Tag: illegal immigrant

The Murder of Mollie Tibbetts and Illegal Immigrant Crime: The Facts

Yesterday, authorities in Iowa charged 24-year old Cristhian Bahena Rivera with the murder of Mollie Tibbetts. Facts in these types of cases come out slowly and some details, substantive or minor, may change in the months ahead that could alter the correct view of this case. But nothing can change the fact that the murder of Tibbetts was a brutal and unforgivable act and that the murderer should be punished to the full extent of the law. Rivera is charged with that murder and there is a lot of evidence to support a conviction.    

This terrible murder is already feeding into a political firestorm. People with a political axe to grind, those who want to distract from the recent conviction of Paul Manafort and plea deal for Michael Cohen, and partisans who want to compare Tibbetts’ murder to the shooting of Kate Steinle in an effort to impact the upcoming November elections are already using the tragic murder of Tibbetts as an argument for increasing the enforcement of immigration laws against people who aren’t charged with murder or any real crime except violating international labor market regulations (immigration laws). They want to convict all illegal immigrants of this murder in the court of public opinion, not just the actual murderer.    

Scarce law enforcement resources should be devoted to solving and deterring the most serious crimes regardless of who commits them.  That is the best policy for saving American lives. That means that increased enforcement of our immigration laws is not a good way to prevent murders.  Illegal immigrants are less likely to be incarcerated for crimes in the United States than native-born AmericansTexas is the only state that keeps data on the number of convictions of illegal immigrants for specific crimes (I sent versions of Public Interest Requests to every state). In Texas in 2015, the rate of convictions per 100,000 illegal immigrants was 16 percent lower below that of native-born Americans. That is little consolation to the victims and their families, but the population of illegal immigrants is less likely to be convicted of murder than native-born Americans in Texas. If nationwide incarceration rates by immigration status are any clue, that trend likely holds nationwide. 

I recently received new data from Texas on the number of convictions by crime and immigration status as well as the number of individuals convicted (they are slightly different). This Texas data is the best data that we have on the commission of murder by immigrants by specific legal status.  In 2016, 746 native-born Texans, 32 illegal immigrants, and 28 legal immigrants were convicted of homicide. In that year, the homicide conviction rate for native-born Americans is Texas was 3.2 per 100,000 natives while it was 1.8 per 100,000 illegal immigrants and 0.9 per 100,000 legal immigrants (Figure 1). The illegal immigrant conviction rate for homicide was 44 percent below that of native-born Americans in 2016 in Texas. 

Figure 1: Homicide conviction rates in Texas

The Fatal Flaw in John R. Lott Jr.’s Study on Illegal Immigrant Crime in Arizona

Economist John R. Lott Jr. of the Crime Prevention Research Center released a working paper in which he purports to find that illegal immigrants in Arizona from 1985 through 2017 have a far higher prison admissions rate than U.S. citizens. Media from Fox News to the Washington Times and the Arizona Republic have reported on Lott’s claims while Attorney General Jeff Sessions and Representative Paul Gosar (R-AZ) have echoed them from their positions of authority. However, Lott made a small but fatal error that undermines his finding. 

Lott wrote his paper based on a dataset he obtained from the Arizona Department of Corrections (ADC) that lists all admitted prisoners in the state of Arizona from 1985 to 2017. According to Lott, the data allowed him to identify “whether they [the prisoners] are illegal or legal residents.” This is where Lott made his small error: The dataset does not allow him or anybody else to identify illegal immigrants.[i] 

The variable that Lott focused on is “CITIZEN.” That variable is broken down into seven categories. Lott erroneously assumed that the third category, called “non-US citizen and deportable,” only counted illegal immigrants. That is not true, non-US citizen and deportable immigrants are not all illegal immigrants. A significant proportion of non-U.S. citizens who are deported every year are legal immigrants who violate the terms of their visas in one way or the other, frequently by committing crimes. According to the American Immigration Council, about 10 percent of people deported annually are Lawful Permanent Residents or green card holders—and that doesn’t include the non-immigrants on other visas who were lawfully present in the United States and then deported. I will write more about this below. 

