Tag: illegal immigrants

Police Clearance Rates Are Not Lower in States with Many Illegal Immigrants

Immigrant criminality and its impact on the United States is one of the most important issues in the public debate over immigration. In order to provide new insight into this topic, my coauthor Michelangelo Landgrave and I have attempted to estimate the illegal immigrant incarceration rate. I have also written a short paper on Texas criminal conviction rates by immigration status and crime based on data provided by the state of Texas. All three papers found that illegal immigrants were less likely to be convicted or incarcerated for crimes than native-born Americans.

My paper on illegal immigrant crime rates in Texas is based on data from the Texas Department of Public Safety (DPS) that I obtained through a Public Information Act request. The Texas DPS data separately show the number of convictions and arrests of illegal immigrants, legal immigrants, and native-born Americans for 44 and 46 different crimes, respectively, in the state of Texas by year from January 1, 2011, to November 15, 2017.

One of the persistent criticisms of my paper on Texas criminal conviction rates is that the DPS data do not record the number of illegal immigrants who commit crimes but are not convicted. Given data limitations, that is probably an impossible question to answer in a satisfactory way for immigrants and for natives.  However, I try to address this criticism in my Texas paper by showing that the gap between the arrest rates and conviction rates for illegal immigrants and the gap between the arrest rates and conviction rates for native-born Americans are similar, indicating that there are few illegal immigrants who are arrested for offenses who then disappear or are deported before their convictions relative to natives who are arrested and then not convicted.

A related criticism is that illegal immigrants flee Texas and then go back to their home countries after they commit crimes, which means that the Texas state conviction data would not count them. Thus, the criminal conviction rate for illegal immigrants is so low because they commit their crimes and flee – an option that few native-born American criminals possess. This argument makes a certain amount of sense in Texas as it shares a long border with Mexico, the source of a majority of illegal immigrants in Texas.

To answer that second criticism, we decided to investigate whether police clearance rates are correlated with the number of illegal immigrants on the state level. According to the FBI’s Uniform Crime Reporting (UCR) Program, law enforcement agencies can clear offenses by one of two means. The first is called “cleared by arrest” whereby a person must be arrested, charged with an offense, and turned over to a court for prosecution.  The second is called “cleared by exceptional means,” whereby the police must identify the offender, gather enough evidence for an arrest and to charge them with a crime, identify the offender’s exact location, and have encountered a circumstance out of law enforcement’s control that prevents an arrest. The death of the offender or the lack of an extradition treaty with the country harboring a suspected criminal are common causes of clearances by “exceptional means.” Mexico and the United States have an extradition treaty. An offense is cleared when the police have taken certain actions to solve the underlying crime short of a criminal conviction.

Landgrave ran many regressions between clearance rates (logged) and the proportion of the population of each state who were illegal immigrants (logged) with state-year and region-year fixed effects. The regressions control for demographic characteristics, the number of police officers for every 100,000 residents, education, and population density. He ran regressions for clearance rates by major crime and the entire crime index. All he found is that motor vehicle theft and burglary clearance rates are positively correlated with the proportion of the population who are illegal immigrants, but only at the 10 percent level for the state-year fixed effects (Table 1, click for larger version). There were no other statistically significant results.

Table 1: Correlation between State Police Clearance Rates and Illegal Immigrant Population

As a quick exercise to test this persistent criticism, these results reveal that there is no nationwide link between clearance rates and the proportion of the population who are illegal immigrants. The only exception is that police clear more motor vehicle and burglary offenses in states with more illegal immigrants as a proportion of their population, but only in one permutation and only at the 10 percent level. Although the theory that illegal immigrants commit crimes and then flee states seems plausible, we see no evidence of that in the aggregate clearance rates.

Peter Kirsanow’s Numerous Errors

Last Thursday, Tucker Carlson invited Peter Kirsanow onto his top-rated Fox News show Tucker Carlson Tonight to discuss illegal immigration and crime. They began the segment by playing a recent clip of me and Carlson arguing about data on illegal immigrant criminality in Texas. In that earlier segment, Carlson said we don’t have good data on illegal immigrant criminality and I said we do, specifically from the state of Texas. The data show that illegal immigrants have a lower murder conviction rate than native-born Americans. 

Kirsanow responded to my clip in a multi-minute near-monologue. Unfortunately, Kirsanow made many errors and misstatements. His comments on television parroted a piece that he wrote earlier this year in National Review. That piece made so many mathematical, definitional, and logical errors that I rebutted it in detail in Reason this February.

Since I was not invited on Thursday’s segment to debate Kirsanow while he criticized my points and presented his own, I’ve decided to respond here.  Below are Kirsanow’s quotes from his recent appearance on Tucker Carlson Tonight, followed by my rebuttal.

