Opponents of immigration often lament the fact that the US used to attract high quality immigrants from places like Europe, but now is supposedly being overwhelmed with immigrants from “backward” countries. A recent NBER paper by Ran Abramitzky, Leah Platt Boustan, Elisa Jácome, Santiago Pérez, and Juan David Torres suggests that the golden age of immigration is to be found in the present, not the past.
Contrary to this anti-immigrant rhetoric, we document that, as a group, immigrant men have had a lower incarceration rate than US-born men for the last 150 years of American history. We combine newly assembled full-count Census data (1870–1940) with Census/ACS samples (1950–2020) to construct the first nationally representative series of incarceration rates for immigrants and the US-born between 1870 and the present day. From 1870 to 1950, immigrants’ incarceration rate was only slightly lower than that of US-born men. However, starting in 1960, immigrants have become significantly less likely to be incarcerated than the US-born, even though as a group immigrants now are relatively younger, more likely to be non-white, have lower incomes, and are less educated – characteristics often associated with involvement in the criminal justice system. Today, immigrants are 60% less likely to be incarcerated than all US-born men, and 30% less likely to be incarcerated relative to white US-born men. The similar incarceration rates between immigrants and the US-born in the past and the lower incarceration rates of immigrants today are broadly consistent with prior studies documenting immigrant-US-born incarceration gaps for specific states and time periods (Moehling and Piehl 2009, 2014; Butcher and Piehl 1998b, 2007).
When I have pointed to the lower crime rate of immigrants, people have often responded that their crime rate needed to be compared to that of white native born Americans. That always struck me as odd, as these were often the very same people who opposed “identity politics” and insisted that people should be judged based on their merits, not on the color of their skin. If one insists that immigrants be compared only to white Americans, doesn’t that implicitly suggests that non-white residents of the US are not true Americans?
In any case, it’s now pretty clear that even native born whites are more likely to engage in criminal behavior than immigrants. There may be good arguments against more immigration, but it is increasingly clear that the following 5 arguments have been discredited:
1. The US is in danger of overpopulation. (The US fertility rate (births/woman) is down to 1.7, and still declining.)
2. Immigrants cause higher unemployment. (The unemployment rate is determined by monetary policy, and regulations such as minimum wage laws.)
3. Immigrants cause more crime. (Immigration makes us safer, as immigrants cause crime to rise by less than total population.
4. Immigrants lower wages for the unskilled. (The wages of low income workers have recently been rising faster than the wages of higher income workers.)
5. Immigration will favor one political party. (Immigrants are rapidly adopting the political views of native born Americans.)
And I haven’t even included the long discredited claim that immigrants won’t learn English, which was a popular idea in the 1990s.
READER COMMENTS
Jon Murphy
Dec 28 2024 at 7:22am
Interesting. The decrease in incarceration rates correlates with relative opening of US immigration barriers through the Hart-Celler Act, in particular to Latin America, Africa, and Asia.
Steven Kopits
Dec 30 2024 at 12:26am
The Hart Celler Act is the principal cause of illegal immigration across the Southwest border.
Dylan
Dec 28 2024 at 8:09am
I’m pretty much a Caplan level open borders guy, but I don’t think this piece will do much for immigration skeptics. First, I don’t know if crime level is the main focus on immigration skeptics when they are talking about “backward” countries, I get he idea that they are more worried about cultural fit. Second, every comment I’ve seen on crime focuses on absolute crime level and not per capita rates, they view any crime by an illegal immigrant as a crime that shouldn’t have happened. I’m pretty sure that most skeptics would be against immigration even if every single immigrant who came here was 100% law abiding. Then we would hear about how immigrants drive too slow and won’t even cross the street against the light in the middle of the night…come to think of it, that sounds a lot like Seattle. Darn those Scandinavian immigrants changing our culture!
Jon Murphy
Dec 28 2024 at 8:43am
Crime is a major concern, although it is often a game of whack-a-mole. Data won’t convince them because they’re not interested in data. They’re just go from justification to justification, ignoring the fact their justifications are contradictory. Finally, we’ll either circle back to the original objection or they’ll define immigration as per se illegal (eg Abbot’s “invasion” comments).
Mark Barbieri
Dec 28 2024 at 11:17am
When confronted with the claim “I’m not anti-immigrant. I’m just anti illegal immigrant.” I like to respond with “I’m with you on that. We need to let these people in legally to fix that problem.” That never convinces anybody, but I think it does a good job of forcing them to admit that they are anti-immigrant or, more often, anti-immigration for “those kind of people.”
Jon Murphy
Dec 29 2024 at 11:29am
Yup. That’s one of my favorite comments, too. It is amazing how quickly the conversation goes from anti illegal immigration to anti immigration
Scott Sumner
Dec 29 2024 at 11:53am
I’ve seen various allegations that famous people like Melania Trump and Elon Musk violated the terms of their work visas when they first arrived in the US. To be clear, I do NOT know if those accusations are correct. But even if they were, I suspect that most people who are sticklers for the rule of law would not favor deporting violators of visa rules that later became highly successful Americans. People may say it’s about the rule of law, and to some extent it is, but it’s mainly about opposition to a certain type of illegal immigrant.
