The Paradox of Law Enforcement in Immigrant Communities: Does Tough Immigration Enforcement Undermine Public Safety?

Abstract

Frustrated by federal inaction on immigration reform, several U.S. states in recent years have proposed or enacted laws designed to stem the flow of illegal immigrants into the U.S. and to facilitate their removal. An underappreciated implication of these laws is the potential alienation of immigrant communities-even law abiding, cooperative individuals-from the criminal justice system. The ability of the criminal justice system to detect and sanction criminal behavior is dependent upon the cooperation of the general public, including acts such as the reporting of crime and identifying suspects. Cooperation is enhanced when local residents believe that laws are enforced fairly. In contrast, research reveals that cynicism of the police and the legal system undermines individuals' willingness to cooperate with the police and engage in the collective actions necessary to socially control crime. By implication, recent trends toward strict local enforcement of immigration laws may actually undercut public safety by creating a cynicism of the law in immigrant communities. Using data from a 2002 survey of New York City residents, this study explores the implications of perceived injustices perpetrated by the criminal justice system for resident willingness to cooperate with the police in immigrant communities.

Do Blacks Speak with one Voice? Immigrants, Public Opinions, and Perceptions of Criminal Injustices

“…Thus, the worldview that foreign-born blacks have of the US criminal justice system may be shaped more by their immigrant experiences than by the lived negative experiences that thousands of US-born blacks have had both with the police and the criminal justice system (Brunson, 2007). This supposition supports Kirk et al's (2012) "dualism to justice" thesis. That is, perceptions of justice among foreign-born populations reflect characteristics of the justice system in the USA but also in sending societies.…”

“…In comparison, Weitzer and Tuch (1999) report that 44.5% of African-Americans (presumably mostly US-born blacks) believe that racist police practices are "very common." These negative encounters with the police are particularly problematic for immigrants as they may trigger their deportation (Kirk, Papachristos, Fagan, & Tyler, 2012). Second, we contend that foreign-born blacks do not have the same negative perception of the entire criminal justice system (e.g.…”

Does Undocumented Immigration Increase Violent Crime?*

“…That is, because undocumented immigrants are forced to live “shadowed lives” (Chavez, 2013) for fear of detection, unauthorized communities may feel socially isolated and cynical of the legal and political system (Kirk et al, 2012). As a result, rather than involving government authorities, undocumented immigrants may turn to violence as a form of dispute resolution (Black, 1983), though this may not be reflected in official crime statistics due to underreporting within undocumented communities, a point to which we return in the analysis.…”

The Interrelationships between Victimization, Fear, and Acculturation among Asian Immigrants

“…Findings produced by Rennison (2010) suggest that while situational factors such as type of crime, relationship to the offender, and injury status are important for understanding immigrants reporting crimes to law enforcement, the most significant finding was that reporting was highest for female victims and lowest for male victims. Distrust or belief in the inability of the criminal justice system to function adequately may have a negative impact on reporting (Kirk, Papachristos, Fagan, & Tyler, 2012). As part of this issue, Kirk and colleagues (2012) suggest that areas where laws targeting immigration are commonly utilized are likely to experience decreased assistance from the local immigrant population.…”