Tag: legal immigrants

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.