Morning commuter traffic waits to cross into the United States from Tijuana, Mexico, in March. South of San Diego, the San Ysidro Port of Entry is the largest land crossing between the two countries and the most transited in the Western Hemisphere. Some 70,000 vehicles and 20,000 pedestrians pass through there daily. Border and immigration issues have become dominant themes in the 2024 presidential election. (Photo by John Moore/Getty Images)
Among the most persistent political talking points raised by opponents of immigration is that migrants bring crime with them into the U.S.
“When Mexico sends its people, they’re not sending their best,” former President Donald Trump famously said on the campaign trail in 2016.
Amendment 1: ‘Proactive’ or ploy to stir up anti-immigrant vote?
“Has anybody ever seen the movie ‘Gangs of New York’?” Republican vice presidential nominee J.D. Vance asked during a meeting with the Milwaukee Police Association in August. “We know that when you have these massive ethnic enclaves forming in our country, it can sometimes lead to higher crime rates.”
In reality, the opposite is true. Immigrants are far less likely than U.S.-born citizens to commit crimes, numerous studies show. One study of incarceration rates going back over 150 years — between 1870 and 2020 — found that U.S.-born citizens were consistently more likely to end up in prison than immigrants. And the gap between the two groups has only increased in recent years, with immigrants 60% less likely to be incarcerated than U.S.-born citizens today, according to the nonpartisan National Bureau of Economic Research.
Assertions that immigrants have caused spikes in crime in the areas where they settle have also been proven false. Overall, incidents of crime, including violent crime, have fallen in cities across the country since peaking during the pandemic, FBI data shows. And while politicians have claimed that border cities have been overwhelmed by lawlessness and chaos, the data shows that crime rates, including for homicide, are far lower than the national average.
The equation of immigrants with criminals is exhausting to hear for Irayda Flores, a businesswoman in Phoenix, Arizona. Flores moved to the Grand Canyon State from Sonora, Mexico, in 2004, hoping to make her entrepreneurial dreams a reality. Since then, her seafood wholesale business, El Mar de Cortez Corp, has thrived, serving restaurants across the city and employing more than a dozen people. But despite the example she and other immigrants provide, politicians continue to frame them as villains.
The rhetoric is the same every election year, she said, and it ignores the positive contributions of many of the immigrants who left their home countries to seek a better future.
“Politicians talk about the migrant community like they’re criminals, like they are really awful people,” Flores said. “But when migrants leave their country — their culture and the land that they were born and grew up in — they do it because they’re searching for opportunity. And searching for a new opportunity means they come here with the intention to work and get ahead.”
Dismissing all immigrants as criminals is harmful, she added, and unfair to the work many immigrants have put in to make a difference in their host communities.
“You can’t generalize or treat an entire immigrant group as criminals because there are people who’ve lived in the country for decades, and they bring benefits to the table,” Flores said. “They benefit the economy, they benefit their communities, and they deserve to be treated with respect.”
While the campaign season has prompted politicians to stir up voters about an “invasion” at the country’s southern border, the situation is more complex. In late 2023, the number of migrant encounters at the U.S.-Mexico border hit record highs. In December 2023, more than 300,000 encounters between border officials and migrants occurred at the country’s southern border — an all-time high. Experts believe the surge was, in part, the result of a global spike in migration patterns caused by economic strains during the pandemic.
In January 2024 the record high set in December plummeted to about 176,000 encounters. The number eventually fell to a three-year low not seen since before the pandemic. In August, the month for which the most recent data is available, encounters increased slightly from to 107,503 from 104,101 in July.
The U.S.-Mexico border stretches across nearly 2,000 miles and includes 26 land ports of entry. U.S. Customs and Border Protection agents monitor both ports and the spaces in between. The vast majority of fentanyl is smuggled into the U.S. via legal routes by citizens, the U.S. Department of Homeland Security reports. More than 90% of interdicted fentanyl is confiscated by border officials at land ports of entry, according to DHS, and cartels mainly seek to move the drug across the border with the help of U.S. citizens. In fiscal year 2023, the latest year for which there is data, 86.4% of fentanyl trafficking convictions were citizens.
