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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 264,000 criminal aliens have been booked into local Texas jails between June 1, 2011 and August 31, 2018, of which over 177,000 were classified as illegal aliens by DHS.

Between June 1, 2011 and August 31, 2018, these 177,000 illegal aliens were charged with more than 277,000 criminal offenses which included arrests for 510 homicide charges; 30,866 assault charges; 5,455 burglary charges; 35,071 drug charges; 370 kidnapping charges; 15,211 theft charges; 22,503 obstructing police charges; 1,596 robbery charges; 3,257 sexual assault charges; 2,049 sexual offense charges; and 2,794 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 114,000 convictions including 229 homicide convictions; 12,801 assault convictions; 3,016 burglary convictions; 17,002 drug convictions; 159 kidnapping convictions; 6,820 theft convictions; 10,846 obstructing police convictions; 962 robbery convictions; 1,596 sexual assault convictions; 1,087 sexual offense convictions; and 1,215 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. At this time, more than 25,000 incarcerated individuals have been identified as being in the country illegally, 10,254 of which were not identified through the PEP program at the time of their arrest.

Lawful Presence Determined While Incarcerated at TDCJ

Between June 1, 2011 and August 31, 2018, these 10,254 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 83 homicide charges; 746 assault charges; 472 burglary charges; 1,237 drug charges; 19 kidnapping charges; 306 theft charges; 622 obstructing police charges; 259 robbery charges; 497 sexual assault charges; 212 sexual offense charges; and 148 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 3,000 convictions including 62 homicide convictions; 448 assault convictions; 324 burglary convictions; 722 drug convictions; 8 kidnapping convictions; 174 theft convictions; 278 obstructing police convictions; 200 robbery convictions; 348 sexual assault convictions; 156 sexual offense convictions; and 67 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 August 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 August 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 264,000 criminal aliens have been booked into local Texas jails between June 1, 2011 and August 31, 2018, of which over 177,000 were classified as illegal aliens by DHS.

Over the course of their entire Texas criminal careers, these 177,000 illegal aliens were charged with more than 442,000 criminal offenses which included arrests for 977 homicide charges; 49,990 assault charges; 14,359 burglary charges; 57,140 drug charges; 656 kidnapping charges; 27,574 theft charges; 39,445 obstructing police charges; 3,374 robbery charges; 5,332 sexual assault charges; 3,258 sexual offense charges; and 6,448 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 205,000 convictions including 454 homicide convictions; 21,511 assault convictions; 7,445 burglary convictions; 29,663 drug convictions; 266 kidnapping convictions; 13,050 theft convictions; 19,946 obstructing police convictions; 1,850 robbery convictions; 2,816 sexual assault convictions; 1,751 sexual offense convictions; and 2,886 weapon convictions.

Historical Illegal Arrest Convictions
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Lawful Presence Determined While Incarcerated at TDCJ

At this time, more than 25,000 incarcerated individuals have been identified as being in the country illegally, 10,254 of which were not identified through the PEP program at the time of their arrest. Over the course of their entire Texas criminal careers, these 10,254 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; 5,512 assault charges; 3,649 burglary charges; 6,666 drug charges; 332 kidnapping charges; 2,693 theft charges; 3,713 obstructing police charges; 2,445 robbery charges; 2,921 sexual assault charges; 1,042 sexual offense charges; and 1,574 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 25,000 convictions including 1,135 homicide convictions; 2,767 assault convictions; 1,984 burglary convictions; 3,914 drug convictions; 141 kidnapping convictions; 1,270 theft convictions; 1,684 obstructing police convictions; 1,640 robbery convictions; 1,857 sexual assault convictions; 628 sexual offense convictions; and 619 weapon convictions.

Historical Prison Arrest Convictions
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