Immigration and Crime

Recent Features

Special Report
The Criminalization of Immigration in the United States

For more than a century, innumerable studies have confirmed two simple yet powerful truths about the relationship between immigration and crime: immigrants are less likely to commit serious crimes or be behind bars than the native-born, and high rates of immigration are associated with lower rates of violent crime and property crime.

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  • Blog

Sorry Trump, Immigration is Still Associated with Less Crime and Safer Communities

The presidential candidate's attempt to correlate immigration and crime is simply not supported by the facts or 100 years of data.

All Immigration and Crime Content

  • Fact Sheet

Debunking the Myth of Immigrants and Crime

Publication Date: 
October 17, 2024
Using Uniform Crime Reporting data from the Federal Bureau of Investigation (FBI) and population data from the U. S. Census Bureau, the Council created a report on the relationship between immigrants...
  • Fact Sheet

Aggravated Felonies: An Overview

Publication Date: 
March 16, 2021
This fact sheet provides an overview of “aggravated felonies” under federal immigration law and the immigration consequences of being convicted of an “aggravated felony.”
  • Special Report

The Criminalization of Immigration in the United States

Publication Date: 
July 13, 2015
For more than a century, innumerable studies have confirmed two simple yet powerful truths about the relationship between immigration and crime: immigrants are less likely to commit serious crimes or...
  • Fact Sheet

Chicken Little in the Voting Booth: The Non-Existent Problem of Non-Citizen Voter Fraud

Publication Date: 
July 13, 2012
A wave of restrictive voting laws is sweeping the nation. The Brennan Center for Justice at New York...
  • Fact Sheet

Arizona’s Punishment Doesn’t Fit the Crime: Studies Show Decrease in Arizona Crime Rates

Publication Date: 
June 22, 2010
Updated 06/22/10 Supporters of Arizona’s harsh new immigration law claim that it is, in part, a crime-fighting measure. For instance, the bill’s author, Republican State Senator Russell...
  • Fact Sheet

New FBI Data Confirms Falling Crime Rates in Arizona

Publication Date: 
June 17, 2010
Violent Crimes Are Down in the State’s Three Largest Cities Many supporters of Arizona’s harsh new anti-immigrant law,...
  • Special Report

The Myth of Immigrant Criminality and the Paradox of Assimilation

Publication Date: 
February 21, 2007

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  • Advocacy

Comment on DHS Proposed Rule to Drastically Expand the Definition and Collection of Biometrics

October 13, 2020
The American Immigration Council, the Immigration Defense Clinic at Colorado Law, and the American Immigration Lawyers Association, submitted a comment in opposition to the Department of Homeland Security proposed rule on the "Collection and Use of Biometrics by U.S. Citizenship and Immigration Services."
  • Legal Resources and Litigation

Statement for the House Judiciary Subcommittee on Immigration and Border Security on "The Effect of Sanctuary City Policies on the Ability to Combat the Opioid Epidemic"

February 15, 2018
The statement includes our report, The Criminalization of Immigration in the United States, which details empirical data demonstrating that immigration is not linked to higher crime rates.
  • Legal Resources and Litigation

Statement for the House Judiciary Committee, Subcommittee on Immigration and Border Security on "The Real Victims of a Reckless and Lawless Immigration Policy: Families and Survivors speak out on the Real Cost of this Administration's Policies"

April 19, 2016
The statement shares empirical data which shows that immigration is associated with lower crime rates and immigrants are less likely than the native-born to be serious criminals.
  • Legal Resources and Litigation

Statement for the House Oversight and Government Reform Committee on "Criminal Aliens Released by the Department of Homeland Security"

April 18, 2016
Our empirical research shows that there is abundant evidence that immigration is not linked to higher crime rates and that immigration is associated with lower crime rates and immigrants are less likely than the native-born to be serious criminals.
  • Advocacy

Comments on U.S. Immigration and Customs Enforcement Draft Detainer Policy

Recommendations that DHS promulgate new regulations that ensure more effective oversight over the issuance of detainers and better protection for those subject to detainers.

  • Advocacy

Response to DHS's request for comments in connection with a review of existing regulations (submitted April 13, 2011)

Reducing Regulatory Burden; Retrospective Review Under Executive Order 13563, 76 Fed. Reg. 13526 (Mar. 14, 2011)
  • Practice Advisories

Common Tools of Statutory Construction for Criminal Removal Grounds

Publication Date: 
November 28, 2023
This practice advisory describes some of the common tools of statutory construction to assist practitioners in advocating for narrow definitions of generic criminal removal grounds...
  • Practice Advisories

Practice Alert: Overview of the Supreme Court's Decision in Pugin v. Garland

Publication Date: 
August 22, 2023
This practice advisory looks into the decision by the U.S. Supreme Court issued in Pugin v. Garland, 143 S. Ct. 1833 (2023). This immigration decision addressed the generic definition of the obstruction of justice aggravated felony ground at 8 U.S.C. § 1101(a)(43)(S).
  • Blog

Immigrants Do Not Commit More Crimes in the US, Despite Fearmongering

October 17, 2024

Written by Yared Avalos Iniguez, Communications Intern and Hannah Boyke, Research Intern Across the globe, immigrants are increasingly being blamed for committing crimes, with right-wing groups...

  • Blog

Supreme Court Refuses to Narrow Criminal Grounds of Removability

July 5, 2023

In a split decision issued on June 22, the Supreme Court ruled against two noncitizens seeking to overturn agency findings that their state criminal convictions qualified as “aggravated felonies...

