Migrant Perceptions of Criminal Justice Systems: A Comparative Study of U.S. and Home Country Systems

Abstract

Background: The United States has the highest number of immigrants in the world, with over 46 million foreign-born residents as of 2022. A growing number of migrants originate from Latin America, driven by factors such as economic instability, food insecurity, and crime. This study explores their experiences and perceptions regarding trust in the criminal justice system (CJS) in both their home countries and the United States. Methods: This study surveyed 500 migrants at a transitional institution in a U.S.–Mexico border city in the summer of 2023. The survey assessed confidence in law enforcement, immigration officers, courts, and government institutions using a 5-point Likert scale. Results: Migrants reported significantly higher confidence in the U.S. CJS compared to that of their home countries. Multivariate analysis revealed that satisfaction with border officials, documentation status, English proficiency, and health were positively associated with confidence in the U.S. CJS, while employment status, traveling with family, and fear of crime correlated with lower confidence. Conclusions: This study highlights the stark contrast in migrants’ confidence levels between their home countries and the U.S. criminal justice system. While migrants view the U.S. system as more legitimate, challenges such as fear of crime and legal uncertainties persist.

1. Introduction

The United States has more immigrants than any other country in the world. At the end of 2022, there were more than 46 million foreign-born residents in the country (Moslimani and Passel 2024). Latin American migrants represent the fastest-growing group, often driven by food insecurity, violence, and economic instability (Angelo 2021). This research documents the experience of 500 migrants, mostly from Latin America, in the United States. Our primary focus is to explore how these migrants perceive the criminal justice systems in both their home country and the United States. As most of our survey respondents claimed extreme hardship and distrust in their home justice system, they generally expressed greater confidence in the U.S. system. To interpret these perceptions, we draw on theoretical frameworks from the existing literature and align them with our empirical findings.

1.1. What We Know and We Do Not Know

Research consistently shows that immigrants’ perceptions of the criminal justice system (CJS) are shaped by a complex interplay of factors, including their pre-migration experiences, encounters with law enforcement in their host country, social networks, and language proficiency (Menjívar and Bejarano 2004; Han et al. 2020). Theoretical models, such as the Importation Model, the Dual Lens/Leap of Faith Model, and Group Position Theory, have provided critical frameworks for understanding these perceptions. The Importation Model suggests that immigrants bring pre-existing attitudes toward legal institutions from their home countries, which influence their trust in host country institutions (Wals 2011). The Dual Lens Model highlights the comparative nature of migrants’ assessments, where they evaluate host country institutions relative to those in their countries of origin (Bradford et al. 2017). Group Position Theory emphasizes the social context of immigration, where racialization and marginalization affect how migrants view law enforcement and the legal system (Bradford et al. 2017). These frameworks help explain the complex ways migrants develop trust or skepticism toward justice systems.

Despite these insights, significant gaps remain in the literature. Most existing studies focus on long-established immigrant groups and overlook perceptions of newly arrived immigrants, who may have recently endured trauma or instability. In addition, prior research typically examines confidence in a single country’s context, usually the host country, without a comparative analysis of perceptions in both the host and home countries. There is limited empirical work exploring how first impressions of the U.S. criminal justice system are shaped during the early stages of the migration journey. Key factors such as direct encounters with U.S. border officials, documentation status, language proficiency, and victimization during the migration journey have been understudied in relation to confidence in the justice system.

1.2. How This Study Addresses the Gaps in the Literature

This study seeks to fill these gaps by focusing on newly arrived migrants who have just experienced their first encounters with U.S. institutions at a transitional facility along the U.S.–Mexico border. We surveyed 500 adult migrants, primarily from Latin American countries, to assess their confidence in the criminal justice system in both the United States and their home countries. This comparative approach allows for a nuanced understanding of how migrants evaluate two distinct systems.

We specifically examine how factors such as satisfaction with interactions with the U.S. Customs and Border Protection (CBP) officers, documentation status, English proficiency, health, and fear of crime impact migrants’ confidence in these systems. Our findings provide critical insights into how migrants’ pre-migration experiences, direct encounters with U.S. institutions, and social context influence their perceptions of justice systems. This study is one of the few that directly compare migrant perceptions of the CJS in both their home countries and the U.S., contributing to a more comprehensive understanding of confidence formation, trust, and legitimacy within transnational migration contexts.

