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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 291,000 criminal aliens have been booked into local Texas jails between June 1, 2011 and May 31, 2019, of which over 197,000 were classified as illegal aliens by DHS.

Between June 1, 2011 and May 31, 2019, these 197,000 illegal aliens were charged with more than 309,000 criminal offenses which included arrests for 561 homicide charges; 34,206 assault charges; 5,930 burglary charges; 39,034 drug charges; 439 kidnapping charges; 16,523 theft charges; 24,653 obstructing police charges; 1,730 robbery charges; 3,657 sexual assault charges; 4,878 sexual offense charges; and 3,120 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 125,000 convictions including 260 homicide convictions; 14,244 assault convictions; 3,279 burglary convictions; 18,626 drug convictions; 180 kidnapping convictions; 7,318 theft convictions; 11,704 obstructing police convictions; 1,050 robbery convictions; 1,810 sexual assault convictions; 2,422 sexual offense convictions; and 1,338 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 27,000 individuals who were identified by DHS as in the country illegally while they were incarcerated at TDCJ. 10,348 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 May 31, 2019, these 10,348 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 89 homicide charges; 828 assault charges; 501 burglary charges; 1,347 drug charges; 29 kidnapping charges; 322 theft charges; 661 obstructing police charges; 269 robbery charges; 554 sexual assault charges; 253 sexual offense charges; and 163 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 3,000 convictions including 67 homicide convictions; 506 assault convictions; 335 burglary convictions; 776 drug convictions; 14 kidnapping convictions; 188 theft convictions; 302 obstructing police convictions; 209 robbery convictions; 393 sexual assault convictions; 182 sexual offense convictions; and 74 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 May 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 May 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 291,000 criminal aliens have been booked into local Texas jails between June 1, 2011 and May 31, 2019, of which over 197,000 were classified as illegal aliens by DHS.

Over the course of their entire Texas criminal careers, these 197,000 illegal aliens were charged with more than 485,000 criminal offenses which included arrests for 1,046 homicide charges; 54,456 assault charges; 15,300 burglary charges; 62,452 drug charges; 740 kidnapping charges; 29,754 theft charges; 42,509 obstructing police charges; 3,628 robbery charges; 5,835 sexual assault charges; 7,121 sexual offense charges; and 6,986 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 225,000 convictions including 491 homicide convictions; 23,587 assault convictions; 7,954 burglary convictions; 32,213 drug convictions; 294 kidnapping convictions; 14,041 theft convictions; 21,366 obstructing police convictions; 1,999 robbery convictions; 3,081 sexual assault convictions; 3,800 sexual offense convictions; and 3,120 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 27,000 individuals who were identified by DHS as in the country illegally while they were incarcerated at TDCJ. 10,348 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 10,348 individual identified as illegal aliens while in prison, were charged with more than 47,000 criminal offenses which included arrests for 1,931 homicide charges; 5,562 assault charges; 3,643 burglary charges; 6,717 drug charges; 339 kidnapping charges; 2,676 theft charges; 3,701 obstructing police charges; 2,433 robbery charges; 2,959 sexual assault charges; 1,152 sexual offense charges; and 1,577 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 25,000 convictions including 1,141 homicide convictions; 2,813 assault convictions; 1,973 burglary convictions; 3,930 drug convictions; 147 kidnapping convictions; 1,268 theft convictions; 1,683 obstructing police convictions; 1,638 robbery convictions; 1,892 sexual assault convictions; 704 sexual offense convictions; and 622 weapon convictions.

Historical Prison Arrest Convictions
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