Immigration Policies and Access to the Justice System: The Effect of Enforcement Escalations on Undocumented Immigrants and Their Communities

Abstract

Does intensifying immigrationenforcement lead to under-reporting of crime among undocumented immigrants and their communities? We empirically test the claims of activists and legal advocates that the escalation of US Immigration and Customs Enforcement (ICE) activities in 2017 negatively impacted the willingness of undocumented immigrants and Hispanic communities to report crime. We hypothesize that ICE cooperation with local law enforcement, in particular, discourages undocumented immigrants and their Hispanic community members from reporting crime. Using a difference-in-difference approach and FBI Uniform Crime Reporting (UCR) data at the county level, we find that total reported crime fell from 2016 to 2017 in counties with higher shares of Hispanic individuals and in counties where local law enforcement had more cooperation with ICE. Using the National Crime Victimization Survey (NCVS), we show that these declines in the measured crime rate are driven by decreased crime reporting by Hispanic communities rather than by decreased crime commission or victimization. Finally, we replicate these results in a second case study by leveraging the staggered roll-out of the 2008–2014 Secure Communities program across US counties. Taken together, our findings add to a growing body of literature demonstrating how immigration enforcement reduces vulnerable populations’ access to state services, including the criminal justice system.