1.3. Migration Context

Venezuela, despite holding the world’s largest petroleum reserve, has seen substantial migration to the United States in response to the corruption of the Maduro regime, hyperinflation, and the scarcity of basic goods needed for survival (Roy and Cheatham 2024). While there is currently a surge in Venezuelans crossing the border (note that 58% of this sample is Venezuelan), there is a long history of this hardship going back to 2014 (O’Neil 2018), with more than 15% of the population fleeing the country (DeSilver 2022). Much of the rest of our sample came from Guatemala, Honduras, and Colombia. Both Guatemala and Honduras have faced substantial out-migration in response to civil war and gang-related crime, leading to continued political instability (Angelo 2021; Roy and Cheatham 2023). Colombia has faced instability that has been exacerbated by the more than one million Venezuelans who crossed its border in 2017–2018 (O’Neil and Freeman 2024). These dynamics provide important context for understanding the structural forces that shape migrants’ perceptions of justice institutions both at home and abroad.

It is equally important to situate migrants’ perceptions of the criminal justice system within the broader socio-political climate of immigration discourse. Unlike earlier waves of European immigration, Latin American migrants have been systematically racialized and politicized. For example, during the 2016 and 2024 presidential elections, Latino migrants were portrayed as threats to national security and economic stability (Viladrich 2023). These narratives not only had significant impacts on the elections but also directly influenced immigration enforcement practices. This racialized framing not only affects how migrants are perceived but also informs their expectations and interactions with the U.S. criminal justice system.

1.4. Trust and Legitimacy

This study begins by asking about the degree of trust and legitimacy that migrants may have in the U.S. justice system. Definitions of legitimacy and trust in policing vary substantially by race and ethnic group (Kearns et al. 2020; Morrell et al. 2020). Most commonly, there is a belief that legitimacy reflects the degree to which the policing authority is to be obeyed (Sunshine and Tyler 2003). Trust in the agency leads to citizens acting in a more cooperative manner with law enforcement due to the belief that law enforcement motives are for the general good (Tyler 2005). And trust is built through police presence and fairness in all interactions and encounters (Morrell et al. 2020). Those with a greater fear of deportation expressed less confidence in fair treatment by police and courts (Becerra et al. 2017).

1.5. Theoretical Framework

The existing literature draws on three main perspectives that help explain immigrants’ perceptions of the criminal justice system: (1) The Importation Model; (2) The Dual Lens or Leap of Faith Model; and (3) The Group Positions Perspective. These frameworks suggest that immigrants’ trust in legal institutions is shaped by individuals’ experiences as well as broader social contexts and their pre-migration orientations.

The Importation Model posits that immigrants “import” political and institutional trust or skepticism from their countries of origin, a concept described as carrying a political suitcase (Wals 2011). Wals’ study noted that immigrants’ pre-migration experience significantly shapes their trust in governmental institutions in their host country. For example, Mexican immigrants to the U.S. with greater trust in the Mexican government were more likely to trust American institutions such as the police. Additionally, those who had formed political attachments in Mexico were more engaged in civic life in the U.S. Therefore, migrants carry this trust in authority with them to their host country. Wu et al. (2011), studying Chinese immigrants in the U.S., noted that perceptions of American police were not only shaped by current experiences but also by attitudes toward law enforcement in migrants’ home countries. Some immigrants who had negative experiences with police in their country of origin expressed higher satisfaction with U.S. police by comparison, while others remained distrustful. These findings underscore how pre-migration socialization continues to influence migrants’ sense of security, fairness, and legitimacy in the host country’s justice system.

The Dual Lens or Leap of Faith Model suggests that migrants evaluate host country institutions by comparing them to those in their home countries. Bradford et al. (2017) found that some immigrants reported higher trust in police than native-born residents. This pattern has been observed across other contexts as well. Jung et al. (2019), using data from Canada, found that immigrants from flawed or hybrid political regimes were significantly more likely to have positive evaluations of host-country police than those from full democracies. The findings suggest that recent migrants’ perceptions of policing are shaped by the quality of governance in their home countries and more dysfunctional home regimes heighten the perceived legitimacy of host country institutions. This framework aligns with the idea that migrants make a psychological “leap of faith” and assume that democratic host countries will offer more just and reliable institutions (Giddens 1991).

Bradford et al. claim that this trust may be an act of faith do to the uncertainty that the migrant faces in their transition. Immigrants frequently have limited direct experience with host country institutions and may rely on their trust and hope for legal fairness and legitimate democratic governance. Giddens (1991) views this choice and commitment as an emotional investment in the development of self-identity relating to symbols. These institutions in America are interpreted as havens in an unfamiliar environment. However, this trust may decline if the migrant’s interaction with these symbols does not meet their expectations. Therefore, Bradford et al. show that immigrants who have been in the country longer tend to have less trust in the police. So, over time, continuous interaction with institutions such as the police recalibrates the immigrants’ lens, or sentiments relative to their original leap of faith.

