People commonly assume that immigrants are more likely to commit crimes than native-born Americans, especially illegal immigrants. Tragic individual murders by immigrants seem to support this perception, and it affects the public debate over immigration policy. However, this perception is not supported by the facts. Although the number of illegal immigrants and the crimes they commit are notoriously difficult to measure, available evidence shows that they are less crime-prone than native-born Americans.
We estimate illegal and legal immigrant incarceration rates in the United States by using the 2024 American Community Survey Public Use Microdata Sample from the US Census. We also provide detailed incarceration data on immigrants and native-born Americans by race and ethnicity, region of birth, country of birth, sex, education, age, the number of years present in the United States, and age of arrival.
All immigrants, both legal and illegal, are less likely to be incarcerated than native-born Americans. The 2024 native-born American incarceration rate of 1,195 per 100,000 natives is the highest of the three groups analyzed. Legal immigrants have the lowest incarceration rate, at 303 per 100,000 legal immigrants in 2024. Illegal immigrants have an incarceration rate of 674 per 100,000 illegal immigrants, higher than legal immigrants but also lower than native-born Americans.