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The Difference Between Noncitizens and Immigrants
A noncitizen is an individual who is not a US citizen. This could include categories such as undocumented immigrants whose presence is without legal authorization, tourists, or temporary workers.
An immigrant is an individual who has come to the US intending to live here permanently.
Definition of Criminal Noncitizens
The United States Customs and Border Protection (CBP) defines a criminal noncitizen as all “individuals who have been convicted of one or more crimes, whether in the United States or abroad, prior to interdiction by the U.S. Border Patrol.”
As far as immigration is concerned, it seems that the two major political parties are on opposite sides of the political spectrum when it comes to immigration policies.
The proponents of immigration restriction argue that alien criminality is much higher than citizen criminality, resulting in skyrocketing criminal activity when immigration is encouraged. Their detractors argue precisely the opposite. Both sides quote statistics to support their arguments.
This article will discuss the facts and statistics surrounding criminal noncitizens.
Crime Statistics for Noncitizens: Are There any Issues?
The collation of accurate data around crime statistics regarding noncitizens is more challenging than anticipated.
According to the Proceedings of the National Academy of Sciences (PNAS), accurate national data regarding crime and undocumented immigrants is hard to come by, as many states don’t record or refuse to reveal inmate immigration statuses.
As reported by Light et al., case processing information for all arrests recorded in Texas between 2012 and 2018, including immigration status, was obtained for the study titled “Comparing crime rates between undocumented immigrants, legal immigrants, and native-born US citizens in Texas.”
The authors make some conclusions regarding immigrant criminality based on the data obtained from the Texas Department of Homeland Security and the Texas Department of Public Safety. It may not be feasible to extrapolate their conclusions to the rest of the country, but at least the conclusions drawn about Texas are substantiated.
Crime Rates: Undocumented Immigrants vs. Citizens
When comparing legal immigrants against native-born citizens across a range of felony offenses, undocumented immigrants have substantially lower crime rates than native-born citizens.
As a result of their research, Light et al. make the following key findings:
- In terms of violent, property, drug, and traffic arrest rates, undocumented immigrants have the lowest arrest rates, followed by documented immigrants and then native-born citizens.
- US-born citizens are more than 2.5 times more likely to be arrested for drug crimes, 2 times more for violent crimes, and over 4 times more likely for property crimes.
- No evidence was found that undocumented immigrants were more heavily involved in property or drug offenses in Texas.
- When comparing homicide and assault rates, including domestic violence, robbery, sexual assault, burglary, theft, and arson, undocumented immigrants had the lowest crime rates across all categories.
- Undocumented immigrants were fifty percent as likely to be arrested for sexual assault, homicide, and felonious assault.
In their research, the CATO Institute used Texas figures as well, and reached the following conclusions:
- According to 2018 statistics, native-born Americans committed 1, 422 criminal convictions per 100,000, undocumented immigrants committed 782, and documented immigrants committed 535.
- There was a 45 percent higher conviction rate for native-born Americans than for noncitizens in Texas.
- In general, native-born Americans have the highest criminal conviction rate for all crimes, including violent crimes, property crimes, homicides, and sex crimes, followed by undocumented immigrants and, lastly, documented immigrants.
It is important to note that there is no correlation between higher crime rates and increased immigration numbers in the United States of America, which should inform further political debate within the government.
What are the legal challenges faced by noncitizens with criminal records?
Noncitizens with criminal history can face a host of legal challenges, which can severely impact their immigration status and future prospects in the U.S. Convictions can often trigger deportation proceedings, which can impact those with green cards. It might result in restrictions or denial of certain immigration benefits, i.e., naturalization or asylum.
Your criminal background can make it harder to re-enter the U.S., especially after deportation. There are only a few limited legal avenues, and they often require expert navigation of complex immigration laws.
How Does Immigration Affect the Criminal Justice System?
As with any other group of individuals, immigrants can be both victims and perpetrators who commit crimes, just like any other group. Aside from the complex nature of immigration and the criminal justice system, immigration can also have specific negative consequences, including the following:
- The criminal justice system can be challenging to navigate for immigrants who are not proficient in English. A lack of communication resulting from a language barrier can result in misunderstandings, mistrust, and even wrongful convictions.
- It may be difficult for immigrants with undocumented status or precarious legal status to report crimes or cooperate with law enforcement due to their fear of deportation. This makes investigating and prosecuting crimes more difficult.
- Different cultures may view criminal offenses differently or have varying punishments for the same crime, leading to clashes with the justice system.
- When there are a large number of immigration prosecutions, the immigration justice system can become backlogged, resulting in excessive processing times. In addition, local jails can become crowded with incarcerated immigrants awaiting their hearings.
What Are the Reasons for Increased Crime Along the U.S.-Mexican Border?
There are several reasons for the increase in crime along the US-Mexican border. These include the following:
- The border is rife with drug trafficking and human trafficking, as well as the violence and intimidation they use.
- The border region is a hotbed of gang activity, from extortion to protection rackets to drug and human trafficking.
- Border officials often engage in corrupt activities by taking advantage of people’s desperation and the opportunities to work with drug cartels to evade the law.
What Is the Average US Violent Crime Rate?
According to the Pew Research Center, 2021 saw 16.5 violent crimes for every 1,000 Americans ages 12 and older.
Some takeaways from the study were:
- There has been no recent increase in the average violent crime rate.
- Based on FBI records, the violent crime rate in 2021 did not increase.
- A significant increase in murder rates was recorded between 2019 and 2020 during the pandemic.
How Can an Immigration Law Firm Help?
If you are facing deportation over allegations by the federal government of being a criminal noncitizen, it would be a good idea for you to see an experienced immigration law firm.
Whether you’re in deportation proceedings or considering immigration pathways for your situation, our highly experienced and empathic attorneys can represent you in any deportation proceedings.
We also offer a full range of immigration services and would love to assist you in reaching your American Dream. Give us a call today for a free consultation.