Last, the Group Positions Theory emphasizes intergroup dynamics and perceived social hierarchy. Bradford et al. (2017) state that the majority of group members perceive police more favorably because they view police as protectors of their values and maintain security. However, immigrants, especially immigrants subject to racial biases and labeled as “other”, who frequently occupy lower socioeconomic status, will more often see police as enforcers of exclusion rather than protectors of justice.

This theory joins with the “out-group” lens that many immigrants experience when they arrive in the host country. The immigrants often feel that the police participate in racial profiling and immigration enforcement. One key variable that Bradford highlights is that when immigrants locate in areas with high degrees of diversity, they are more likely to trust the police. However, if immigrants are isolated into communities lacking diversity, or if they themselves experience acts of discrimination, their perceptions match those of other racial minorities that have historically had contentious relationships with law enforcement. Therefore, group position creates opportunities to build relationships of trust based on their settlement location. Police are seen as acting differently in various communities. Therefore, if the immigrant believes that they are part of a diverse community that is not targeted, they trust the police. If they are marginalized or targeted, their view of the police is significantly more skeptical.

1.6. Factors Shaping Migrants’ Confidence in Criminal Justice Systems

Much of the existing literature on confidence in criminal justice institutions focuses on native-born populations or long-term immigrant groups. These studies have identified several variables that influence individuals’ confidence in the criminal justice system. One of the key factors is perceived procedural justice, which refers to the fair procedure and legitimacy of authorities (Sunshine and Tyler 2003). Perceptions of fairness during interactions with officials can impact confidence in the criminal justice system and cooperation with the police (Sun et al. 2017). For recent migrants who may have limited direct experience with U.S. institutions, perceived fairness and legitimacy during their interaction with customs and border protection (CBP) officers can significantly shape their views of and confidence in the broader criminal justice system in the host country.

Mistrust may also be shaped by perceptions of migrants as a social threat. Sarpong and Reisig (2024) reported that many migrants viewed police as considering migrants as an out-group representing a threat to public order and requiring higher levels of social control (p. 511). This level of mistrust reduces perceived police effectiveness. Interestingly enough, first-generation immigrants appear to have higher levels of trust and procedural justice than second and third-generation immigrants. Much of this may be explained by the residence in specific neighborhoods/ethnic enclaves that are subject to being profiled (Yuan et al. 2022). From the police officer’s perspective, they are dealing with the changing dynamics of dealing with “multiple” publics and expectations of maintaining control during police–citizen encounters (Radburn et al. 2022). In sum, the criminal justice system is influenced by structural racism (Rucker and Richeson 2021). While political rhetoric often leads to border politics stoking fear of migrants crossing from Mexico to Texas and creating the potential for “spillover violence,” this phenomenon has not occurred, as the border shows reasonably low crime rates relative to most other parts of the United States (Kilburn et al. 2013; Momen et al. 2019).

Fear of crime and prior victimization have also been shown to reduce confidence in law enforcement. These effects may be especially pronounced among migrants due to violence during transit or in their countries of origin (Singer et al. 2019). Documentation status further shapes how immigrants and migrants perceive and interact with legal authorities. Documented immigrants tend to report higher confidence in justice institutions, while undocumented individuals often experience alienation or fear of deportation, which can discourage interaction with justice systems and reduce institutional confidence (Han et al. 2020). Language barriers are another factor that may impact migrants’ confidence in the justice system. Greater language proficiency has been associated with more positive evaluations of enforcement and perceived fairness in the host country (Han et al. 2020). Finally, encounters with border or immigration officials, such as CBP officers, can influence immigrants’ and migrants’ perceptions of the justice system. Positive and respectful interactions can enhance confidence, while hostile treatment may undermine it (Griffiths 2017; Han et al. 2020).

Existing research on confidence in the criminal justice system has primarily focused on native-born citizens or long-established immigrant groups (Griffiths 2017; Han et al. 2020; Ren et al. 2022). Few studies have examined recently arrived migrants, especially those in transit or experiencing first encounters with the U.S. institutions. In addition, most prior research tends to examine confidence in a single justice, rather than drawing comparative insights between migrants’ home and host countries. This study addresses these gaps by focusing on recent migrants and examining how factors such as immigration encounters, documentation status, language ability, and fear of crime shape their confidence in both the U.S. and home country criminal justice systems. It can contribute to a more nuanced understanding of confidence formation and institutional legitimacy within transnational migration contexts. This study explores two central research questions: (1) How do newly arrived migrants perceive the criminal justice system in the United States compared to their home countries? and (2) What factors impact their confidence in the criminal justice system in the U.S. and their home countries?

