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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 307,000 criminal aliens have been booked into local Texas jails between June 1, 2011 and November 30, 2019, of which over 209,000 were classified as illegal aliens by DHS.

Between June 1, 2011 and November 30, 2019, these 209,000 illegal aliens were charged with more than 330,000 criminal offenses which included arrests for 603 homicide charges; 36,723 assault charges; 6,255 burglary charges; 41,212 drug charges; 487 kidnapping charges; 17,325 theft charges; 26,115 obstructing police charges; 1,811 robbery charges; 3,941 sexual assault charges; 5,210 sexual offense charges; and 3,336 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 132,000 convictions including 276 homicide convictions; 15,121 assault convictions; 3,418 burglary convictions; 19,477 drug convictions; 192 kidnapping convictions; 7,586 theft convictions; 12,174 obstructing police convictions; 1,096 robbery convictions; 1,932 sexual assault convictions; 2,551 sexual offense convictions; and 1,409 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. 10,387 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 November 30, 2019, these 10,387 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 96 homicide charges; 896 assault charges; 509 burglary charges; 1,379 drug charges; 30 kidnapping charges; 335 theft charges; 690 obstructing police charges; 276 robbery charges; 595 sexual assault charges; 262 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 72 homicide convictions; 545 assault convictions; 334 burglary convictions; 800 drug convictions; 16 kidnapping convictions; 196 theft convictions; 306 obstructing police convictions; 214 robbery convictions; 417 sexual assault convictions; 195 sexual offense convictions; and 76 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 November 30, 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 November 30, 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 307,000 criminal aliens have been booked into local Texas jails between June 1, 2011 and November 30, 2019, of which over 209,000 were classified as illegal aliens by DHS.

Over the course of their entire Texas criminal careers, these 209,000 illegal aliens were charged with more than 510,000 criminal offenses which included arrests for 1,112 homicide charges; 57,548 assault charges; 15,885 burglary charges; 65,259 drug charges; 799 kidnapping charges; 30,875 theft charges; 44,423 obstructing police charges; 3,758 robbery charges; 6,171 sexual assault charges; 7,518 sexual offense charges; and 7,304 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 231,000 convictions including 520 homicide convictions; 24,732 assault convictions; 8,229 burglary convictions; 33,411 drug convictions; 311 kidnapping convictions; 14,462 theft convictions; 22,056 obstructing police convictions; 2,072 robbery convictions; 3,232 sexual assault convictions; 3,967 sexual offense convictions; and 3,241 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. 10,387 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 10,387 individual identified as illegal aliens while in prison, were charged with more than 47,000 criminal offenses which included arrests for 1,935 homicide charges; 5,600 assault charges; 3,611 burglary charges; 6,724 drug charges; 336 kidnapping charges; 2,679 theft charges; 3,692 obstructing police charges; 2,426 robbery charges; 2,975 sexual assault charges; 1,146 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 1,146 homicide convictions; 2,842 assault convictions; 1,959 burglary convictions; 3,940 drug convictions; 148 kidnapping convictions; 1,271 theft convictions; 1,667 obstructing police convictions; 1,632 robbery convictions; 1,896 sexual assault convictions; 706 sexual offense convictions; and 623 weapon convictions.

Historical Prison Arrest Convictions
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