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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 270,000 criminal aliens have been booked into local Texas jails between June 1, 2011 and October 31, 2018, of which over 182,000 were classified as illegal aliens by DHS.

Between June 1, 2011 and October 31, 2018, these 182,000 illegal aliens were charged with more than 284,000 criminal offenses which included arrests for 530 homicide charges; 31,658 assault charges; 5,575 burglary charges; 35,956 drug charges; 386 kidnapping charges; 15,528 theft charges; 23,037 obstructing police charges; 1,621 robbery charges; 3,339 sexual assault charges; 2,108 sexual offense charges; and 2,865 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 117,000 convictions including 235 homicide convictions; 13,168 assault convictions; 3,083 burglary convictions; 17,413 drug convictions; 165 kidnapping convictions; 6,946 theft convictions; 11,081 obstructing police convictions; 987 robbery convictions; 1,641 sexual assault convictions; 1,124 sexual offense convictions; and 1,245 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 26,000 incarcerated individuals have been identified as being in the country illegally, 10,299 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 October 31, 2018, these 10,299 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; 768 assault charges; 484 burglary charges; 1,266 drug charges; 19 kidnapping charges; 311 theft charges; 636 obstructing police charges; 261 robbery charges; 514 sexual assault charges; 221 sexual offense charges; and 154 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 3,000 convictions including 63 homicide convictions; 462 assault convictions; 329 burglary convictions; 738 drug convictions; 8 kidnapping convictions; 178 theft convictions; 283 obstructing police convictions; 202 robbery convictions; 360 sexual assault convictions; 161 sexual offense convictions; and 69 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, 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 October 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 270,000 criminal aliens have been booked into local Texas jails between June 1, 2011 and October 31, 2018, of which over 182,000 were classified as illegal aliens by DHS.

Over the course of their entire Texas criminal careers, these 182,000 illegal aliens were charged with more than 452,000 criminal offenses which included arrests for 1,000 homicide charges; 51,134 assault charges; 14,621 burglary charges; 58,333 drug charges; 678 kidnapping charges; 28,130 theft charges; 40,192 obstructing police charges; 3,432 robbery charges; 5,449 sexual assault charges; 3,335 sexual offense charges; and 6,554 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 209,000 convictions including 460 homicide convictions; 22,082 assault convictions; 7,572 burglary convictions; 30,288 drug convictions; 274 kidnapping convictions; 13,307 theft convictions; 20,316 obstructing police convictions; 1,892 robbery convictions; 2,873 sexual assault convictions; 1,801 sexual offense convictions; and 2,931 weapon convictions.

Historical Illegal Arrest Convictions
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Lawful Presence Determined While Incarcerated at TDCJ

At this time, more than 26,000 incarcerated individuals have been identified as being in the country illegally, 10,299 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 10,299 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; 5,525 assault charges; 3,653 burglary charges; 6,686 drug charges; 332 kidnapping charges; 2,688 theft charges; 3,721 obstructing police charges; 2,443 robbery charges; 2,937 sexual assault charges; 1,050 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; 2,777 assault convictions; 1,988 burglary convictions; 3,920 drug convictions; 141 kidnapping convictions; 1,268 theft convictions; 1,682 obstructing police convictions; 1,639 robbery convictions; 1,870 sexual assault convictions; 632 sexual offense convictions; and 620 weapon convictions.

Historical Prison Arrest Convictions
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