The White House’s Misleading & Error Ridden Narrative on Immigrants and Crime

President Trump recently held an event with some of the relatives of people killed by illegal immigrants in the United States. Afterward, the White House sent out a press release with some statistics to back up the President’s claims about the scale of illegal immigrant criminality.  The President’s claims are in quotes and my responses follow.

According to a 2011 government report, the arrests attached to the criminal alien population included an estimated 25,000 people for homicide.

Criminal aliens is defined as non-U.S. citizen foreigners, which includes legal immigrants who have not naturalized and illegal immigrants. The 25,064 homicide arrests he referred to occurred from August 1955 through April 2010 – a 55-year period.  During that time, there were about 934,000 homicides in the United States. As a side note, I had to estimate the number of homicides for 1955-1959 by working backward.  Assuming that those 25,064 arrested aliens actually were convicted of 25,064 homicides, then criminal aliens would have been responsible for 2.7 percent of all murders during that time period. During the same time, the average non-citizen resident population of the United States was about 4.6 percent per year. According to that simple back of the envelope calculation, non-citizen residents were underrepresented among murderers.

In Texas alone, within the last seven years, more than a quarter million criminal aliens have been arrested and charged with over 600,000 criminal offenses.  

We recently published a research brief examining the Texas data on criminal convictions and arrests by immigration status and crime. In 2015, Texas police made 815,689 arrests of native-born Americans, 37,776 arrests of illegal immigrants, and 20,323 arrests of legal immigrants. For every 100,000 people in each subgroup, there were 3,578 arrests of natives, 2,149 arrests of illegal immigrants, and 698 arrests of legal immigrants. The arrest rate for illegal immigrants was 40 percent below that of native-born Americans. The arrest rate for all immigrants and legal immigrants was 65 percent and 81 percent below that of native-born Americans, respectively. The homicide arrest rate for native-born Americans was about 5.4 per 100,000 natives, about 46 percent higher than the illegal immigrant homicide arrest rate of 3.7 per 100,000.  Related to this, the United States Citizenship and Immigration Services recently released data that showed the arrest rate for DACA recipients about 46 percent below that of the resident non-DACA population.

More important than arrests are convictions. Native-born Americans were convicted of 409,708 crimes, illegal immigrants were convicted of 15,803 crimes, and legal immigrants were convicted of 17,643 crimes in Texas in 2015. Thus, there were 1,797 criminal convictions of natives for every 100,000 natives, 899 criminal convictions of illegal immigrants for every 100,000 illegal immigrants, and 611 criminal convictions of legal immigrants for every 100,000 legal immigrants. As a percentage of their respective populations, there were 50 percent fewer criminal convictions of illegal immigrants than of native-born Americans in Texas in 2015. The criminal conviction rate for legal immigrants was about 85 percent below the native-born rate.

Figure 1: Criminal conviction rates by immigration status in Texas

Murder understandably garners the most attention. There were 785 total homicide convictions in Texas in 2015. Of those, native-born Americans were convicted of 709 homicides, illegal immigrants were convicted of 46 homicides, and legal immigrants were convicted of 30 homicides. The homicide conviction rate for native-born Americans was 3.1 per 100,000, 2.6 per 100,000 for illegal immigrants, and 1 per 100,000 for legal immigrants. In 2015, homicide conviction rates for illegal and legal immigrants were 16 percent and 67 percent below those of natives, respectively.

Figure 2: Homicide conviction rates by immigration status in Texas

Murderers should be punished severely no matter where they are from or what their immigration status is. There are murderers and criminals in any large population, including illegal immigrants. But we should not tolerate the peddling of misleading statistics without context. What matters is how dangerous these subpopulations are relative to each other so the government can allocate resources to prevent the greatest number of murders possible. Thus, enforcing immigration law more harshly is an ineffective way to punish a population that is less likely to murder or commit crimes than native-born Americans. Illegal immigrants, non-citizens, and legal immigrants are less likely to be incarcerated, convicted, or arrested for crimes than native-born Americans are. 

Another Confusing Federal Report on Immigrant Incarceration

The Departments of Justice and Homeland Security (DOJ/DHS) will be publishing a quarterly report on immigrant incarceration in federal prisons because of an Executive Order issued by President Trump last year.  The most recent report found that 20 percent of all inmates in federal prison are foreign-born and about 93 percent of them are likely illegal immigrants.  Since immigrants are only about 13.5 percent of the population and illegal immigrants are only about a quarter of all immigrants, many are misreading it and coming away with the impression that foreign-born people are more crime-prone than natives. 

That is simply not true.