2. Materials and Methods

2.1. Data

This study interviewed 500 adult migrants staying in a transitional institution in a major U.S.–Mexico border city in the summer of 2023. The facility primarily serves individuals awaiting bus transportation to their intended destinations in the US. The research team visited the transitional institution to recruit participants. A flyer in both English and Spanish indicating the purpose of this study was given out to the potential participants. They were ensured of the anonymity and voluntariness of this study. Individuals who agreed to participate were offered USD 15 as an incentive. A total of 500 adults agreed to participate in this study. The migrants came from 11 countries, with the majority (58.2%) from Venezuela. The next largest groups were from Honduras (19.6%), Colombia (8.6%), Guatemala (4.4%), and Mexico (4.2%). The interviewers were fluent in both English and Spanish. Respondents were offered the opportunity to participate in the interview in English or Spanish. Most of the participants chose to be interviewed in Spanish (94.6%) and only 26 people preferred to be interviewed in English. Given the high volume of newly arrived migrants processed through this location, the sample provides a unique opportunity to assess the initial perception of the U.S. criminal justice system.

2.2. Dependent Variables

Migrants’ confidence in the criminal justice system was measured by asking about migrants’ confidence in law enforcement, immigration officers, courts, and government in the U.S. and their home countries. Responses were coded on a 5-point Likert scale ranging from 1 (none) to 5 (a great deal). The reliability scores for the two dependent variables confidence in the criminal justice system in the U.S. and confidence in the criminal justice system in the home country are 0.994 and 0.946. This indicates that both variables have high internal consistency.

2.3. Explanatory Variables

Encounter with a Customs and Border Protection (CBP) officer asked whether migrants had had any interaction with a CBP officer. Responses were coded as Yes (1) and No (0). Satisfaction with CBP officers measured respondents’ satisfaction with their interactions with CBP officers. Responses were coded on a 5-point Likert scale ranging from 1 (very unsatisfied) to 5 (very satisfied). Documentation status asked participants whether they had documents to enter the U.S. (0 = No and 1 = Yes). Travel with family indicates whether the migrants traveled with their family (0 = No and 1 = Yes). Violent crime victimization and property crime victimization measured migrants’ violent and property crime experiences during the journey (0 = No, 1 = Yes). Bus support asks whether migrants had the money to get on the bus (0 = No and 1 = Yes). The place to stay indicates whether the participants have a place to stay for the next 7 days. Religious belief asked migrants about the importance of religious or spiritual beliefs in their daily lives. Responses ranged from 1 (not at all important) to 4 (very important). Health condition measures migrants’ self-reported overall physical health, which ranges from poor (1) to excellent (5). English measures migrants’ English language skills by asking them to rate their English-speaking skills and English comprehension skills (α = 0.915). Responses ranged from poor (0) to excellent (10).

3. Results

Descriptive statistics are reported in

Table 1. Descriptive statistics.

	Min/%	Max	Mean	STD
Confidence in the U.S. CJ system	4	20	12.24	5.21
Confidence in the home country CJ system	4	20	4.53	1.80
Age	18	65	28.43	8.03
Interview language
Spanish	94.6%
English	5.2%
Race
Non-Hispanic	2.4%
Hispanic	97.6%
Gender
Male	56.5%
Female	43.5%
Marriage
Married	16.2%
Not married	83.8%
Children
Yes	64.4%
Employment
Yes	56.8%
CBP
Yes	57.4%
CBP Satisfaction	1	5	3.64	0.593
Documentation
Yes	71.8%
Travel with family
Yes	57.6%
Violent crime victimization
Yes	26.1%
Property crime victimization
Yes	38.2%
Bus support
Yes	5.4%
Place to stay
Yes	57.8%
Religious Beliefs	1	4	3.64	0.593
Health condition	1	5	3.9	1.01
English skills	0	15	1.33	2.60
Fear of crime	9	90	73.13	22.29

. The results show that the migrants interviewed had high levels of confidence in the U.S. criminal justice system (mean = 12.24) while reporting low levels of confidence in the criminal justice system in their home countries (mean = 4.53). The age of the participants ranged from 18 to 65, with a mean age of 28 years. Most of the respondents chose to be interviewed in Spanish (94.6%) and a small percentage preferred English (5.2%). The vast majority of the respondents identified as Hispanic (97.6%). In terms of gender, 56.5% of them were male and 43.5% were female. Most of the migrants had children at the time of the interview (64.4%). A little over half of them were employed (56.8%).

