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Texas Criminal Illegal Alien Data

The Department of Public Safety and local law enforcement agencies in Texas participate in the Department of Homeland Security's (DHS) Priority Enforcement Program (PEP). Participation in PEP enables DHS to work with state and local law enforcement to take custody of individuals who pose a danger to public safety before those individuals are released into our communities. In Texas, PEP begins at the local level when an individual is arrested and booked by a Texas law enforcement officer for a criminal violation of Texas law. The arrested individual's fingerprints are submitted to the Texas DPS and subsequently to the FBI for criminal history and warrant checks. This same biometric data is also sent to DHS' IDENT database so that ICE can determine the person's immigration status and whether the individual is a priority for removal, consistent with the DHS enforcement priorities. The immigration status information is returned to DPS by DHS. The following report is based upon the status indicators provided to the DPS. For the purposes of this report, the term "criminal alien" refers to an individual who has been identified as an alien by DHS and who has been arrested for a state criminal offense, typically a Misdemeanor B or higher, committed in Texas.

Lawful Presence Determined Through PEP

According to DHS status indicators, over 295,000 criminal aliens have been booked into local Texas jails between June 1, 2011 and June 30, 2019, of which over 200,000 were classified as illegal aliens by DHS.

Between June 1, 2011 and June 30, 2019, these 200,000 illegal aliens were charged with more than 313,000 criminal offenses which included arrests for 567 homicide charges; 34,590 assault charges; 5,979 burglary charges; 39,459 drug charges; 443 kidnapping charges; 16,663 theft charges; 24,891 obstructing police charges; 1,741 robbery charges; 3,708 sexual assault charges; 4,952 sexual offense charges; and 3,162 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 126,000 convictions including 261 homicide convictions; 14,415 assault convictions; 3,304 burglary convictions; 18,773 drug convictions; 182 kidnapping convictions; 7,381 theft convictions; 11,787 obstructing police convictions; 1,052 robbery convictions; 1,829 sexual assault convictions; 2,440 sexual offense convictions; and 1,353 weapon convictions.

Illegal Arrest Convictions
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These figures only count individuals who previously had an encounter with DHS that resulted in their fingerprints being entered into the DHS IDENT database. Foreign nationals who enter the country illegally and avoid detection by DHS, but are later arrested by local or state law enforcement for a state offense will not have a DHS response in regard to their lawful status and do not appear in these counts. However, in addition to the PEP program, DHS actively adjudicates the immigration status of individuals incarcerated in the Texas prison system. From 2011 to date, the Department of Criminal Justice (TDCJ) has provided DPS with information on more than 27,000 individuals who were identified by DHS as in the country illegally while they were incarcerated at TDCJ. 10,353 of these individuals were not identified through the PEP program at the time of their arrest. DPS does not know the current incarceration status of the individuals identified while they were incarcerated nor when their alien status was initially determined.

Lawful Presence Determined While Incarcerated at TDCJ

Between June 1, 2011 and June 30, 2019, these 10,353 individual identified as illegal aliens while in prison, but who were not previously identified through PEP, were charged with more than 6,000 criminal offenses which included arrests for 90 homicide charges; 834 assault charges; 505 burglary charges; 1,347 drug charges; 29 kidnapping charges; 322 theft charges; 660 obstructing police charges; 271 robbery charges; 557 sexual assault charges; 253 sexual offense charges; and 163 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 4,000 convictions including 68 homicide convictions; 509 assault convictions; 336 burglary convictions; 776 drug convictions; 14 kidnapping convictions; 188 theft convictions; 302 obstructing police convictions; 210 robbery convictions; 395 sexual assault convictions; 186 sexual offense convictions; and 74 weapon convictions.

Prison Arrest Convictions
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Because DPS does not know the date these individuals were identified as illegal while in prison, the count of charges for which this population was arrested between June 1, 2011 and June 30, 2019 does not necessarily align with the size of the population of illegal aliens identified while in prison. A more accurate assessment can be seen when examining this population's entire Texas criminal history and not just for offenses committed during this time period (see the Historical Data section of this report). However, for this report, in order to be consistent with the timeframe utilized to provide counts of arrest and conviction for the population identified through PEP, we have limited the arrest and conviction counts for prison identified illegal aliens to the same June 1, 2011 to June 30, 2019 time frame used for individuals identified through PEP.

Report Notes

These figures do not attempt to allege that foreign nationals in the country illegally commit more crimes than other groups. It simply identifies thousands of crimes that should not have occurred and thousands of victims that should not have been victimized because the perpetrator should not be here. It is also important to note that these figures represent the minimum number of crimes associated with criminal illegal aliens:

Historical Data

Because individuals identified as being illegally present in the country may have had a Texas criminal history prior to their immigration status being known to law enforcement, DPS has traditionally published criminal history data for an alien's entire criminal history.

Lawful Presence Determined Through PEP

According to DHS status indicators, over 295,000 criminal aliens have been booked into local Texas jails between June 1, 2011 and June 30, 2019, of which over 200,000 were classified as illegal aliens by DHS.

Over the course of their entire Texas criminal careers, these 200,000 illegal aliens were charged with more than 489,000 criminal offenses which included arrests for 1,056 homicide charges; 54,950 assault charges; 15,412 burglary charges; 62,980 drug charges; 744 kidnapping charges; 29,942 theft charges; 42,840 obstructing police charges; 3,648 robbery charges; 5,896 sexual assault charges; 7,205 sexual offense charges; and 7,039 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 224,000 convictions including 494 homicide convictions; 23,798 assault convictions; 8,009 burglary convictions; 32,413 drug convictions; 297 kidnapping convictions; 14,130 theft convictions; 21,502 obstructing police convictions; 2,007 robbery convictions; 3,101 sexual assault convictions; 3,821 sexual offense convictions; and 3,142 weapon convictions.

Historical Illegal Arrest Convictions
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Lawful Presence Determined While Incarcerated at TDCJ

From 2011 to date, the Department of Criminal Justice (TDCJ) has provided DPS with information on more than 27,000 individuals who were identified by DHS as in the country illegally while they were incarcerated at TDCJ. 10,353 of these individuals were not identified through the PEP program at the time of their arrest. DPS does not know the current incarceration status of the individuals identified while they were incarcerated nor when their alien status was initially determined. Over the course of their entire Texas criminal careers, these 10,353 individual identified as illegal aliens while in prison, were charged with more than 47,000 criminal offenses which included arrests for 1,931 homicide charges; 5,564 assault charges; 3,645 burglary charges; 6,716 drug charges; 339 kidnapping charges; 2,676 theft charges; 3,694 obstructing police charges; 2,434 robbery charges; 2,960 sexual assault charges; 1,151 sexual offense charges; and 1,578 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 25,000 convictions including 1,142 homicide convictions; 2,813 assault convictions; 1,976 burglary convictions; 3,929 drug convictions; 147 kidnapping convictions; 1,268 theft convictions; 1,678 obstructing police convictions; 1,638 robbery convictions; 1,894 sexual assault convictions; 708 sexual offense convictions; and 622 weapon convictions.

Historical Prison Arrest Convictions
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