  • Blog

Fact Check: Migrants Aren’t the Ones Smuggling Fentanyl Into the United States

September 7, 2022

There is no doubt that fentanyl is a major problem inside the United States. Over the last decade, rising availability of fentanyl has caused a spike in overdose deaths across the nation. In 2021...

  • Blog

California Law Would Prevent Transfers From Local Law Enforcement to ICE Custody

September 9, 2021

Proposed legislation in California that would further limit the state’s involvement in immigration detention has made progress toward becoming law. The VISION Act would prevent transfers to U.S....

  • Blog

The Supreme Court Limits the Crimes That Can Lead to Near-Automatic Deportation

June 14, 2021

The Supreme Court issued a decision last Thursday in a criminal case that will have an immediate impact on immigration law. The new decision set a limit on the types of crime that can be...

  • Blog

Cities with ‘Sanctuary’ Policies Save Lives from Domestic Violence

June 5, 2020

Many communities across the U.S. have adopted so-called “sanctuary policies” that are intended to ensure that we all live in safe neighborhoods. When these policies are in place, local police don’...

  • Blog

Supreme Court Safeguards Federal Court Review of Torture Protections

June 4, 2020

The U.S. Supreme Court found on Monday that federal courts have the authority to review certain claims from people who are seeking protection from torture. The case, Nasrallah v. Barr, is about...

  • Blog

Immigrant Survivors of Domestic Violence Face Unique Risks During Coronavirus

April 14, 2020

The spread of the coronavirus has led state and local governments to issue “stay at home orders” to limit contact outside of the household. But these mandates have caused unexpected consequences...

  • Blog

What Are the Proposed New Bars to Asylum?

January 8, 2020

In yet another move to gut asylum protections in the United States, the Trump administration proposed a rule last month that would add severe new restrictions on asylum access. The restrictions...

  • Blog

The Number of People in ICE Detention with Criminal Records Continues to Drop

December 11, 2019
As U.S. Immigration and Customs Enforcement (ICE) has expanded immigration capacity across the country in recent years, the number of people held in its facilities with actual criminal records...
  • Press Release

Practical, Comprehensive Immigration Solutions Promote Public Safety

July 21, 2015

Washington D.C.

  • Press Release

Understanding ICE’s Release of Immigrants with Criminal Convictions

May 15, 2014

Washington D.C. - Understanding the complexities of immigration law and its intersection with criminal law is not easy.

  • Press Release

U.S. Border Enforcement Prioritizes Non-Violent Migrants Over Dangerous Criminals

May 20, 2010

Washington D.C. - The Mexican President's visit to the United States allowed both he and President Obama to address the important issues of immigration, border con

  • Blog

Immigrants Do Not Commit More Crimes in the US, Despite Fearmongering

October 17, 2024

Written by Yared Avalos Iniguez, Communications Intern and Hannah Boyke, Research Intern Across the globe, immigrants are increasingly being blamed for committing crimes, with right-wing groups...

  • Fact Sheet

Debunking the Myth of Immigrants and Crime

Publication Date: 
October 17, 2024
Using Uniform Crime Reporting data from the Federal Bureau of Investigation (FBI) and population data from the U. S. Census Bureau, the Council created a report on the relationship between immigrants...
  • Practice Advisories

Common Tools of Statutory Construction for Criminal Removal Grounds

Publication Date: 
November 28, 2023
This practice advisory describes some of the common tools of statutory construction to assist practitioners in advocating for narrow definitions of generic criminal removal grounds...
  • Practice Advisories

Practice Alert: Overview of the Supreme Court's Decision in Pugin v. Garland

Publication Date: 
August 22, 2023
This practice advisory looks into the decision by the U.S. Supreme Court issued in Pugin v. Garland, 143 S. Ct. 1833 (2023). This immigration decision addressed the generic definition of the obstruction of justice aggravated felony ground at 8 U.S.C. § 1101(a)(43)(S).
  • Blog

Supreme Court Refuses to Narrow Criminal Grounds of Removability

July 5, 2023

In a split decision issued on June 22, the Supreme Court ruled against two noncitizens seeking to overturn agency findings that their state criminal convictions qualified as “aggravated felonies...

  • Blog

Fact Check: Migrants Aren’t the Ones Smuggling Fentanyl Into the United States

September 7, 2022

There is no doubt that fentanyl is a major problem inside the United States. Over the last decade, rising availability of fentanyl has caused a spike in overdose deaths across the nation. In 2021...

  • Blog

California Law Would Prevent Transfers From Local Law Enforcement to ICE Custody

September 9, 2021

Proposed legislation in California that would further limit the state’s involvement in immigration detention has made progress toward becoming law. The VISION Act would prevent transfers to U.S....

  • Blog

The Supreme Court Limits the Crimes That Can Lead to Near-Automatic Deportation

June 14, 2021

The Supreme Court issued a decision last Thursday in a criminal case that will have an immediate impact on immigration law. The new decision set a limit on the types of crime that can be...

  • Fact Sheet

Aggravated Felonies: An Overview

Publication Date: 
March 16, 2021
This fact sheet provides an overview of “aggravated felonies” under federal immigration law and the immigration consequences of being convicted of an “aggravated felony.”
  • Comments

Comment on CBP Proposed Rule To Drastically Expand the Use of Facial Recognition Technology

Publication Date: 
December 21, 2020
The Proposed Rule would drastically expand the use of unproven facial recognition technology at ports of entry throughout the United States.

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