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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 315,000 criminal aliens have been booked into local Texas jails between June 1, 2011 and February 29, 2020, of which over 214,000 were classified as illegal aliens by DHS.

Between June 1, 2011 and February 29, 2020, these 214,000 illegal aliens were charged with more than 340,000 criminal offenses which included arrests for 614 homicide charges; 37,900 assault charges; 6,407 burglary charges; 42,324 drug charges; 510 kidnapping charges; 17,734 theft charges; 26,800 obstructing police charges; 1,872 robbery charges; 4,075 sexual assault charges; 5,335 sexual offense charges; and 3,438 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 135,000 convictions including 286 homicide convictions; 15,552 assault convictions; 3,491 burglary convictions; 19,861 drug convictions; 201 kidnapping convictions; 7,710 theft convictions; 12,440 obstructing police convictions; 1,132 robbery convictions; 2,009 sexual assault convictions; 2,620 sexual offense convictions; and 1,443 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. 10,391 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 29, 2020, these 10,391 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 97 homicide charges; 920 assault charges; 510 burglary charges; 1,393 drug charges; 32 kidnapping charges; 340 theft charges; 700 obstructing police charges; 284 robbery charges; 605 sexual assault charges; 272 sexual offense charges; and 164 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 4,000 convictions including 73 homicide convictions; 559 assault convictions; 336 burglary convictions; 816 drug convictions; 17 kidnapping convictions; 194 theft convictions; 314 obstructing police convictions; 219 robbery convictions; 424 sexual assault convictions; 201 sexual offense convictions; and 78 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 29, 2020 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 29, 2020 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 315,000 criminal aliens have been booked into local Texas jails between June 1, 2011 and February 29, 2020, of which over 214,000 were classified as illegal aliens by DHS.

Over the course of their entire Texas criminal careers, these 214,000 illegal aliens were charged with more than 522,000 criminal offenses which included arrests for 1,128 homicide charges; 58,935 assault charges; 16,181 burglary charges; 66,581 drug charges; 824 kidnapping charges; 31,409 theft charges; 45,337 obstructing police charges; 3,836 robbery charges; 6,337 sexual assault charges; 7,675 sexual offense charges; and 7,445 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 236,000 convictions including 533 homicide convictions; 25,274 assault convictions; 8,364 burglary convictions; 33,923 drug convictions; 321 kidnapping convictions; 14,650 theft convictions; 22,455 obstructing police convictions; 2,116 robbery convictions; 3,328 sexual assault convictions; 4,052 sexual offense convictions; and 3,289 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. 10,391 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 10,391 individual identified as illegal aliens while in prison, were charged with more than 47,000 criminal offenses which included arrests for 1,935 homicide charges; 5,615 assault charges; 3,589 burglary charges; 6,726 drug charges; 338 kidnapping charges; 2,680 theft charges; 3,692 obstructing police charges; 2,432 robbery charges; 2,954 sexual assault charges; 1,143 sexual offense charges; and 1,568 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 25,000 convictions including 1,150 homicide convictions; 2,853 assault convictions; 1,958 burglary convictions; 3,954 drug convictions; 148 kidnapping convictions; 1,271 theft convictions; 1,672 obstructing police convictions; 1,637 robbery convictions; 1,889 sexual assault convictions; 647 sexual offense convictions; and 624 weapon convictions.

Historical Prison Arrest Convictions
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