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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 302,000 criminal aliens have been booked into local Texas jails between June 1, 2011 and September 30, 2019, of which over 205,000 were classified as illegal aliens by DHS.

Between June 1, 2011 and September 30, 2019, these 205,000 illegal aliens were charged with more than 324,000 criminal offenses which included arrests for 586 homicide charges; 35,874 assault charges; 6,135 burglary charges; 40,533 drug charges; 475 kidnapping charges; 17,012 theft charges; 25,613 obstructing police charges; 1,791 robbery charges; 3,849 sexual assault charges; 5,123 sexual offense charges; and 3,272 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 130,000 convictions including 271 homicide convictions; 14,812 assault convictions; 3,372 burglary convictions; 19,153 drug convictions; 186 kidnapping convictions; 7,495 theft convictions; 12,015 obstructing police convictions; 1,084 robbery convictions; 1,894 sexual assault convictions; 2,513 sexual offense convictions; and 1,381 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. 10,389 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 September 30, 2019, these 10,389 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 93 homicide charges; 872 assault charges; 512 burglary charges; 1,371 drug charges; 30 kidnapping charges; 332 theft charges; 682 obstructing police charges; 274 robbery charges; 584 sexual assault charges; 255 sexual offense charges; and 165 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 4,000 convictions including 70 homicide convictions; 529 assault convictions; 339 burglary convictions; 796 drug convictions; 16 kidnapping convictions; 191 theft convictions; 306 obstructing police convictions; 213 robbery convictions; 410 sexual assault convictions; 189 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 September 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 September 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 302,000 criminal aliens have been booked into local Texas jails between June 1, 2011 and September 30, 2019, of which over 205,000 were classified as illegal aliens by DHS.

Over the course of their entire Texas criminal careers, these 205,000 illegal aliens were charged with more than 502,000 criminal offenses which included arrests for 1,090 homicide charges; 56,524 assault charges; 15,684 burglary charges; 64,389 drug charges; 783 kidnapping charges; 30,474 theft charges; 43,795 obstructing police charges; 3,722 robbery charges; 6,057 sexual assault charges; 7,399 sexual offense charges; and 7,212 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 228,000 convictions including 511 homicide convictions; 24,321 assault convictions; 8,136 burglary convictions; 32,965 drug convictions; 304 kidnapping convictions; 14,319 theft convictions; 21,823 obstructing police convictions; 2,053 robbery convictions; 3,179 sexual assault convictions; 3,905 sexual offense convictions; and 3,196 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. 10,389 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 10,389 individual identified as illegal aliens while in prison, were charged with more than 47,000 criminal offenses which included arrests for 1,932 homicide charges; 5,581 assault charges; 3,624 burglary charges; 6,720 drug charges; 339 kidnapping charges; 2,675 theft charges; 3,688 obstructing police charges; 2,426 robbery charges; 2,980 sexual assault charges; 1,150 sexual offense charges; and 1,576 weapon charges. DPS criminal history records reflect those criminal charges have thus far resulted in over 25,000 convictions including 1,145 homicide convictions; 2,826 assault convictions; 1,967 burglary convictions; 3,938 drug convictions; 149 kidnapping convictions; 1,265 theft convictions; 1,668 obstructing police convictions; 1,631 robbery convictions; 1,903 sexual assault convictions; 709 sexual offense convictions; and 624 weapon convictions.

Historical Prison Arrest Convictions
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