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Criminal Justice, Immigration, Race

Why do (some) city police departments enforce federal immigration law?

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Immigration arrest (ICE.gov)

As of 2010 there were an estimated 11 million unauthorized immigrants in the United States. The U.S. government has in recent years intensified its enforcement of immigrantion laws, deporting record numbers of unauthorized persons. At the same time, migration patterns are changing, and newer arrivals in the Hispanic community are moving to different areas of the country.

The outcry over the Arizona immigration law in 2011 — legislation that some criticize for encouraging racial profiling — has caused many to scrutinize how local police departments are enforcing federal immigration regulations. Many assume that in places where the political climate runs against unauthorized immigrants — and where longer-standing community members perceive the “threat” of encroachment by new arrivals — there is automatically a backlash, manifest through law enforcement crackdowns. But research suggests these dynamics are often complex.

A 2012 study in the Journal of Public Administration Research, “Why Do (Some) City Police Departments Enforce Federal Immigration Law?” looks at factors stimulating enforcement of federal immigration laws for cities near the borders. The study, from Arizona State University and John Jay College-CUNY, analyzes data from a survey of police chiefs from 237 large- and medium-sized cities nationwide over the period 2007 to 2008. The evidence indicates that there is a “significant reservoir of bureaucratic discretion” among police forces in enforcing such laws, and the researchers sought to pinpoint the drivers of more- or less-intensive enforcement.

The study’s findings include:

  • Among the 237 police departments surveyed, police officers checked immigration status in 87% of arrests for violent crimes, 64% of the arrests for domestic violence, 59% of interviews of victims of suspected human trafficking and 21% of traffic violations.
  • The presence of a Hispanic police chief is associated with a reduction in the intensity of enforcement of immigration-related laws.
  • In cities where the majority of voters are Republican and police chiefs report to the mayor and city council rather than a professional manager, there are significant increases in the level of enforcement. “Police practices  — in the form of the police enforcement score — do have a relationship with city government policy. More aggressive immigration policing is associated with a stricter city policy.”
  • “Nearly half of the city governments have sent no clear policy signal regarding immigration policing to their police department (according to the chief),” the data suggest. “This means that departments in such cities are necessarily devising their own strategies for how to deal with possible unauthorized immigrants or — if there are no departmental guidelines — are leaving decisions about such interactions to street-level decisions by officers.”
  • “Contrary to the threat hypothesis, the rate of increase in the local proportion of immigrants, all else equal, is not associated with our measures of city policy or police practices. And in fact, cities with high shares of immigrants in the population tend to experience less aggressive enforcement. Moreover, seemingly objective measures of community crisis, such as rates of unemployment or of violent crime, do not show any significant relationship to the outcomes we have measured.” When surveyed, police in communities with large immigrant populations would enforce regulations in 11% fewer situations.
  • Cities near Canada are more likely (65%) to have no city policy on immigration policy than their southern border colleagues (45%).

The results suggest that local immigration enforcement is more multifaceted than political party leanings, perceived demographic “threats” or the composition of immigrants in a community. “Supposedly ‘objective’ local conditions that people worry about regarding immigration, such as crime rates, unemployment rates or the sheer amount of recent growth in immigrants, don’t seem to matter very much in influencing the amount of local immigration-enforcement activity,” the researchers note. “What seems to matter more are local political or administrative factors (the percentage of Republican voters, the presence of a Latino chief).”

For statistical background on immigrant enforcement actions by federal authorities, see this 2011 report from the U.S. Department of Homeland Security.

Tags: Latino, Hispanic, law, policing

    Writer: | Last updated: November 1, 2012

    Citation: Lewis, Paul G.; Provine, Doris Marie; Varsanyi, Monica W.; Decker, Scott H. "Why Do (Some) City Police Departments Enforce Federal Immigration Law? Political, Demographic, and Organizational Influences on Local Choices," Journal of Public Administration Research, October 2012. doi: 10.1093/jopart/mus045.

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    Analysis assignments

    Read the issue-related Washington Post article titled "Obama Is Deporting Immigrants Faster than Bush."

    1. What key insights from the news article and the study in this lesson should reporters be aware of as they cover these issues?

    Read the full study titled "Why Do (Some) City Police Departments Enforce Federal Immigration Law?"

    1. What are the study's key technical term(s)? Which ones need to be put into language a lay audience can understand?
    2. Do the study’s authors put the research into context and show how they are advancing the state of knowledge about the subject? If so, what did the previous research indicate?
    3. What is the study’s research method? If there are statistical results, how did the scholars arrive at them?
    4. Evaluate the study's limitations. (For example, are there weaknesses in the study's data or research design?)
    5. How could the findings be misreported or misinterpreted by a reporter? In other words, what are the difficulties in conveying the data accurately? Give an example of a faulty headline or story lead.

    Newswriting and digital reporting assignments

    1. Write a lead, headline or nut graph based on the study.
    2. Spend 60 minutes exploring the issue by accessing sources of information other than the study. Write a lead (or headline or nut graph) based on the study but informed by the new information. Does the new information significantly change what one would write based on the study alone?
    3. Compose two Twitter messages of 140 characters or fewer accurately conveying the study’s findings to a general audience. Make sure to use appropriate hashtags.
    4. Choose several key quotations from the study and show how they would be set up and used in a brief blog post.
    5. Map out the structure for a 60-second video segment about the study. What combination of study findings and visual aids could be used?
    6. Find pictures and graphics that might run with a story about the study. If appropriate, also find two related videos to embed in an online posting. Be sure to evaluate the credibility and appropriateness of any materials you would aggregate and repurpose.

    Class discussion questions

    1. What is the study’s most important finding?
    2. Would members of the public intuitively understand the study’s findings? If not, what would be the most effective way to relate them?
    3. What kinds of knowledgeable sources you would interview to report the study in context?
    4. How could the study be “localized” and shown to have community implications?
    5. How might the study be explained through the stories of representative individuals? What kinds of people might a reporter feature to make such a story about the study come alive?
    6. What sorts of stories might be generated out of secondary information or ideas discussed in the study?