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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 310,000 criminal aliens have been booked into local Texas jails between June 1, 2011 and December 31, 2019, of which over 211,000 were classified as illegal aliens by DHS.

Between June 1, 2011 and December 31, 2019, these 211,000 illegal aliens were charged with more than 333,000 criminal offenses which included arrests for 606 homicide charges; 37,128 assault charges; 6,309 burglary charges; 41,605 drug charges; 495 kidnapping charges; 17,475 theft charges; 26,354 obstructing police charges; 1,826 robbery charges; 3,974 sexual assault charges; 5,253 sexual offense charges; and 3,371 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 133,000 convictions including 280 homicide convictions; 15,279 assault convictions; 3,446 burglary convictions; 19,613 drug convictions; 195 kidnapping convictions; 7,629 theft convictions; 12,263 obstructing police convictions; 1,106 robbery convictions; 1,949 sexual assault convictions; 2,578 sexual offense convictions; and 1,420 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. 10,406 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 December 31, 2019, these 10,406 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; 907 assault charges; 503 burglary charges; 1,393 drug charges; 32 kidnapping charges; 339 theft charges; 695 obstructing police charges; 282 robbery charges; 612 sexual assault charges; 269 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; 554 assault convictions; 331 burglary convictions; 806 drug convictions; 17 kidnapping convictions; 196 theft convictions; 309 obstructing police convictions; 218 robbery convictions; 428 sexual assault convictions; 201 sexual offense convictions; and 77 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 December 31, 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 December 31, 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 310,000 criminal aliens have been booked into local Texas jails between June 1, 2011 and December 31, 2019, of which over 211,000 were classified as illegal aliens by DHS.

Over the course of their entire Texas criminal careers, these 211,000 illegal aliens were charged with more than 514,000 criminal offenses which included arrests for 1,115 homicide charges; 58,000 assault charges; 15,983 burglary charges; 65,720 drug charges; 808 kidnapping charges; 31,080 theft charges; 44,716 obstructing police charges; 3,781 robbery charges; 6,215 sexual assault charges; 7,573 sexual offense charges; and 7,351 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 233,000 convictions including 524 homicide convictions; 24,922 assault convictions; 8,277 burglary convictions; 33,596 drug convictions; 314 kidnapping convictions; 14,536 theft convictions; 22,193 obstructing police convictions; 2,087 robbery convictions; 3,253 sexual assault convictions; 4,003 sexual offense convictions; and 3,255 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. 10,406 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 10,406 individual identified as illegal aliens while in prison, were charged with more than 47,000 criminal offenses which included arrests for 1,936 homicide charges; 5,615 assault charges; 3,594 burglary charges; 6,731 drug charges; 339 kidnapping charges; 2,681 theft charges; 3,698 obstructing police charges; 2,432 robbery charges; 2,978 sexual assault charges; 1,151 sexual offense charges; and 1,570 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 25,000 convictions including 1,151 homicide convictions; 2,853 assault convictions; 1,957 burglary convictions; 3,947 drug convictions; 149 kidnapping convictions; 1,273 theft convictions; 1,672 obstructing police convictions; 1,638 robbery convictions; 1,906 sexual assault convictions; 710 sexual offense convictions; and 624 weapon convictions.

Historical Prison Arrest Convictions
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