This new DOJ/DHS report only includes those incarcerated in federal prisons, which is not a representative sample of all incarcerated persons in the United States.  Federal prisons include a higher percentage of foreign-born prisoners than state and local correctional facilities because violations of immigration and smuggling laws are federal offenses and violators of those laws are incarcerated in federal prisons.        

The report itself almost admits as much with this important disclaimer: 

This report does not include data on the 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—which account for approximately 90 percent of the total U.S. incarcerated population.

Criminal Conviction Rates in Texas in 2016

Cato published my recent Immigration Research and Policy Brief that relied on Texas state criminal data to compare the conviction rates of native-born Americans, legal immigrants, and illegal immigrants. That Texas state data was of such high quality that I was even able to compare conviction rates by the type of crime. The result was that in 2015 the criminal conviction and arrest rates for illegal immigrants were below that of native-born Americans for virtually all crimes including homicide, sexual assault, and larceny. This is just further evidence that illegal immigrants are less crime-prone than native-born Americans. I had to limit my Brief to focus on convictions only in 2015, although I also had the Texas conviction data for 2016, because there were no estimates of the illegal immigrant population statewide for the latter year. 

Since Cato published my brief in February, the estimable Center for Migration Studies published an update of the estimated number of illegal immigrants in Texas for 2016. The following graphs and numbers are the conviction rates for native-born Americans, legal immigrants, and illegal immigrants in the state of Texas in 2016. The conviction rate is the number of convictions per group (native, legal immigrants, and illegal immigrants) divided by the number of Texas residents in each group multiplied by 100,000. The final multiplication step produces the conviction rate per 100,000 residents in each subpopulation, which is how criminologists and the governments portray incarceration, crime, and conviction rates. This is the best way to portray relative crime rates as it controls the different size of the subpopulations.

The criminal conviction rate for native-born Americans in Texas was 2,116 per 100,000 natives in 2016 (Figure 1). The native-born criminal conviction rate was thus 2.4 times as high as the criminal conviction rate for illegal immigrants in that year and 7.2 times as high as that of legal immigrants. 

Trump Administration Expands Interior Immigration Enforcement

Today, the Department of Homeland Security (DHS) released a report detailing deportations (henceforth “removals”) conducted by Immigration and Customs Enforcement (ICE) during the fiscal year of 2017.  This post presents data on removals in historical context combined with information from Pew and the Center for Migration Studies

ICE deported 81,603 illegal immigrants from the interior of the United States in 2017, up from 65,332 in 2016.  Removals from the interior peaked during the Obama administration in 2011 at 237,941 (Figure 1).  ICE also removed large numbers of people apprehended at the border.  Since 2012, border removals have outnumbered those from the interior of the United States.

Figure 1

Interior and Border Removals by ICE, 2008-2017

 

Source: Immigration and Customs Enforcement.

The Obama administration removed 1,242,486 from the interior of the United States during its full eight years, averaging 155,311 removals per year.  Data from the earlier Bush administration are more speculative but they show more deportations under Obama than under Bush.    

FAIR’s “Fiscal Burden of Illegal Immigration” Study Is Fatally Flawed

The Federation for American Immigration Reform (FAIR) is devoted to reducing legal and illegal immigration. Its recent report, “The Fiscal Burden of Illegal Immigration on United States Taxpayers (2017)” by Matthew O’Brien, Spencer Raley, and Jack Martin, estimates that the net fiscal costs of illegal immigration to U.S. taxpayers is $116 billion. FAIR’s report reaches that conclusion by vastly overstating the costs of illegal immigration, undercounting the tax revenue they generate, inflating the number of illegal immigrants, counting millions of U.S. citizens as illegal immigrants, and by concocting a method of estimating the fiscal costs that is rejected by all economists who work on this subject. 

FAIR’s Errors

Merely using the correct numbers when it comes to the actual size of the illegal immigrant population, the correct tax rates, and the effect of immigrants on property values lowers the net fiscal cost by 87 percent to 97 percent, down to $15.6 billion or $3.3 billion, respectively.  Below is a list of FAIR’s errors and how the correct numbers affect the results:

  1. FAIR assumes that there are 12.5 million illegal immigrants, over a million more than other organizations estimate (FAIR is inconsistent here as the number of illegal immigrants they report on page 34 is 12.6 million).  Pew estimates there are 11.3 million illegal immigrants, the Center for Migration Studies (CMS) estimates that there are 11 million illegal immigrants, and the Center for Immigration Studies (CIS) estimates there are 11.43 million illegal immigrants.  FAIR’s estimate of the number of illegal immigrants is more than a million more than that of their sister organization, the Center for Immigration Studies, that also shares their goal of reducing immigration.  Using the average number of illegal immigrants as estimated by Pew, CMS, and CIS instead of FAIR’s number lowers their report’s estimated cost by $11.6 billion.

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