Lecture Notes Foreign nationals and crime 12 04 2012 Who are foreign nationals Non citizens 22 5 million all types on final Immigrants resident o 1 million o Coming for a long period of time LPR legal permanent Non immigrants o 35 million o Coming for a short period of time o Guest worker student tourist border crossing card Illegal immigrants o Unknown number smallest group o 1996 Illegal Immigration Reform Immigrant Responsibility Act IIRIRA Can be convicted deported if they commit a crime of moral turpitude moral turpitude depends on jurisdiction Allowed to be applied ex post facto can be flagged for deportation for past crimes before the act Immigration law is civil law criminal laws cannot be applied ex post facto Illegal non immigrants o 4 5 million o Someone who came on a short term visa but overstays after expiration o Many people stayed past visa expiration after 9 11 because it would be difficult for them to return Undocumented migrants o 6 5 million o Crossing the border without any type of documentation o Smuggling 90 costs 5 000 10 000 TPS o Grey areas o Temporary protected status Someone may come into the US in any number of ways 7 countries are a part of a temporary asylum Allows you to be in the US to have an ability to work without fear of deportation as long as your country is recognized as a country who has TPS o El Salvador Illegal percentages o 60 cross border undocumented o 40 crossed with a visa Naturalized citizens 17 5 million Theory on who is committing more crime Social disorganization theory o Any type of immigrant o No ties to community no social control o Less social cohesion differences in language Opportunity theory o All 3 types of illegal immigrants o Illegal groups have less opportunity for social mobility o Less legitimate opportunities o Could focus on illegitimate opportunities to be socially mobile get money Labeling theory o All 3 types of illegal immigrants o They are already committing one type of crime o May be more likely to commit more crimes o Groups would conform to labels Cultural deviance theory o Any immigrants o Certain things that are socially legally acceptable in other countries that are not in a new country o Example marijuana Strain theory o Any immigrants o Disjunction between aspirations achievements Immigrant revitalization perspective o All groups of immigrants are LESS likely to commit crimes o They decrease crime create more social organization within than citizens their community o Create new social structures that work Why do we think illegal foreign nationals commit more crime Other circumstances seem suspicious Labeled as deviant even when citizens violate some regulations legally Thinking immigrants do not want to assimilate learn English Public perception media what is seen etc o Violate civil immigration law o Don t speak English o Don t pay income taxes ITIN Individual Taxpayer Identification Number 1986 Comprehensive Reform Act Can pay taxes even without being here legally Do not need a visa or SSN o Abuse social services Since 1996 legal illegal immigrants do not qualify for social services such as food stamps welfare etc Only qualify for 7 social services that are rarely used o Commit a disproportionate amount of crime Result o IIRIRA o 287 g local level law enforcement can enforce civil immigration law illegal If they have probable cause to believe someone is Probable cause more likely than not to be true Must exist without racial profiling Does NOT reduce crime but has an announcement effect reduction in assaults o 12 billion for customs border patrol o Anchor babies are deported Coming to US pregnant thinking that they are more likely to become a citizen since baby is a citizen BUT since parent is illegal baby can be deported How do we address illegal immigration Disproportionate funding on southern border 12 04 2012 Random on final MS 13 began in Los Angeles CA Vocabulary Immigrant eventually become a US citizen Illegal immigrant a crime of moral turpitude Non immigrant tourism Illegal non immigrant o Someone who overstays a visa Undocumented migrant o Someone who has legal permanent residency status and can o Someone who had legal permanent residency but committed o Someone who has a temporary visa for work school or o Someone who crosses the border without authorization or permission Law 287 g o Section of IIRIRA that allows for local level law enforcement to enforce federal immigration law o Has announcement effect but does not have an implementation effect IIRIRA o Civil law can be applied ex post facto o Legal permanent residents who committed crime of moral turpitude can be deported Padilla v Kentucky 2010 o Criminal defense attorneys need to inform their clients of civil immigration consequences for violating criminal law Other things on exam Illegal immigrants pay taxes by having an ITIN o ITIN a number that allows for illegal foreign nationals to pay income taxes Immigrant revitalization perspective o Theory that is most supported by empirical evidence on foreign nationals crime 2nd generation immigrants commit more crimes than US citizens with US born parents Illegal foreign nationals do NOT commit more crimes than US citizens Numbers the US 90 of undocumented migrants use a smuggler to enter the US 5 000 10 000 average an undocumented migrant pays to enter 60 of the illegal foreign national population came without any type of documentation as an undocumented migrant Foreign born population includes nationalized citizens
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