Improving Crime Victimization Data for Noncitizen Populations

Improving Crime Victimization Data for Noncitizen Populations

January 31, 2023
Improving Crime Victimization Data for Noncitizen Populations
Accurate and comprehensive crime data are vital to
from death certificates, coroners/medical examiners, and
understanding the scope of criminal victimizations in the
law enforcement agencies and include information on
United States, including those affecting noncitizens and
foreign-born (i.e., not born in the United States or U.S.
immigrant communities. These data may be particularly
territories) decedents. Approximately 49% of the foreign-
important in the case of noncitizens, as there are several
born population are not naturalized citizens. NVDRS data is
forms of immigration relief available to noncitizen victims
in a restricted access database, but a 2022 study found that
of crime (e.g., the U and T nonimmigrant statuses; for more
8% of the homicides captured in the 2017 NVDRS data
information, see CRS Report R47404, Immigration Relief
were of foreign-born victims. Estimates indicate that the
for Noncitizen Crime Victims). By improving the quality of
foreign-born population at this time made up about 14% of
data on noncitizen crime victims, policymakers could
the U.S. population. (For more information on the foreign-
develop immigration policy that more precisely reflects
born population, see CRS In Focus IF11806, Citizenship
their needs and experiences.
and Immigration Statuses of the U.S. Foreign-Born
Population.)
There are several federal programs that collect and publish
crime data, including the Federal Bureau of Investigation’s
Congress has shown an interest in addressing human
(FBI’s) National Incident-Based Reporting System
trafficking (both labor and sex trafficking), including
(NIBRS) and the Bureau of Justice Statistics’ (BJS’)
providing immigration relief for certain noncitizen
National Crime Victimization Survey (NCVS) (for more
trafficking victims (i.e., the T visa); however, there are no
information on both programs, see CRS Report R46668,
federal data collections directly capturing trafficking
The National Incident-Based Reporting System (NIBRS):
victims’ experiences. Although NIBRS collects data on
Benefits and Issues. However, not all data collection
trafficking offenses, it does not collect information on the
programs include information on noncitizen victimization.
citizenship status of crime victims. While the frequency of
For example, NIBRS, the FBI’s primary crime data
human trafficking of noncitizens is unknown, the number of
program, does not collect information on the citizenship
applications for T nonimmigrant status for those who are
status of crime victims or offenders. Congress may consider
victims of severe forms of human trafficking generally
these information gaps when looking to data that can
increased from 2012 to 2020, with a 35% increase between
inform federal policies and programs to measure as well as
2020 and 2021. (For more information on human
respond to crime against noncitizens.
trafficking data, see CRS Report R47211, Criminal Justice
Data: Human Trafficking.)
Federal Data on Criminal Victimizations
Involving Noncitizens
Concerns Regarding Citizenship and
Immigration Status Data
The NCVS is an annual survey administered by BJS of a
representative sample of U.S. households. All household
Although adding citizenship or immigration status
members aged 12 and older report information on nonfatal
questions to national crime data collection programs has the
victimizations (i.e., sexual assault, robbery,
potential to improve the understanding of victimizations of
aggravated/simple assault, and personal larceny) and
noncitizens in theory, in practice these questions may affect
household property crimes (i.e., frequency, characteristics,
participation rates. For example, citizenship questions may
and consequences) they experienced, including those
discourage noncitizens from participating in national
reported and unreported to police. The NCVS added a
surveys or from reporting offenses to law enforcement
question about citizenship status starting with the 2017
agencies that would be reflected in data collected through
survey. From 2017 to 2021, NCVS data have shown a
programs like NIBRS. Policymakers might consider how to
slightly lower violent victimization rate for noncitizens
balance participation (by eliminating questions that may
compared to U.S. citizens. Additionally, from 2019 to 2021,
discourage noncitizens or other populations from reporting
the violent victimization rate (this includes incidents of
criminal victimizations) and data granularity (by adding
rape/sexual assault, robbery, and both simple and
questions that will allow for more detailed understanding of
aggravated assault) among noncitizens declined from 17.7
crime, including rates of noncitizen victimization).
per 1,000 people to 9.8; for U.S. citizens, that rate declined
from 21.1 per 1,000 people to 16.9.
A similar issue arose after the Department of Commerce
announced its intention to add a citizenship question to the
The National Violent Death Reporting System (NVDRS) is
2020 Census. The Census is meant to count every resident
a Centers for Disease Control and Prevention (CDC)
in the United States (regardless of legal status), and has
program that collects national data on violent deaths,
many uses including informing public policy, shaping
including homicides and suicides. These data are collected
congressional districts and the apportionment of seats in the
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Improving Crime Victimization Data for Noncitizen Populations
House of Representatives, and determining funding
Woldemikael in 2022) have found evidence of hesitation to
allocations for many federal programs. The possible
report crimes to law enforcement agencies, particularly
addition of this question raised concerns among some that
