We have got enough criminals in the United States without importing any: an examination of the influence of citizenship status, legal status, and national origin among Latino subgroups in federal sentencing outcomes

The study of non-U.S. citizens in criminal justice system outcomes has often been neglected in the sentencing literature. When citizenship is considered, there are generally no distinctions made within this group. The research fails to consider differences according to legal status, race/ethnicity, nationality and other distinctive markers that might play a role in sentencing outcomes. Using federal sentencing data collected by the United States Sentencing Commission for fiscal year 2006 through fiscal year 2008, this study examines the effect of offender citizenship status, legal status, and national origin on the likelihood of imprisonment and length of imprisonment for offenders convicted of drug offenses. The current study considers differences among foreign-born and Latino immigrant subgroups (e.g., Colombian, Cuban, Dominican, and Mexican nationals). The key findings in this dissertation include: (1) non-U.S. citizens have greater odds of imprisonment than U.S. citizens. However, non-U.S. citizen offenders receive significantly shorter prison terms relative to U.S. citizen offenders; (2) undocumented immigrants are more likely to be incarcerated compared to similarly situated authorized immigrants and U.S. citizens. However, legal status does not have an effect on sentence length; and (3) with respect to national origin, Mexican nationals are significantly more likely than Colombians to be incarcerated and are given significantly longer prison sentences than Dominican nationals. The implications of these findings and future research are addressed in the concluding chapter.