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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 289,000 criminal aliens have been booked into local Texas jails between June 1, 2011 and April 30, 2019, of which over 196,000 were classified as illegal aliens by DHS.

Between June 1, 2011 and April 30, 2019, these 196,000 illegal aliens were charged with more than 306,000 criminal offenses which included arrests for 556 homicide charges; 33,816 assault charges; 5,888 burglary charges; 38,601 drug charges; 426 kidnapping charges; 16,387 theft charges; 24,402 obstructing police charges; 1,711 robbery charges; 3,611 sexual assault charges; 4,826 sexual offense charges; and 3,083 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 124,000 convictions including 254 homicide convictions; 14,100 assault convictions; 3,258 burglary convictions; 18,445 drug convictions; 179 kidnapping convictions; 7,259 theft convictions; 11,602 obstructing police convictions; 1,037 robbery convictions; 1,783 sexual assault convictions; 2,406 sexual offense convictions; and 1,325 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. 10,335 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 April 30, 2019, these 10,335 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 89 homicide charges; 819 assault charges; 498 burglary charges; 1,340 drug charges; 28 kidnapping charges; 318 theft charges; 656 obstructing police charges; 268 robbery charges; 540 sexual assault charges; 245 sexual offense charges; and 161 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 3,000 convictions including 67 homicide convictions; 500 assault convictions; 332 burglary convictions; 774 drug convictions; 13 kidnapping convictions; 188 theft convictions; 297 obstructing police convictions; 205 robbery convictions; 382 sexual assault convictions; 178 sexual offense convictions; and 72 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 April 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 April 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 289,000 criminal aliens have been booked into local Texas jails between June 1, 2011 and April 30, 2019, of which over 196,000 were classified as illegal aliens by DHS.

Over the course of their entire Texas criminal careers, these 196,000 illegal aliens were charged with more than 481,000 criminal offenses which included arrests for 1,040 homicide charges; 53,979 assault charges; 15,237 burglary charges; 61,917 drug charges; 726 kidnapping charges; 29,548 theft charges; 42,187 obstructing police charges; 3,598 robbery charges; 5,783 sexual assault charges; 7,065 sexual offense charges; and 6,938 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 220,000 convictions including 485 homicide convictions; 23,397 assault convictions; 7,924 burglary convictions; 31,971 drug convictions; 293 kidnapping convictions; 13,941 theft convictions; 21,219 obstructing police convictions; 1,980 robbery convictions; 3,048 sexual assault convictions; 3,780 sexual offense convictions; and 3,103 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. 10,335 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 10,335 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; 5,552 assault charges; 3,638 burglary charges; 6,710 drug charges; 338 kidnapping charges; 2,671 theft charges; 3,698 obstructing police charges; 2,432 robbery charges; 2,950 sexual assault charges; 1,145 sexual offense charges; and 1,573 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 25,000 convictions including 1,140 homicide convictions; 2,806 assault convictions; 1,969 burglary convictions; 3,928 drug convictions; 146 kidnapping convictions; 1,268 theft convictions; 1,679 obstructing police convictions; 1,634 robbery convictions; 1,885 sexual assault convictions; 701 sexual offense convictions; and 619 weapon convictions.

Historical Prison Arrest Convictions
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