The Model Minority Myth for Noncitizen Immigration Offenses and Sentencing Outcomes

Abstract

Labeled the model minority, Asian Americans have been seen as less discriminated against than other racial/ethnic minorities in the different aspects of American society. Sentencing scholarship also revealed robust evidence that Asian offenders were not treated differently from White offenders in judicial decision making. Some research even found the most favorable sentencing outcomes for Asian offenders. However, it is unclear whether the model minority hypothesis is validated when only the criminal sentencing of noncitizen offenders is at issue. Using the U.S. Sentencing Commission’s sentencing data for fiscal years 2006–2007, the present study, with a focus specifically on immigration offenses, seeks to challenge this hypothesis by examining the extent to which an offender’s national origin and race/ethnicity affect sentencing outcomes. Findings reveal strong support for our argument that the model minority advantage is offense-specific and that it is not applicable to all types of offenses. Specifically, there is no model minority advantage for non-U.S. citizens’ immigration offenses.