Homicide is a serious problem that requires effective policy responses based on accurate information. Unfortunately, prominent politicians are once again propagating the erroneous notion that immigrants disproportionately contribute to crime, especially murder.
An Immigration and Customs Enforcement Service response to a request from a Texas congressman informed – or misinformed – many of the latest claims about a connection between immigration and violent crime. A specific card statistic has been in the headlines: ICE counted 13,099 cases of “non-detained” immigrants convicted of homicide.
The implication that some seized on was that thousands of murderous immigrants roam the streets of the United States and that the Biden administration is to blame. Former President Trump linked the figure to Vice President Kamala Harris on social media, writing: “It was just revealed that 13,000 convicted murderers entered our country during Kamala's three and a half year term as Border Czar.”
None of which is true. “Not detained” simply describes people who are not currently in ICE custody; It does not mean that they are free and able to do what they want.
Most of these convicted murderers are likely serving their sentences in jails and prisons, with deportation awaiting them when they are released. Furthermore, these cases accumulated over multiple presidential administrations: dating at least Reagan – not just in the last four years.
ICE may not know when a person is in state prison. Additionally, people included in the agency's non-detainee file may have had pending immigration cases for years, for example, because they were ordered deported to a country that does not cooperate with the United States. Or they may have never come into contact with ICE because Border Patrol officials released them before learning of a prior conviction.
Why would ICE ever release a noncitizen with a prior conviction as serious as homicide? The answer is in the 2001 Supreme Court rulingg that immigrants subject to deportation orders cannot be detained indefinitely by US officials. This becomes relevant if an immigrant's country of origin does not cooperate with the United States.
So, if an immigrant who is in the country illegally was sentenced to prison for murder in 1980, completed the sentence in 2000, and then was ordered deported to a country that does not cooperate with the United States, that person must be released pending his deportation.
The problem, then, is not that countless non-citizen killers lurk in the shadows across the United States thanks to the negligence of the Biden administration. It's the long-standing lack of coordination between ICE and a variety of other agencies and entities, from county sheriffs to foreign governments. It is also the false use of ICE data to generate fear among immigrants.
In reality, research shows that immigration does not significantly contribute to crime. As recent Cato Institute Report As highlighted, immigrants consistently commit fewer crimes than their native counterparts. Cato's study, which focused on Texas, concluded: “The conviction and arrest rates of illegal and legal immigrants…were lower than those of native-born Americans for homicide and all crimes.”
Linking migration to murder not only creates an inaccurate impression of immigrants; It also wrongly suggests that violent crime is out of control more generally. In fact, violent crimes have remained at historical lows of the last two decadesaccording to the US Bureau of Justice Statistics.
Homicides increased dramatically in 2020 and 2021, but have steadily decreased since then. Murder remains a relatively rare occurrence in this country: In a given year, between 15,000 and 20,000 homicides are committed in the United States, or about 1 for every 19,000 Americans. About three-quarters of U.S. counties typically don't experience murders in a year, and in the remaining counties, most see one or two.
We should absolutely do more to reduce violent crime and murder. We also need immigration reform that takes into account our history as a nation of immigrants, as well as the need to maintain management of our borders. But these two problems are not really related to each other.
And if we are concerned about premature deaths, perhaps our focus should be broader. The risk of suicide is approximately double that of homicide. Between 30,000 and 40,000 Americans die each year in vehicle collisions. More than 50,000 people died from flu-related causes during the 2017-18 flu season. And nearly a million died from COVID-19 during the first two years of the pandemic.
Policymakers who want to keep Americans safe and healthy face a multifaceted challenge. A good starting point would be credible facts and accurate representations of them.
Daniel P. Mears is a professor of criminology and criminal justice at Florida State University. Bryan Holmes is an assistant professor of criminology and criminal justice at Florida State University.