Approximately 57% of the individuals had encountered a CBP officer (57.4%) and reported high levels of satisfaction with the interaction (mean = 3.64). Most of them traveled with family (57.6%). In terms of victimization, 26.1% reported having violent crime victimization experience and 38.2% reported experiencing property crime victimization. Only a small percentage of the participants had money to get on the bus (5.4%) and a little over half of the migrants reported that they had a place to stay for the next 7 days (57.8%). Migrants in this sample rated religious beliefs as important (mean= 3.64). Overall, they reported good health conditions (mean = 3.9), poor English language skills (mean = 1.33), and high levels of fear of crime (mean = 73.13).

Table 2. Migrants’ confidence in the criminal justice system in the U.S. vs. in their home countries.

Confidence	The U.S.	Home Country	Mean Comparison
Confidence in law enforcement
None	110(22%)	456(91.2%)
Very little	28(5.6%)	32(6.4%)
Some	151(30.2%)	8(1.6%)
Quite a lot	147(29.4%)	3(0.6%)
A great deal	64(12.8%)	1(0.2%)
Mean	3.05	1.12	Z = −17.065 ***
Confidence in immigration officer
None	108(21.6%)	450(90.0%)
Very little	27(5.4%)	30(6.0%)
Some	143(28.6%)	15(3.0%)
Quite a lot	158(31.6)	4(0.8%)
A great deal	64(12.8%)	1(0.2%)
Mean	3.09	1.15	Z = −17.091 ***
Confidence in Courts
None	108(21.6%)	455(91.0%)
Very little	28(5.6%)	27(5.4%)
Some	163(32.6%)	14(2.8%)
Quite a lot	138(27.6%)	3(0.6%)
A great deal	63(12.6%)	1(0.2%)
Mean	3.04	1.14	Z = −17.004 ***
Confidence in the government
None	109(21.8%)	459(91.8%)
Very little	27(5.4%)	27(5.4%)
Some	157(31.4%)	9(1.8%)
Quite a lot	141(28.2%)	3(0.6%)
A great deal	66(13.2%)	2(0.4%)
Mean	3.06	1.12	Z = −17.081 ***

Note: p < 0.001 ***.

presents detailed confidence levels in various aspects of the United States system compared to their home country. The findings reveal stark differences, with migrants expressing significantly higher levels of confidence in the U.S. criminal justice system across all measured aspects. Specifically, 72.4% of migrants reported some level of confidence in U.S. law enforcement, whereas only 2.4% expressed confidence in law enforcement in their home country. Similarly, 73% of participants had confidence in U.S. immigration officers, contrasting sharply with the mere 4% who trusted immigration officers in their home country. Confidence in U.S. courts was reported by 73% of migrants, while only 3.6% expressed confidence in their home country’s courts. Regarding the government, 72.8% of migrants had confidence in the U.S. government, compared to just 2.8% who had confidence in the government of their home country. These findings underscore the profound disparity in confidence levels between the United States and migrants’ home countries.

The bivariate correlation results in

Table 3. Confidence in the CJ system in the U.S. vs. home country correlation results.

	US	Home Country
Age	0.027	0.022
Interview language	−0.085	0.035
Race	0.037	−0.026
Gender	−0.158 **	0.024
Marriage status	−0.071	0.026
Children	−0.084	0.035
Employment	−0.103 *	−0.042
CBP	0.184 **	−0.095 *
CBP satisfaction	0.387 **	0.002
Documentation	0.318 **	−0.004
Travel with family	−0.158 **	0.110 *
Violent crime victimization	−0.131 **	−0.131
Property crime victimization	−0.032	−0.121 **
Bus support	−0.019	0.195 **
Have a place to stay	0.055	0.015
Religious beliefs	−0.157 **	0.030
Health condition	0.353 **	0.020
English skills	0.136 **	−0.012
Fear of crime	−0.407 **	−0.020

Note: * p < 0.05, ** p < 0.01.

indicated that gender, employment status, whether they traveled with their family, violent crime victimization, and fear of crime were negatively related to migrants’ confidence in the U.S. criminal justice system. Interaction and satisfaction with CBP officers, having documents to travel, religious beliefs, good health conditions, and good English language skills were positively correlated with their confidence in the criminal justice system in the US. In terms of confidence in the criminal justice system in their home country, interaction with CPB officers and property crime victimization experience were negatively associated with their confidence, while traveling with their family members and having money to get on the bus were positively correlated with their confidence.

The multivariate statistics in

Table 4. Multivariate regression results of confidence in the CJ system in the U.S. vs. their home country.

