Adding insult to injury: the unintended consequences for immigrants of hate crime legislation

Abstract

Purpose – To assess the role of hate crime legislation in protecting immigrants and winning their hearts; and to determine whether hate crime is increasing with immigration and, if not, why.

Methodology – Based on a survey of the literature, a search of news reports in a special interest news clipping service related to immigrants, and the analysis of US National and California hate crime data.

Findings – Immigration does not appear to be associated with increasing hate crime against immigrants in general or Hispanic immigrants in particular in the United States. This may be because immigrants, particularly Hispanic immigrants, tend to live in residentially segregated conditions. However, for people who are probably Middle Eastern–appearing immigrants, the data show a spike in attacks in the years after the September 11 atrocity. The police and prosecutors often decline to arrest and/or to prosecute as hate crimes matters that appear to be hate crimes. This alienates immigrants and makes them believe the opposite of what the proponents of hate legislation would hope. Hate crime legislation does not seem to be to the advantage of immigrants.

Value – This is an empirically based assessment of the value of hate crime legislation for the protection, winning, and integration of immigrants.

Citation

McDonald, W.F. (2009), "Adding insult to injury: the unintended consequences for immigrants of hate crime legislation", Mcdonald, W.F. (Ed.) Immigration, Crime and Justice (Sociology of Crime, Law and Deviance, Vol. 13), Emerald Group Publishing Limited, Leeds, pp. 163-185. https://doi.org/10.1108/S1521-6136(2009)0000013013