MarkW
Dec 29 2024 at 6:30am
I’m pretty much a Caplan level open borders guy, but I don’t think this piece will do much for immigration skeptics.
No, probably not. Immigration skeptics tend to have quite a strong immunity against their views being affected by either evidence or rational argument.
Mactoul
Dec 29 2024 at 10:12am
Caplan writes of right to work for a willing employer or right to rent from a willing landlord. But I never understood how these rights are grounded in and what moral or legal theory backs these supposed rights.
And how come nobody before Caplan discovered these rights?
Indeed, even after many years Caplan has been writing about these rights, no other writer I have seen has mentioned these rights.
Jon Murphy
Dec 29 2024 at 10:43am
Really? Who have you been reading? Caplan’s argument is fairly standard. Indeed, even Adam Smith makes a version of it in the Wealth of Nations.
Noko
Dec 29 2024 at 9:57pm
Look up Michael Huemer on Youtube “The Case for Open Borders”. He’s a philosophy prof and from what I gather a close friend of Caplan. He’s an ethical intuitionist that identifies a prima facie right for a person to hire a willing immigrant and for the immigrant to work for a willing employer. He goes through the usual rebuttals for that prima facie right and explains why he finds them lacking.
Mactoul
Dec 31 2024 at 7:53am
Huemer has ethical intuitions about meat-eating. I am afraid I find these sorts of intuitions entirely inadequate.
Caplan wants sanctity of private property while entirely disregarding the national territory within which his property is embedded in.
The nation secures his property, his title to the property and the system of inheritance by the legal system, the armed might, the police force etc etc. No individual could do that.
Alan Goldhammer
Dec 28 2024 at 8:36am
In our area almost all the construction, painting, and yard work is done by Latinos. This is not the high skilled work that the DOGE brothers talk about but is necessary. These people work very hard and pay taxes. I don’t know what the population numbers of this segment are (don’t know if FRED can tell me) but these kinds of jobs will never be replaced by AI but high tech jobs just might.
Scott Sumner
Dec 28 2024 at 11:18am
“these kinds of jobs will never be replaced”
Never say never.
MarkW
Dec 29 2024 at 6:34am
It would probably be safer to say, “These jobs will be among the last to be replaced by AI and robots”. Manual jobs, involving multiple tasks requiring hand-eye coordination, performed in varying environments are the least suited for automation. All manner of ‘desk jockeys’ like most of us are considerably more vulnerable than roofers or hotel maids.
Scott Sumner
Dec 29 2024 at 11:54am
Yes, I agree with that.
Mark Barbieri
Dec 28 2024 at 11:20am
I live in Texas and Spanish is the lingua franca of the home construction industry. I’m so used to it that when I went to visit relatives in Michigan and heard people in home construction listening to English music and talking in English, I had a hard time shaking the feeling that this crew wasn’t a bunch of amateurs working during their off time.
steve
Dec 29 2024 at 8:25pm
The Texas Tribune has been tracking the use of illegal immigrants in the Texas construction industry for years. They know that about 50% of the workers are illegal immigrants. The government, ie guys like Abbott know that number. If they really wanted to get rid of illegals they would just raid construction sites. Instead they do kabuki theater at the border and make a big show out of putting people on buses. IOW, the want their construction work done, done well and done cheaply but they also want the votes of the anti-immigrants that make up their base.
Steve
Scott H.
Dec 30 2024 at 12:46pm
So, when Abbott bused those immigrants to other States and municipalities were all those whining and complaining Democrat mayors also just doing kabuki theater when they tried to stop the buses?
Craig
Dec 28 2024 at 12:37pm
Incarcerated individuals extremely frequently have some underlying substance abuse disorder. That’s because government has chosen to criminalize this behavior. Same for immigrants. Legalize/decriminalize and the prisons would be -70/-80% ….
Kevin
Jan 7 2025 at 12:47pm
This didn’t seem to work for Oregon. Arrests/incarceration might have decreased, but the resulting increase in disorder on the streets ultimately led to the overturning of drug decriminalization there.
JoeF
Dec 28 2024 at 1:31pm
The link to the paper doesn’t work. The link is https://www.nber.org/papers/w31440
Mactoul
Dec 28 2024 at 8:49pm
I wonder if Europeans would agree with they are enjoying the golden age, what with rapes, vehicular homicides and general mayhem in previously tranquil areas.
MarkW
Dec 29 2024 at 7:29am
I suspect that the data may be different for Europe — it seems much harder for immigrants to find work in EU countries than the US, European unemployment rates are higher, and they’re starting from a lower baseline level of violent crime than in the US. In the US, it’s easier to admit an immigrant cohort whose propensities for violent crime is no higher than that of native Americans. So we have that going for us …
Jon Murphy
Dec 29 2024 at 8:07am
This is an important point. One should never forget the impact of institutions on outcomes. In the EU, it is far harder for people (both natives and immigrants) to find jobs. That, in turn, naturally leads to a lot of crimes of desperation.