	US		Home Country
	B	β	B	β
Age	0.061 +	0.097	0.004	0.019
Interview language	−1.834	−0.074	0.91 +	0.109
Race	1.269	0.045	0.087	0.009
Gender	−0.532	−0.051	−0.002	−0.001
Marriage status	−0.528	−0.038	0.388	0.084
Children	1.088 +	0.105	−0.279	−0.08
Employment	−1.807 ***	−0.176	0.003	0.001
CBP	0.318	0.021	−0.552 +	−0.107
CBP Satisfaction	1.167 ***	0.232	0.022	0.013
Document	2.338 ***	0.212	0.056	0.015
Travel with family	−1.213 *	−0.119	0.051	0.015
Violent crime victimization	−1.022	−0.09	0.289	0.076
Property crime victimization	1.255 *	0.122	−0.387	−0.112
Bus support	−0.742	−0.033	1.219 **	0.16
Have a place to stay	0.544	0.052	0.072	0.021
Religious beliefs	−0.658 +	0.083	−0.06	0.022
Health condition	0.496 +	0.101	−0.011	−0.006
English skills	0.245 **	0.129	−0.007	−0.011
Fear of crime	−0.057 ***	−0.27	0	−0.001
R square	0.442		0.076

Note: + p < 0.1, * p < 0.05, ** p < 0.01, *** p < 0.001.

indicate that after controlling for all other factors, age, parental status, satisfaction with CBP officers, documentation status, property crime victimization experience, religious beliefs, health condition, and English proficiency were positively associated with their confidence in the criminal justice (CJ) system in the US. Older individuals, respondents who have children, who were satisfied with their interaction with CBP officers, traveled with a document, had property crime victimization during their travel, those with good health conditions, and those who possessed good English skills reported higher levels of confidence in the U.S. CJ system than their counterparts. On the other hand, those who had a job, traveled with family, perceived religious beliefs to be important, and respondents who experienced heightened levels of fear of crime reported less confidence in the U.S. CJ system.

In terms of confidence in the CJ system in their home country, migrants who opted for English interviews and those who had financial resources for transportation displayed elevated confidence in their home country’s CJ system, whereas those encountering CBP officers reported diminished confidence in their home country’s CJ system. These findings highlight the nuanced interplay of various factors that shape migrants’ perceptions of CJ systems, underscoring the importance of considering these dynamics in policy and practice both in host and home countries.

4. Discussion

The United States has long been a popular destination for migrants worldwide, attracting millions of individuals seeking entry each year. Over the past several decades, the U.S. has experienced a significant influx of immigrants, with numbers continuing to grow rapidly. Approximately 86% of migrants and asylum seekers converge at the U.S.–Mexico border. In the 2022 fiscal year, the U.S. Customs and Border Protection (CBP) reported a record-breaking 2.76 million encounters at the border, with 2.37 million occurring at the southwest border alone. While the overall upward trend remains stable, the demographic composition of migrants is evolving. Notably, the number of migrants from the Northern Triangle countries (El Salvador, Honduras, and Guatemala) has increased substantially, accounting for nearly one-fourth of southern border patrol encounters (Roy and Cheatham 2023).

Despite the abundance of research on confidence in the criminal justice system, there is a notable gap in studies examining migrants’ confidence in this system. Even fewer studies have compared migrants’ confidence in the criminal justice system in the U.S. with that in their home countries and explored the factors shaping their perceptions. Understanding migrants’ confidence in the criminal justice system is crucial, as it can significantly influence their sense of belonging, integration, and trust in the host society. Their initial expectations of and interactions with the U.S. legal system may also impact their future adherence to immigration laws and compliance with federal regulations. Furthermore, exploring migrants’ confidence in various components of the criminal justice system, such as law enforcement, immigration officers, courts, and the government, can provide a comprehensive understanding of their overall confidence and experiences. This understanding is vital for developing proper immigration policies and practices that foster a more inclusive and equitable society. Enhancing migrants’ confidence in the criminal justice system can contribute to their successful integration and positive engagement with the broader community in the host society. Identifying specific factors that shape migrants’ confidence can promote targeted interventions to address these issues.

Unlike much of the existing literature, which focuses on established immigrants, this study centers on recently arrived migrants residing in a transitional institution. These individuals are navigating their initial encounters with U.S. institutions, and their experiences are likely to shape their long-term attitudes toward the host country’s justice system. This study contributes to the growing literature on confidence in criminal justice institutions by examining how recent migrants perceived two distinct systems: the U.S. system and the systems in their home countries. Using a comparative framework, this research examines how individual-level factors shaped confidence in these systems. The results are striking: migrants demonstrated high levels of confidence in all aspects of the U.S. criminal justice system while expressing very little confidence in their home countries’ systems. This disparity might be a key reason why many migrants decide to leave their home countries and migrate to the United States. Prior research has shown that much of the migration has been influenced by socioeconomic conditions, natural disasters in their homeland, and lack of security in conjunction with a mistrust of their government (Meyer 2023).