among Hispanic populations and in communities where
noncitizens would not participate in the Census. As with
local law enforcement agencies cooperate with U.S.
adding a citizenship question to the Census, including a
Immigration and Customs Enforcement. Congress could
citizenship question in NIBRS raises the issue of whether to
fund or expand existing grant programs to foster improved
prioritize counting the largest number of offenses possible
community-law enforcement relations and to encourage
or to maximize the detail captured regarding citizenship. In
reporting criminal victimizations to law enforcement.
the end, the citizenship question was not included in the
2020 Census. (For more information on the 2020 Census,
Pathways to Improving Crime
see CRS In Focus IF11015, The 2020 Decennial Census:
Victimization Data
Overview and Issues.)
Crime victimization data regarding noncitizens could be
As previously stated, since 2017 the NCVS has included a
improved by mandating that federal crime data programs
citizenship question. However, the NCVS is a survey of
collect data on citizenship status. For example, Congress
representative U.S. households, meaning that these data,
could require the FBI to add citizenship questions to
unlike the Census, are not gathered from all households.
NIBRS, or BJS to conduct a study of criminal
They are sample data from which estimates are made about
victimizations of noncitizens. Alternatively, Congress could
the overall population. The NCVS is more appropriately
require the National Institute of Justice (NIJ) to develop a
compared with the Census Bureau’s American Community
solicitation for a nongovernmental body to conduct a study
Survey (ACS), which is also a survey of representative U.S.
of criminal victimizations of noncitizens. This approach
households that captures population and housing data and
may address concerns about adding citizenship questions to
includes a citizenship question. The Census may be more
data collections conducted directly by government agencies
appropriately compared to NIBRS. NIBRS is intended to
or law enforcement.
capture complete, or near complete, data about crimes
reported to law enforcement agencies across the United
Using Crime Victimization Data to
States, which are also used to determine funding allocations
for certain federal law enforcement programs like the
Inform Immigration Policy
Edward Byrne Memorial Justice Assistance Grant (JAG)
In light of the unique vulnerabilities of some noncitizens, as
Program. (For more information on the JAG program, see
well as the desire to improve enforcement of criminal laws
CRS In Focus IF10691, The Edward Byrne Memorial
by strengthening the trust between law enforcement
Justice Assistance Grant (JAG) Program.) Therefore, any
agencies and immigrant communities, Congress has created
decision to add citizenship questions to NIBRS may be
avenues for immigration relief for certain noncitizens who
considered in the context of balancing participation versus
have been victims of crime. Strengthening data collection
detail.
about noncitizen victims of crime may aid in developing
these immigration policies.
As NIBRS collects data on offenses reported to law
enforcement agencies, including a citizenship question
For example, the U nonimmigrant status may be available
would require police to ask this information from crime
to a broad range of noncitizen crime victims, and the T
victims. This raises an initial concern about how accurate
nonimmigrant status is for certain noncitizen trafficking
responses from noncitizens to this question may be, as well
victims. The U status has a statutory cap of 10,000 a year,
as concerns about whether this might discourage noncitizen
whereas the T status has a cap of 5,000. For over a decade,
victims from reporting crimes to police. Thus, the potential
the U status has reached the cap and there is currently a
downstream consequence of un- or underreported crime and
backlog. As of the cover date of this In Focus, for those
the possibility of reduced funding for law enforcement
entering the backlog, it can take more than 17 years to
agencies in communities with decreased reporting may
receive U status after conditional approval. Meanwhile, the
factor into decisions about the value of adding these types
T status has not reached its cap over the past decade.
of questions to NIBRS.
Congress may want to examine the utilization of these
statuses, and it could be aided by better data on noncitizen
NCVS data demonstrate that a significant number of crimes
victims of crime. For instance, Congress could use the data
are not reported to the police, and there are mixed results
gathered from the programs described previously to
from studies about whether noncitizen populations are more
determine whether to adjust the statutory caps, eligibility
or less likely to report their victimizations to law
criteria, or other related policies. (For more information, see
enforcement than U.S. citizens. For example, a study of
CRS Report R47404, Immigration Relief for Noncitizen
NCVS data from 2017 to 2021 found that foreign-born
Crime Victims; and CRS Report R46584, Immigration
populations (including both noncitizens and naturalized
Relief for Victims of Trafficking.)
citizens) were just as, if not more, likely to report offenses
to police than native-born U.S. citizens. Foreign-born
participants reported 62% of serious crimes (felony violent
Emily J. Hanson, Analyst Social Policy
and property crimes) to the police, noncitizens reported
Abigail F. Kolker, Analyst in Immigration Policy
57% of all serious crimes, and U.S. born citizens reported
IF12316
53% of all serious crimes. However, other studies (e.g., one
from Reva Dhingra, Mitchell Kilborn, and Olivia
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Improving Crime Victimization Data for Noncitizen Populations

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