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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 318,000 criminal aliens have been booked into local Texas jails between June 1, 2011 and April 30, 2020, of which over 217,000 were classified as illegal aliens by DHS.

Between June 1, 2011 and April 30, 2020, these 217,000 illegal aliens were charged with more than 340,000 criminal offenses which included arrests for 622 homicide charges; 38,747 assault charges; 6,545 burglary charges; 42,864 drug charges; 521 kidnapping charges; 17,911 theft charges; 27,154 obstructing police charges; 1,902 robbery charges; 4,143 sexual assault charges; 5,393 sexual offense charges; and 3,506 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 137,000 convictions including 288 homicide convictions; 15,790 assault convictions; 3,528 burglary convictions; 20,069 drug convictions; 204 kidnapping convictions; 7,773 theft convictions; 12,563 obstructing police convictions; 1,148 robbery convictions; 2,037 sexual assault convictions; 2,650 sexual offense convictions; and 1,452 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. 10,439 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 April 30, 2020, these 10,439 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 98 homicide charges; 940 assault charges; 518 burglary charges; 1,427 drug charges; 35 kidnapping charges; 349 theft charges; 719 obstructing police charges; 291 robbery charges; 612 sexual assault charges; 275 sexual offense charges; and 169 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 4,000 convictions including 74 homicide convictions; 570 assault convictions; 340 burglary convictions; 829 drug convictions; 19 kidnapping convictions; 196 theft convictions; 324 obstructing police convictions; 226 robbery convictions; 435 sexual assault convictions; 204 sexual offense convictions; and 79 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 April 30, 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 April 30, 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 318,000 criminal aliens have been booked into local Texas jails between June 1, 2011 and April 30, 2020, of which over 217,000 were classified as illegal aliens by DHS.

Over the course of their entire Texas criminal careers, these 217,000 illegal aliens were charged with more than 528,000 criminal offenses which included arrests for 1,137 homicide charges; 59,869 assault charges; 16,380 burglary charges; 67,268 drug charges; 837 kidnapping charges; 31,657 theft charges; 45,762 obstructing police charges; 3,878 robbery charges; 6,412 sexual assault charges; 7,741 sexual offense charges; and 7,539 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 238,000 convictions including 535 homicide convictions; 25,560 assault convictions; 8,425 burglary convictions; 34,231 drug convictions; 324 kidnapping convictions; 14,741 theft convictions; 22,613 obstructing police convictions; 2,136 robbery convictions; 3,358 sexual assault convictions; 4,086 sexual offense convictions; and 3,318 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. 10,439 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 10,439 individual identified as illegal aliens while in prison, were charged with more than 47,000 criminal offenses which included arrests for 1,934 homicide charges; 5,631 assault charges; 3,590 burglary charges; 6,752 drug charges; 341 kidnapping charges; 2,690 theft charges; 3,702 obstructing police charges; 2,436 robbery charges; 2,959 sexual assault charges; 1,146 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 1,151 homicide convictions; 2,862 assault convictions; 1,960 burglary convictions; 3,959 drug convictions; 150 kidnapping convictions; 1,274 theft convictions; 1,675 obstructing police convictions; 1,641 robbery convictions; 1,900 sexual assault convictions; 710 sexual offense convictions; and 621 weapon convictions.

Historical Prison Arrest Convictions
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