Several other findings from this study are worth mentioning. First, the data revealed that whether migrants encountered a CBP officer did not significantly impact their confidence in the U.S. criminal justice system. What mattered was their satisfaction with the interaction. Positive interactions with CBP officers significantly increased migrants’ confidence in the U.S. criminal justice system. This finding is consistent with the procedural justice framework, which suggests that when individuals perceive the interaction process as fair, they are more likely to view the system and its authorities as legitimate, thereby increasing their confidence in them. Procedural justice also promotes voluntary compliance with laws, cooperation with law enforcement, and reduces conflict during interactions.

Migrants face unique challenges when interacting with the U.S. criminal justice system due to language and cultural differences. In this context, perceiving interactions with CBP officers as fair, respectful, and unbiased enhances compliance with U.S. federal and immigration laws. Therefore, providing information to migrants in their native languages and ensuring clear communication is crucial. Authorities should also offer cultural competence training to CBP officers to enhance their understanding and respect for cultural differences. It is equally important to provide migrants with clear and consistent information about procedures, rights, and obligations.

Second, previous studies have found that experiences of victimization negatively impact migrants’ confidence in the criminal justice system (Chui and Cheng 2014; Han et al. 2020). This study found that while many migrants traveled with optimism, a substantial number experienced direct victimization during their journey to the United States. Interestingly, migrants who experienced property victimization during their journey reported significantly higher levels of confidence in the U.S. criminal justice system. The reason might be that prior studies examined respondents’ victimization in the country of study, while this research focused on victimization during the journey to the US. Victimization outside the U.S. likely traumatized these individuals, who then placed higher hope and confidence in the U.S. as a safe destination. This is consistent with qualitative responses from the respondents. Many of them reported having experienced crime and corruption in their home countries, and their migration journey was a hope to escape these circumstances.

Third, most of the migrants preferred to be interviewed in Spanish when given the options of both English and Spanish. They also reported very poor English speaking and comprehension skills. Migrants who were fluent in English reported higher levels of confidence in the U.S. criminal justice system. Respondents who possess good language skills may have a better understanding of the process and policy, which enables effective communication with officials and reduces confusion. Transparent processes and clear communication likely boosted their confidence in the system. Many migrants expressed a need for language skills training, highlighting the importance of implementing programs to enhance migrants’ language proficiency to facilitate their adaptation to the U.S.

Furthermore, fear of crime emerged as a significant inhibitor of confidence in the U.S. criminal justice system. This finding is consistent with prior studies that indicate fear of crime fosters negative perceptions and erodes trust in the criminal justice system (Singer et al. 2019). Individuals fearful of crime and victimization tend to blame law enforcement for inadequate protection, resulting in diminished confidence. Conversely, feeling safe increases trust and confidence in law enforcement and the criminal justice system.

Lastly, documentation status emerged as a significant predictor of confidence in the U.S. criminal justice system. Migrants with documentation reported higher levels of confidence than those without documentation. This highlights the importance of institutional accessibility and perceived security. It is possible that migrants with documented status feel more comfortable engaging with U.S. institutions and may interpret their treatment as more legitimate or protective. On the other hand, migrants who are undocumented may experience greater anxiety and alienation from authorities, which may have impacted their levels of confidence. This aligns with past research that shows legal vulnerability can influence perceptions of fairness and procedural justice (Han et al. 2020).

However, very limited factors emerged to be significant predictors of migrants’ confidence in their home countries’ criminal justice system, with the exception of interview language, encounter with a CBP officer, and bus money availability. Migrants who preferred English and those who had the money to get on the bus possessed higher levels of confidence in the criminal justice system in their home country. A potential explanation might be that these individuals had access to better education and financial stability which promoted positive perceptions of their home countries. Conversely, encounters with U.S. CBP officers were associated with negative perceptions of home country officials, likely due to a contrast in treatment, with U.S. officers providing fairer processes and greater respect.

An important consideration is that the migrants interviewed in this study represent a self-selection group. It is possible that their low confidence in their home country’s criminal justice system may reflect a broader pessimism about institutional trust. In this context, even minimal signs of procedural fairness or basic competence in the U.S. system may appear comparatively favorable. In addition, migrants’ confidence in the U.S. criminal justice system may also be shaped by media, word-of-mouth, or negative experiences with their home countries. This study did not include measures of previous encounters with either of the criminal justice systems. This limits the ability to disentangle these effects fully. Future research should examine how these factors shape migrants’ perceptions of the criminal justice systems in their home countries and the US.

