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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 258,000 criminal aliens have been booked into local Texas jails between June 1, 2011 and June 30, 2018, of which over 173,000 were classified as illegal aliens by DHS.

Between June 1, 2011 and June 30, 2018, these 173,000 illegal aliens were charged with more than 269,000 criminal offenses which included arrests for 502 homicide charges; 29,912 assault charges; 5,327 burglary charges; 34,068 drug charges; 360 kidnapping charges; 14,939 theft charges; 21,919 obstructing police charges; 1,545 robbery charges; 3,158 sexual assault charges; 1,987 sexual offense charges; and 2,698 weapon charges.  DPS criminal history records reflect those criminal charges have thus far resulted in over 111,000 convictions including 222 homicide convictions; 12,387 assault convictions; 2,936 burglary convictions; 16,565 drug convictions; 150 kidnapping convictions; 6,690 theft convictions; 10,602 obstructing police convictions; 938 robbery convictions; 1,547 sexual assault convictions; 1,063 sexual offense convictions; and 1,178 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, 10,204 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 June 30, 2018, these 10,204 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 81 homicide charges; 714 assault charges; 443 burglary charges; 1,197 drug charges; 18 kidnapping charges; 292 theft charges; 593 obstructing police charges; 243 robbery charges; 478 sexual assault charges; 206 sexual offense charges; and 143 weapon charges.  DPS criminal history records reflect those criminal charges have thus far resulted in over 3,000 convictions including 61 homicide convictions; 430 assault convictions; 306 burglary convictions; 703 drug convictions; 8 kidnapping convictions; 170 theft convictions; 270 obstructing police convictions; 185 robbery convictions; 337 sexual assault convictions; 151 sexual offense convictions; and 66 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 June 30, 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 June 30, 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 258,000 criminal aliens have been booked into local Texas jails between June 1, 2011 and June 30, 2018, of which over 173,000 were classified as illegal aliens by DHS.

Over the course of their entire Texas criminal careers, these 173,000 illegal aliens were charged with more than 432,000 criminal offenses which included arrests for 965 homicide charges; 48,780 assault charges; 14,110 burglary charges; 55,822 drug charges; 640 kidnapping charges; 27,153 theft charges; 38,651 obstructing police charges; 3,294 robbery charges; 5,205 sexual assault charges; 3187 sexual offense charges; and 6,300 weapon charges.  DPS criminal history records reflect those criminal charges have thus far resulted in over 200,000 convictions including 445 homicide convictions; 20,981 assault convictions; 7,294 burglary convictions; 29,037 drug convictions; 254 kidnapping convictions; 12,856 theft convictions; 19,588 obstructing police convictions; 1,808 robbery convictions; 2,743 sexual assault convictions; 1,725 sexual offense convictions; and 2,829 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, 10,204 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 10,204 individual identified as illegal aliens while in prison, were charged with more than 46,000 criminal offenses which included arrests for 1,926 homicide charges; 5,496 assault charges; 3,612 burglary charges; 6,635 drug charges; 334 kidnapping charges; 2,673 theft charges; 3,697 obstructing police charges; 2,435 robbery charges; 2,921 sexual assault charges; 1,037 sexual offense charges; and 1,573 weapon charges.  DPS criminal history records reflect those criminal charges have thus far resulted in over 25,000 convictions including 1,133 homicide convictions; 2,758 assault convictions; 1,962 burglary convictions; 3,906 drug convictions; 144 kidnapping convictions; 1,262 theft convictions; 1,680 obstructing police convictions; 1,630 robbery convictions; 1,862 sexual assault convictions; 623 sexual offense convictions; and 619 weapon convictions.

Historical Prison Arrest Convictions
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