Crime

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.

Guide to the Diversity Visa: Demographics, Criminality, and Terrorism Risk

The alleged attacker in Tuesday’s Halloween terrorist attack in New York City that murdered eight people and injured 12 was Sayfullo Habibullaevic Saipov, an immigrant from Uzbekistan.  Saipov entered the United States in 2010 on a green card he won through the Diversity Immigrant Visa Program (also known as the diversity visa or green card lottery).  Many commenters on the attack, including President Trump, have partially blamed the diversity visa for this terrorist attack.  This post will explain some of the basics of the diversity visa, the countries-of-origin for those who enter on it, their incarceration rates, and terrorism risks.

The Diversity Visa

Congress created the diversity visa as part of the Immigration Act of 1990, in order to provide lawful immigration opportunities for Irish immigrants who were fleeing an economic crisis in their home country.  Then-Congressman Chuck Schumer (D-NY) was important in pushing for the idea to be included in the bi-partisan 1990 Immigration Act, which Congress passed by huge majorities and President George H.W. Bush signed. 

Make “Enhanced” Vetting Great Again

Last week, President Trump issued a new executive order (EO) that restarts the refugee system with new “enhanced” vetting procedures.  The new procedures will subject the follow-on family members of refugees to about the same level of vetting as the original refugee sponsors who have already been settled in the United States.  This extension of the current refugee vetting system will cover about 2,500 additional follow-on refugees per year.  The EO also forward-deploys specially trained Fraud Detection and National Security officers at refugee processing locations to help identify potential fraud, national security, and public safety issues earlier in the screening process.  Additional actions of the EO are enhanced questions to identify fraud and other inadmissible characteristics as well as upgrades to databases to detect potential fraud or changes in refugee information at different interview stages.  The EO also directs the Secretary of the Department of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, to review and reform refugee vetting procedures on an annual basis. 

The EO justifies these new measures by stating that, “It is the policy of the United States to protect its people from terrorist attacks and other public-safety threats … Those procedures enhance our ability to detect foreign nationals who might commit, aid, or support acts of terrorism, or otherwise pose a threat to the national security or public safety of the United States, and they bolster our efforts to prevent such individuals from entering the country.”  

All in all, these new vetting procedures are modest additions to the already intensive refugee screening that occurs.  If these new enhanced screening procedures are supposed to be the “extreme vetting” that President Trump proposed then they show just how extreme and secure the refugee program already was.  Furthermore, they are unnecessary.

Terrorists by Refugee-Restricted Countries

The EO also places additional scrutiny on refugees from Egypt, Iran, Iraq, Libya, Mali, North Korea, Somalia, South Sudan, Sudan, Syria, and Yemen.  Those eleven nations represent supposed security threats identified on the Security Advisory Opinion (SAO) – a government list of nations established in the 1990s whose nationals are supposed to be more closely scrutinized for particular national security threats.  The government has updated and expanded the SAO criteria as well as the nations on the list multiple times since 9/11.    

The government may have an excellent rationale for designating nationals from these eleven countries as serious threats that require more refugee vetting but those reasons and the evidence supporting them are not available for the public to examine.  Publicly available information points to a small refugee threat from refugees from these nations that does not justify additional screening.  Since 1975, zero Americans have been murdered on U.S. soil in a terror attack committed by refugees from any of the eleven countries.    

There Is No Evidence of an Illegal Immigrant Crime Wave: Why the “Elusive Crime Wave Data Shows Frightening Toll of Illegal Immigrant Criminals” Is Flawed

The House of Representatives recently passed the No Sanctuary for Criminals Act (H.R. 3003) and Kate’s Law (H.R. 3004) to tighten immigration enforcement in response to the fear that illegal immigrants are especially likely to commit violent or property crimes.  Both laws stem from the tragic 2015 murder of Kate Steinle by an illegal immigrant named Juan Francisco Lopez-Sanchez after he had been deported multiple times. 

Debates on the House floor over both bills veered into the social science of immigrant criminality.  The majority of research finds that immigrants are less likely to be incarcerated than natives and that increases in their population in local areas are correlated with lower crime rates – even for illegal immigrants.

Despite that wealth of empirical evidence, a two-year-old Fox News piece entitled “Elusive Crime Wave Data Shows Frightening Toll of Illegal Immigrant Criminals” by investigative reporter Malia Zimmerman was offered as evidence of illegal immigrant criminality.  Ms. Zimmerman’s piece makes many factual errors that have misinformed the public debate over Kate’s Law and the No Sanctuary for Criminals Act.  Below, I quote from Ms. Zimmerman’s piece and then respond by describing her errors and what the actual facts are.

Cities Notice Decline in Latino Crime Reporting Post-Trump

Sir Robert Peel

Effective policing requires that crime witnesses and victims contact the police and that citizens trust law enforcement. Without such trust and communication crimes go unsolved, criminals run free, and victims live in fear. Sadly, it looks as if the Trump administration’s immigration rhetoric could have prompted a chilling effect on Latino crime reporting. 

The father of modern policing, the British statesman Sir Robert Peel, understood how important public approval of the police is in order for police officers to effectively do their jobs. Peel founded London’s Metropolitan Police Force in 1829. The force issued new officers with copies of “General Instructions,” which included the “Peelian Principles” of effective policing.* The second Peelian principle urges officers

To recognise always that the power of the police to fulfil their functions and duties is dependent on public approval of their existence, actions and behaviour and on their ability to secure and maintain public respect. 

Although written for officers in London, the Peelian Principles migrated to the states, where now former New York Police Department Commissioner William J. Bratton featured them on his blog and they continue to be favorably cited by law enforcement and public safety officials.

The Age and Sex of Criminal Immigrants

In our recent brief on immigrant crime, we focused on the 18 to 54 age range when looking at the incarcerated and non-incarcerated populations. This was necessary because the American Community Survey data for weighted responses does not distinguish between the type of group quarters – which are prisons, universities and colleges, mental health facilities, nursing homes, and others.

Trump’s Executive Orders on Crime

Yesterday, President Trump’s pick for Attorney General, Jeff Sessions, was sworn into his office. Trump used the occasion to sign three executive orders relating to crime.  In this post, I want to briefly scrutinize these orders and explain what impact they may have on our criminal justice system.

One order calls for the creation of a task force on crime reduction.  The new Attorney General will appoint people to the task force and they will meet and discuss ideas and make recommendations for Trump. A second order is titled “Preventing Violence Against Federal, State, Tribal, and Local Law Enforcement Officers.” This order is also about exploring new ideas and strategies to “enhance the protection and safety” of law enforcement officers.  The third order concerns enforcing federal law against transnational criminal organizations that employ violence and derive revenue “through widespread illegal conduct.”  Working groups will be established to discuss ideas and make recommendations to Attorney General Sessions and President Trump.

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