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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 276,000 criminal aliens have been booked into local Texas jails between June 1, 2011 and December 31, 2018, of which over 186,000 were classified as illegal aliens by DHS.

Between June 1, 2011 and December 31, 2018, these 186,000 illegal aliens were charged with more than 292,000 criminal offenses which included arrests for 539 homicide charges; 32,443 assault charges; 5,695 burglary charges; 36,840 drug charges; 395 kidnapping charges; 15,859 theft charges; 23,487 obstructing police charges; 1,650 robbery charges; 3,428 sexual assault charges; 2,152 sexual offense charges; and 2,949 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 120,000 convictions including 238 homicide convictions; 13,559 assault convictions; 3,138 burglary convictions; 17,806 drug convictions; 173 kidnapping convictions; 7,064 theft convictions; 11,264 obstructing police convictions; 1,011 robbery convictions; 1,689 sexual assault convictions; 1,148 sexual offense convictions; and 1,280 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 26,000 individuals who were identified by DHS as in the country illegally while they were incarcerated at TDCJ. 10,321 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 December 31, 2018, these 10,321 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 85 homicide charges; 786 assault charges; 488 burglary charges; 1,283 drug charges; 23 kidnapping charges; 314 theft charges; 639 obstructing police charges; 263 robbery charges; 527 sexual assault charges; 222 sexual offense charges; and 159 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 3,000 convictions including 63 homicide convictions; 480 assault convictions; 333 burglary convictions; 753 drug convictions; 11 kidnapping convictions; 187 theft convictions; 287 obstructing police convictions; 202 robbery convictions; 370 sexual assault convictions; 162 sexual offense convictions; and 71 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 December 31, 2018 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 December 31, 2018 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 276,000 criminal aliens have been booked into local Texas jails between June 1, 2011 and December 31, 2018, of which over 186,000 were classified as illegal aliens by DHS.

Over the course of their entire Texas criminal careers, these 186,000 illegal aliens were charged with more than 462,000 criminal offenses which included arrests for 1,018 homicide charges; 52,199 assault charges; 14,859 burglary charges; 59,627 drug charges; 690 kidnapping charges; 28,727 theft charges; 40,922 obstructing police charges; 3,491 robbery charges; 5,564 sexual assault charges; 3,396 sexual offense charges; and 6,706 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 214,000 convictions including 466 homicide convictions; 22,647 assault convictions; 7,710 burglary convictions; 30,986 drug convictions; 284 kidnapping convictions; 13,592 theft convictions; 20,672 obstructing police convictions; 1,931 robbery convictions; 2,934 sexual assault convictions; 1,834 sexual offense convictions; and 3,007 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 26,000 individuals who were identified by DHS as in the country illegally while they were incarcerated at TDCJ. 10,321 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 10,321 individual identified as illegal aliens while in prison, were charged with more than 47,000 criminal offenses which included arrests for 1,927 homicide charges; 5,538 assault charges; 3,658 burglary charges; 6,684 drug charges; 335 kidnapping charges; 2,678 theft charges; 3,715 obstructing police charges; 2,441 robbery charges; 2,943 sexual assault charges; 1,048 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 1,136 homicide convictions; 2,795 assault convictions; 1,989 burglary convictions; 3,925 drug convictions; 144 kidnapping convictions; 1,274 theft convictions; 1,684 obstructing police convictions; 1,638 robbery convictions; 1,875 sexual assault convictions; 632 sexual offense convictions; and 620 weapon convictions.

Historical Prison Arrest Convictions
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