Lott mistakenly chose a variable that combines an unknown number of legal immigrants with an unknown number of illegal immigrants. Lott correctly observed that “[l]umping together documented and undocumented immigrants (and often naturalized citizens) may mean combining very different groups of people.” Unfortunately, the variable he chose also lumped together legal immigrants and illegal immigrants.

New Report on Illegal Immigrant Criminality Reveals Little & Admits Its Own Shortcomings

The Department of Homeland Security (DHS) and the Department of Justice (DOJ) today released a report that found that about 94 percent of foreign-born inmates in Federal prisons are illegal immigrants.  That is not surprising, as illegal immigrants convicted of an immigration offense are incarcerated in federal prison and account 7.3 percent of all inmates.  Likewise, drug traffickers who cross international borders are also in federal prison and account 46.3 percent of all prisoners.  Thus, illegal immigrants are overrepresented in federal prison because the federal government enforces immigration laws and many drug trafficking laws but only a small fraction of all those incarcerated for all crimes committed in the U.S. are in federal prisons. 

The authors of this DHS/DOJ report do deserve credit for highlighting its shortcomings.  On the first page, it states:

This report does not include data on the foreign-born or alien populations in state prisons and local jails because state and local facilities do not routinely provide DHS or DOJ with comprehensive information about their inmates and detainees.  This limitation is noteworthy because state and local facilities account for approximately 90 percent of the total U.S. incarcerated population.

The federal prison population is not representative of incarcerated populations on the state and local level, so excluding them from the report means that it sheds little light on nationwide incarcerations by nativity, legal status, or type of crime.  On the last point, it is shocking how unrepresentative federal prison is regarding the types of crimes its inmates are convicted of. In 2016, 67,742 people were sentenced to federal prison.  Almost 30 percent of them were for immigration offenses.  Those immigration convictions comprised 100 percent of the convictions for immigration crimes in the United States in 2016.  By contrast, there were only 85 federal convictions for murder out of a nationwide total of 17,785 murder convictions that year, comprising less than 0.5 percent of all murders.

Arizona Republic Leads the Way on Immigration

In a gutsy display for a newspaper, the Arizona Republic in a front-page editorial yesterday castigated the state’s top politicians for a failure of leadership on immigration.

Prompting the editorial was the passage of Arizona’s tough new law making it a crime to be an illegal immigrant in the state. Under the banner headline, “STOP FAILING ARIZONA; START FIXING IMMIGRATION,” the state’s major newspaper fired with both barrels:

We need leaders.
The federal government is abdicating its duty on the border.
Arizona politicians are pandering to public fear.
The result is a state law that intimidates Latinos while doing nothing to curb illegal immigration.
This represents years of failure. Years of politicians taking the easy way and allowing the debate to descend into chaos.
The Arizona Republic has been calling for comprehensive immigration reform continuously since 2002. For a brief time, our congressional delegation led the nation on
this front. But no more.
Now, it seems our elected officials prefer to serve political expediency instead.

The editorial then named ten prominent political leaders from the state, Republicans and Democrats alike, who have either failed to champion real reform for fear of a political backlash, or who have stoked the backlash with inflammatory rhetoric.

2002 was also the year that the Cato Institute made the case for comprehensive immigration reform with my study, “Willing Workers: Fixing the Problem of Illegal Mexican Migration to the United States.” The study argued that enforcement alone will not solve the problem. Immigration law itself must be changed to accommodate the legitimate labor-force needs of a growing U.S. economy.

The Republic editorial put the argument succinctly:

Reform must create a legal pipeline for future workers that is demand-based and temporary. With a legal framework in place, there will be no reason to be in this country without permission. Foreigners who break our laws will be prosecuted, punished and deported.

Comprehensive reform will make the border safer. When migrant labor is channeled through the legal ports of entry, the Border Patrol can focus on catching drug smugglers and other criminals instead of chasing busboys across the desert.

Real leaders will have the courage to say that.

One real newspaper has shown them how.

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