to provide more reliable insights.

  • Sample Size—Be cautious about extrapolating from individual cases or small samples. Isolated incidents, regardless of how serious or well-publicized, don’t necessarily represent broader patterns.

  • Law Enforcement Practices—Sometimes, differences in law enforcement practices change how crime is reported. Areas with different policing strategies, prosecution policies, or community relations may have crime patterns reflective of these practices rather than the actual crime rates.  

Questions About Immigration? Talk to Us

Many immigrants feel the effects of the strong association between immigration and crime in the United States. In addition to not reporting crime, the constant stress of deportation can wreak havoc on their mental health. If you have questions about immigration, especially in light of today’s public perceptions, Hurtubise Weber Law LLP can help. Contact us to schedule a consultation and explore your immigration options in San Francisco and San Jose, CA.

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Immigration 101