As broken as the US system is, it is relatively easier than Europe for people to find meaningful work. I argue that’s part of the reason why immigrants commit fewer crimes here than other places.
Joana
Dec 29 2024 at 2:49pm
It’s largely a statistical artifact due to Europe’s jus sanguinis and more restrictive nationalization laws.
Second-generation immigrants typically have higher crime rates than first-generation immigrants.
I bet this is also true for the US – that the children of immigrants have higher crime rates than their parents and other natives- except, of course, they count as native population, not immigrants.
Mactoul
Dec 30 2024 at 12:21am
For socialists there are no criminals only the poor. It is natural for them to slander the poor so. But what desperation drives a well-paid psychiatrist to commit vehicular homicide in a Christmas fair?
Scott Sumner
Dec 29 2024 at 11:58am
I recently read that Sweden was having a wave of gun violence, with 52 homicides in 2023 committed with guns.
. . . In a country of 10 million people
Yes, Europe is having problems with certain types of immigrants, but let’s not exaggerate the issue.
Mactoul
Dec 30 2024 at 12:23am
Add knifings, reported to run a couple of dozens daily in Germany.
TMC
Dec 30 2024 at 4:02pm
BBC: “About 58% of men convicted in Sweden of rape and attempted rape over the past five years were born abroad, according to data from Swedish national TV.”
Mactoul
Dec 28 2024 at 9:08pm
Assuming we are not including women in immigrants, which is explicit at one place but not in other places, the question raises why it should be so.
Perhaps only legal immigrants are being counted?
Legal immigrants tend to be more educated and highly selected. I would certainly believe that H1b as a group are less criminal than native Americans.
But as I made the point in a previous post, this selection effect depends upon selection. Loosen the selection and the effect should go away.
Craig
Dec 29 2024 at 9:53am
Immigrants facing incarceration are often clever enough to self deport. There are lower grade felonies states won’t bother extradicting you from other states.
Andrew_FL
Dec 29 2024 at 10:45am
These statistics reflect the current restrictive regime, they cannot be extrapolated to a world of open borders. The current restrictive regime selects against criminal behavior of legal immigrants, effectively biasing your sample.
Jon Murphy
Dec 29 2024 at 10:48am
See my first comment above as to why this reasoning is insufficient.
Scott Sumner
Dec 29 2024 at 12:00pm
“These statistics reflect the current restrictive regime, they cannot be extrapolated to a world of open borders”
I actually agree with this, and I don’t believe that open borders is politically feasible at the moment, even if in some sense it would boost global welfare (which is plausible, but far from certain.)
superdestroyer
Dec 30 2024 at 8:02am
Arguing that Americans are too lazy for menial labor, too stupid for high tech work, look twisted to get married, and two selfish to have children is never a good look in politics. Why can’t all of the people who want to live in a U.S. version of Lagos or Mexico City or Mumbai just move to those places instead of importing those places to the U.S.?
Stéphane Couvreur
Dec 29 2024 at 1:56pm
It seems we’ve got the causality backwards: it’s not because immigrants cause (pick your problem) that some people are anti-immigration. Rather, when the share of foreign-born reaches a certain threshold (15%?), some people don’t like it and then convince themselves that immigrants cause (said problem) to rationalize their preferences.
BC
Dec 29 2024 at 5:59pm
“That always struck me as odd, as these were often the very same people who opposed ‘identity politics’ and insisted that people should be judged based on their merits, not on the color of their skin.”
Ha. Even more odd is the nationalists’ opposition to birthright citizenship, the idea that people born in this country should have more rights to citizenship than foreigners do. I thought the whole point of nationalism was to preference people born in this country over foreigners….
Mactoul
Dec 30 2024 at 12:18am
Superior virtues of immigrants relative to the native Americans remind me of the Bertold Brecht’s The Solution. It seems that the natives have lost the confidence of the elite who now seek to dissolve the people and elect another, a more hardworking, less criminal population.
superdestroyer
Dec 30 2024 at 8:00am
Considering that about 20% of the felons in California state prisons were born in Mexico, it is hard to argue that immigrants do not cause crime to go up. However, adding large number of immigrants who come from low trust countries and who will not call law enforcement is a method of make crime look lower while the crime rate remains high. Remember, California is the state that decided that property crimes were not really crimes and basically stopped enforcing those laws.
TMC
Dec 30 2024 at 4:15pm
Some people are against all immigration, but the majority of complaints are about illegal immigration. Conflating the two is one of the reasons it’s difficult to take the open border types seriously. Legal immigrants (my parents, my friends Mexican wife, etc.) are self selected for wanting to better themselves. Illegal immigrants are selected for breaking the law. Increase legal immigration would be my preference. Weeding out those Venezuela releases from their jails and sends to us would also be.
Brian
Dec 31 2024 at 12:16pm
Uh… is this paper comparing ALL immigrant incarceration rate to the incarceration rate of US-born men? If that is the case, that would be comparing apples to oranges, no? Why wouldn’t you compare the incarceration rate of all immigrants to all US-born natives – both male and female?
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