In most cases, immigrants who aren’t citizens of the United States are ineligible for public benefits. Federal programs like Section 8 housing aid, the Supplemental Nutrition Assistance Program (SNAP), Medicaid and Temporary Assistance for Needy Families (TANF)? are all strictly reserved for U.S. citizens.
Immigrants who aren’t citizens also can’t receive subsidies under the Affordable Care Act, and they can’t apply for federal health insurance coverage through the marketplace.
People with legal permanent residency status, however, may be able to access some public benefits after reaching the five-year residency mark.
Some federal protections are in place to ensure that migrants have access to care if they are facing life-threatening circumstances. Emergency Medicaid helps migrants without legal status receive urgent medical treatment, and some benefits are available to migrant women under the Women, Infants and Children (WIC) program.
Eligibility for state public benefit programs varies across the country and can range from access to driver’s licenses to in-state tuition rates and scholarships.
Gaining citizenship is a costly, multistep and complicated process. And backlogged naturalization and asylum systems mean long wait times for hopeful migrants.
Those seeking to achieve legal status through marriage must pass a number of hurdles meant to verify that the marriage is genuine, including periodic interviews with immigration officials. Couples often spend hundreds or thousands of dollars and years in the application process.
Deferred Action for Childhood Arrivals grants people without legal status who were brought to the country as minors protection from deportation and a temporary work permit, but recipients must meet strict criteria to qualify. That includes living in the U.S. since 2007, having arrived in the country before turning 16, no significant criminal convictions and either current enrollment in a high school, a diploma or a GED.
DACA recipients who were accepted into the program must reapply for a renewal every two years. And while recipients can apply for legal residency status if they are eligible through their family or via employment-based immigration, the DACA program is currently frozen. Though applications are still being accepted, they aren’t being processed while the program is under ongoing litigation that threatens to end it altogether.
Asylum seekers must undergo fear screenings with immigration officials to determine if their concerns about persecution or threats to their lives warrant being granted protection in the U.S. New guidance issued by the Biden administration barring the consideration of asylum claims when high numbers of migrant encounters occur has made it more difficult for people to request asylum.
Those hoping for a resolution in their asylum or refugee cases might wait years. In 2019, the immigration backlog ballooned to more than 1 million cases, a number that only doubled in the following years. As of September, the number of pending immigration cases exceeded 3 million. The average time it takes to close a case is four years, according to Syracuse University’s Transactional Records Access Clearinghouse, an organization that compiles and analyzes federal immigration data.
Roughly 11 million undocumented immigrants live in the United States, and all of them pay some form of taxes. An analysis of the 2022 American Community Survey, an annual demographics survey conducted by the U.S. Census Bureau, estimated that immigrants contributed $383 billion in federal taxes, and $196 billion in state and local taxes. And while people without legal status can’t benefit from Social Security, the administration receives about $13 billion from the paychecks of workers without citizenship status every year.
Saúl Rascón moved to the U.S. with his family when he was 5-years-old. He became a DACA recipient in high school and has been employed ever since. Today, he works with Aliento Votes, a pro-immigrant voter outreach campaign. Accusations that immigrants don’t pay their taxes irritate Rascón, who views it as a way to diminish the demographic group’s contributions.
“It’s particularly frustrating when immigrants are pinned as this economic deficit and harm when it’s been proven time and time again that they’re not,” he said.
The problem, Rascón said, is that the claim is believable to the average voter who doesn’t do additional research. And that claim is dangerous for all immigrants, including himself, because it could engender hostility towards the community as a whole.
The spread of disinformation about immigrants is harmful, he added, not just because it fosters anti-immigrant sentiment, but also because it makes it more difficult to find common ground when it comes to changing the country’s immigration system. While Republican politicians have focused on riling up their base against immigrants, Democrats have shifted to the right on the issue, increasingly spotlighting enforcement policy to capture as many votes as possible.
“We’re no longer focusing our energy on our Dreamers and DACA, on undocumented people who’ve been here, and contributing taxes,” Rascón said. “We’ve seen a shift towards border security, which isn’t unproductive but it’s not the best use of our time and resources.”
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