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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 305,000 criminal aliens have been booked into local Texas jails between June 1, 2011 and October 31, 2019, of which over 207,000 were classified as illegal aliens by DHS.

Between June 1, 2011 and October 31, 2019, these 207,000 illegal aliens were charged with more than 327,000 criminal offenses which included arrests for 594 homicide charges; 36,271 assault charges; 6,204 burglary charges; 40,890 drug charges; 485 kidnapping charges; 17,179 theft charges; 25,865 obstructing police charges; 1,802 robbery charges; 3,901 sexual assault charges; 5,173 sexual offense charges; and 3,311 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 131,000 convictions including 273 homicide convictions; 14,973 assault convictions; 3,403 burglary convictions; 19,339 drug convictions; 187 kidnapping convictions; 7,553 theft convictions; 12,103 obstructing police convictions; 1,091 robbery convictions; 1,909 sexual assault convictions; 2,529 sexual offense convictions; and 1,395 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 28,000 individuals who were identified by DHS as in the country illegally while they were incarcerated at TDCJ. 10,384 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 October 31, 2019, these 10,384 individual identified as illegal aliens while in prison, but who were not previously identified through PEP, were charged with more than 7,000 criminal offenses which included arrests for 94 homicide charges; 872 assault charges; 510 burglary charges; 1,368 drug charges; 30 kidnapping charges; 332 theft charges; 684 obstructing police charges; 276 robbery charges; 586 sexual assault charges; 257 sexual offense charges; and 165 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 4,000 convictions including 71 homicide convictions; 537 assault convictions; 337 burglary convictions; 796 drug convictions; 16 kidnapping convictions; 192 theft convictions; 306 obstructing police convictions; 214 robbery convictions; 410 sexual assault convictions; 190 sexual offense convictions; and 77 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 October 31, 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 October 31, 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 305,000 criminal aliens have been booked into local Texas jails between June 1, 2011 and October 31, 2019, of which over 207,000 were classified as illegal aliens by DHS.

Over the course of their entire Texas criminal careers, these 207,000 illegal aliens were charged with more than 506,000 criminal offenses which included arrests for 1,099 homicide charges; 57,031 assault charges; 15,812 burglary charges; 64,856 drug charges; 794 kidnapping charges; 30,710 theft charges; 44,132 obstructing police charges; 3,747 robbery charges; 6,124 sexual assault charges; 7,466 sexual offense charges; and 7,268 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 230,000 convictions including 514 homicide convictions; 24,535 assault convictions; 8,198 burglary convictions; 33,215 drug convictions; 305 kidnapping convictions; 14,417 theft convictions; 21,961 obstructing police convictions; 2,065 robbery convictions; 3,205 sexual assault convictions; 3,934 sexual offense convictions; and 3,218 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 28,000 individuals who were identified by DHS as in the country illegally while they were incarcerated at TDCJ. 10,384 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 10,384 individual identified as illegal aliens while in prison, were charged with more than 47,000 criminal offenses which included arrests for 1,933 homicide charges; 5,589 assault charges; 3,616 burglary charges; 6,715 drug charges; 338 kidnapping charges; 2,674 theft charges; 3,691 obstructing police charges; 2,426 robbery charges; 2,970 sexual assault charges; 1,144 sexual offense charges; and 1,575 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 25,000 convictions including 1,146 homicide convictions; 2,833 assault convictions; 1,960 burglary convictions; 3,938 drug convictions; 149 kidnapping convictions; 1,265 theft convictions; 1,667 obstructing police convictions; 1,632 robbery convictions; 1,893 sexual assault convictions; 703 sexual offense convictions; and 624 weapon convictions.

Historical Prison Arrest Convictions
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