The findings in this study are consistent with the Dual Lens or Leap of Faith model, which suggests that immigrants compare their host country’s systems to those in their home countries and give the host country system the benefit of the doubt. Jung et al. (2019) support this idea empirically and indicate that immigrants from less democratic regimes held more favorable views of the host country police, especially recently arrived immigrants. Given that over half of our sample respondents originated from Venezuela, a country facing profound democratic backsliding and institutional dysfunction, it is likely that migrants’ low confidence in their home systems amplified their positive views of the U.S. system. This comparative lens, shaped by political context and early interactions, helps explain the optimism many migrants express. However, researchers have pointed out that these positive perceptions may decline over time with more exposure to systematic inequalities or marginalization (Wortley and Owusu-Bempah 2011; Morales and Curry 2021). The group positions framework helps explain why perceptions may shift as migrants become more assimilated in the U.S. society and begin to encounter structural challenges. Understanding how and why this shift occurs is essential for designing interventions that preserve early confidence and prevent the erosion of legitimacy over time.

5. Conclusions and Policy Implications

5.1. Policy Implications

Addressing the large influx of migrants and facilitating their adaptation to the United States has been a central focus of U.S. immigration policy. The findings from this study provide important implications for both the U.S. and migrants’ home countries.

First, improving migrants’ interactions with U.S. CBP officers is crucial, as these interactions directly impact their perceptions of the criminal justice system and can increase their confidence in it. CBP officers and other officials should be neutral and respectful when working with migrants. They should also be mindful of the cultural norms migrants hold and sensitive to their perceptions of U.S. officials, especially since many migrants are fleeing countries with corrupt officials and have high expectations for the U.S. criminal justice system. Providing cultural competence training to CBP officers will be beneficial in this regard. In addition, providing clear and consistent information about immigration procedures, rights, and obligations is essential for building trust among migrants.

Second, it is essential to address migrants’ fear and victimization by providing them with safe places to stay. Outreach programs can be implemented to educate migrants about their rights and the legal processes they may encounter. The knowledge they gain can empower migrants and reduce their anxiety. Furthermore, providing support to promote migrants’ health and English language skills is crucial for their successful adaptation. Enhanced language skills, in particular, will improve their ability to navigate the system and communicate effectively with U.S. officials. Since English proficiency is positively related to confidence in the criminal justice system, policymakers should consider expanding English as a Second Language (ESL) programs tailored to recent migrants. Likewise, increasing access to healthcare services in transitional institutions can help mitigate the stress and trauma migrants experience and, therefore, foster great confidence in U.S. institutions.

For migrants’ home countries, addressing corruption and inefficiencies within their own criminal justice systems is vital. Improving law enforcement practices by incorporating procedural justice and treating citizens with fairness and respect can significantly enhance public confidence in the criminal justice system. In addition, efforts should be made to increase individuals’ access to justice and legal resources to ensure transparency and inform citizens about their rights and how to exercise them.

By implementing these policy recommendations, the United States and the migrants’ home countries can work towards creating environments that foster confidence, safety, and effective integration. These measures not only benefit migrants but also contribute to the overall stability and cohesion of society. It is also important to consider that the current political environment, which is marked by anti-immigration and mass deportation, may undermine migrants’ confidence in the U.S. criminal justice system. Such rhetoric can intensify fear and alienation among migrants, especially those newly arrived individuals. This context underscores the significance of this study’s findings and policy recommendations. Promoting procedural justice, cultural competence, and access to resources is critical to facilitate the integration of migrants and can also counteract narratives that may erode confidence in the U.S. criminal justice system. Ensuring fair and respectful treatment is vital to increase the legitimacy of the system among marginalized groups.

5.2. Limitations

This study explored migrants’ confidence in the criminal justice system and the factors impacting their confidence. It provides important implications for increasing migrants’ sense of belonging and helping them adapt well to the host society. However, this study is not without limitations. Firstly, this study relies on a convenience sample drawn from a single transitional institution on the U.S.–Mexico border, which limits the generalizability of the findings. While the sample provides valuable insights into recently arrived migrants, future studies should employ broader and probability sampling to enhance the generalizability of results. Including migrants from various locations would increase the sample diversity and provide a more comprehensive understanding of the issue. Secondly, this research was conducted at a single point in time. Future studies should consider conducting longitudinal research to track changes in migrants’ confidence in the criminal justice system over time, offering a more dynamic perspective on their adaptation and integration experiences.