By Ariel G. Ruiz Soto

Immigrants in the United States commit crimes at lower rates than the U.S.-born population, notwithstanding the assertion by critics that immigration is linked to higher rates of criminal activity. This reality of reduced criminality, which holds across immigrant groups including unauthorized immigrants, has been demonstrated through research as well as findings for the one state in the United States—Texas—that tracks criminal arrests and convictions by immigration status. A growing volume of research demonstrates that not only do immigrants commit fewer crimes, but they also do not raise crime rates in the U.S. communities where they settle. In fact, some studies indicate that immigration can lower criminal activity, especially violent crime, in places with inclusive policies and social environments where immigrant populations are well established. 

Washington, DC: Migration Policy Institute, 2024. 7p.

By Ariel G. Ruiz Soto

Immigrants in the United States commit crimes at lower rates than the U.S.-born population, notwithstanding the assertion by critics that immigration is linked to higher rates of criminal activity. This reality of reduced criminality, which holds across immigrant groups including unauthorized immigrants, has been demonstrated through research as well as findings for the one state in the United States—Texas—that tracks criminal arrests and convictions by immigration status. A growing volume of research demonstrates that not only do immigrants commit fewer crimes, but they also do not raise crime rates in the U.S. communities where they settle. In fact, some studies indicate that immigration can lower criminal activity, especially violent crime, in places with inclusive policies and social environments where immigrant populations are well established. A Look at the Overall Immigrant Population National studies have examined incarceration rates and prosecutions of immigrants in the country, overwhelmingly finding that immigrants of all legal statuses commit crimes at lower rates than those who were born in the United States. Immigrants Are Prosecuted and Imprisoned at Lower Rates than the U.S. Born Immigrants in the United States have had lower incarceration rates than the native-born population since at least 1870 (when such data were first recorded). In 2020, immigrants were 60 percent less likely to be incarcerated than the U.S. born, according to a study by the National Bureau of Economic Research. And though a 2021 Justice Department study points out prosecutions of immigrants increased between 1990 and 2018, nearly 90 percent were for violations of immigration-related laws. Notably, U.S. born citizens were ten times more likely than immigrants to be incarcerated for committing weapons- related offenses, five times more likely for violent offenses, more than twice as likely for property crimes, and nearly twice as likely for drug offenses.  At the state level, multiple studies have found there is no clear relationship between violent crime and immigration. And research at the city level suggests that increases in immigration can be associated with declining homicide rates, with the largest effect on municipalities with long histories of immigration, as well as reductions in property crimes and robbery. This makes immigrants  less likely to be either offenders or victims of crime at the local level compared to the U.S.-born population

Washington, DC: Immigration Policy Institute, 2024. 5p.   

By Jane Shim, and Alison Leal Parker

  Drug laws are being reformed across the United States to move away from the harsh punitive approaches of the war on drugs, but federal immigration law continues to treat drug offenses, including decades-old offenses, as grounds for deportation of immigrants. Those harmed, authorized and unauthorized immigrants alike, often have deep connections to the country, where they have formed families, attained education, and built their lives. “Disrupt and Vilify” analyzes new federal government data from 2002 to 2020, finding the US has deported 500,000 people whose most serious offense was drug-related. Of these, 240,000 were deported between 2013 and 2020, amounting to about one of every five deportations of immigrants with a criminal conviction for that period. A conviction for even minor drug offenses—for example, drug possession (including marijuana)—can carry devastating immigration consequences that far outstrip the criminal sentence imposed. Some would not be criminal offenses if committed today or involve conduct that is now legal under state law. There are significant racial disparities in the imposition of immigration penalties. One out of five noncitizens facing deportation on criminal grounds is Black. Human Rights Watch and the Drug Policy Alliance call on the US Congress to reform federal law to ensure that immigrants with criminal convictions, including drug offenses, are not subject to “one-size-fits-all” deportations. Instead, immigration judges should have the discretion to make individualized decisions. Congress should impose a statute of limitations on deportations for past offenses. Drug policy reforms should prioritize evidence-based policies rooted in public health and human rights to address the root causes of the overdose crisis and problematic drug use, and not continue the vilification of immigrants.  

 New York: Human Rights Watch, 2024. 97p.