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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 282,000 criminal aliens have been booked into local Texas jails between June 1, 2011 and February 28, 2019, of which over 191,000 were classified as illegal aliens by DHS.

Between June 1, 2011 and February 28, 2019, these 191,000 illegal aliens were charged with more than 299,000 criminal offenses which included arrests for 545 homicide charges; 33,082 assault charges; 5,779 burglary charges; 37,689 drug charges; 411 kidnapping charges; 16,119 theft charges; 23,914 obstructing police charges; 1,679 robbery charges; 3,516 sexual assault charges; 4,722 sexual offense charges; and 3,007 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 122,000 convictions including 245 homicide convictions; 13,801 assault convictions; 3,176 burglary convictions; 18,105 drug convictions; 175 kidnapping convictions; 7,160 theft convictions; 11,421 obstructing police convictions; 1,021 robbery convictions; 1,731 sexual assault convictions; 2,376 sexual offense convictions; and 1,297 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. 10,320 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 February 28, 2019, these 10,320 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 87 homicide charges; 805 assault charges; 485 burglary charges; 1,298 drug charges; 24 kidnapping charges; 316 theft charges; 648 obstructing police charges; 267 robbery charges; 536 sexual assault charges; 235 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 65 homicide convictions; 490 assault convictions; 332 burglary convictions; 758 drug convictions; 11 kidnapping convictions; 188 theft convictions; 293 obstructing police convictions; 205 robbery convictions; 380 sexual assault convictions; 170 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 February 28, 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 February 28, 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 282,000 criminal aliens have been booked into local Texas jails between June 1, 2011 and February 28, 2019, of which over 191,000 were classified as illegal aliens by DHS.

Over the course of their entire Texas criminal careers, these 191,000 illegal aliens were charged with more than 471,000 criminal offenses which included arrests for 1,026 homicide charges; 53,056 assault charges; 15,055 burglary charges; 60,799 drug charges; 709 kidnapping charges; 29,203 theft charges; 41,540 obstructing police charges; 3,549 robbery charges; 5,674 sexual assault charges; 6,948 sexual offense charges; and 6,829 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 217,000 convictions including 474 homicide convictions; 23,020 assault convictions; 7,808 burglary convictions; 31,500 drug convictions; 289 kidnapping convictions; 13,813 theft convictions; 20,954 obstructing police convictions; 1,959 robbery convictions; 2,987 sexual assault convictions; 3,742 sexual offense convictions; and 3,059 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. 10,320 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 10,320 individual identified as illegal aliens while in prison, were charged with more than 47,000 criminal offenses which included arrests for 1,929 homicide charges; 5,546 assault charges; 3,628 burglary charges; 6,672 drug charges; 334 kidnapping charges; 2,670 theft charges; 3,702 obstructing police charges; 2,432 robbery charges; 2,950 sexual assault charges; 1,134 sexual offense charges; and 1,571 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 25,000 convictions including 1,137 homicide convictions; 2,800 assault convictions; 1,970 burglary convictions; 3,915 drug convictions; 144 kidnapping convictions; 1,269 theft convictions; 1,678 obstructing police convictions; 1,635 robbery convictions; 1,885 sexual assault convictions; 693 sexual offense convictions; and 619 weapon convictions.

Historical Prison Arrest Convictions
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