Texas Criminal Illegal Alien Data

August 27, 2020

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 437,000 criminal aliens have been booked into local Texas jails between June 1, 2011, and June 30, 2024, of which over 308,000 were classified as illegal aliens by DHS.

Between June 1, 2011, and June 30, 2024, these 308,000 illegal aliens were charged with more than 533,000 criminal offenses which included arrests for 997 homicide charges; 68,104 assault charges; 9,643 burglary charges; 62,459 drug charges; 1,245 kidnapping charges; 26,900 theft charges; 41,616 obstructing police charges; 3,056 robbery charges; 6,744 sexual assault charges; 7,763 sexual offense charges; and 6,560 weapon charges.  DPS criminal history records reflect those criminal charges have thus far resulted in over 196,000 convictions including 498 homicide convictions; 24,800 assault convictions; 4,881 burglary convictions; 25,815 drug convictions; 354 kidnapping convictions; 10,110 theft convictions; 16,321 obstructing police convictions; 1,704 robbery convictions; 3,228 sexual assault convictions; 3,537 sexual offense convictions; and 2,138 weapon convictions.

Criminal Aliens Chart 1 
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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 32,000 individuals who were identified by DHS as in the country illegally while they were incarcerated at TDCJ. 10,748 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 June 30, 2024, these 10,748 individual identified as illegal aliens while in prison, but who were not previously identified through PEP, were charged with more than 9,000 criminal offenses which included arrests for 134 homicide charges; 1,286 assault charges; 554 burglary charges; 1,795 drug charges; 57 kidnapping charges; 516 theft charges; 937 obstructing police charges; 376 robbery charges; 834 sexual assault charges; 397 sexual offense charges; and 241 weapon charges.  DPS criminal history records reflect those criminal charges have thus far resulted in over 5,000 convictions including 104 homicide convictions; 756 assault convictions; 364 burglary convictions; 1,002 drug convictions; 32 kidnapping convictions; 270 theft convictions; 422 obstructing police convictions; 282 robbery convictions; 610 sexual assault convictions; 288 sexual offense convictions; and 100 weapon convictions.                   

Criminal Aliens Chart 2 
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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 June 30, 2024, 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 June 30, 2024, 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:

  • These figures only count arrests in Texas for state offenses.  These individuals may have criminal records in other states.
  • These figures only represent offenses and convictions that are associated with arrest events that occurred between June 1, 2011, and June 30, 2024.
  • The criminal activity for individuals identified as illegal while in prison is under represented for this time period because they may have been incarcerated during the time frame used in this report.
  • These figures do not count federal criminal charges.
  • These figures do not include similar data for foreign nationals who are lawfully in the country and commit state criminal offenses.
  • Individuals whose lawful presence was determined while in prison may or may not be currently incarcerated.

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 437,000 criminal aliens have been booked into local Texas jails between June 1, 2011, and June 30, 2024, of which over 308,000 were classified as illegal aliens by DHS.

Over the course of their entire Texas criminal careers, these 308,000 illegal aliens were charged with more than 741,000 criminal offenses which included arrests for 1,592 homicide charges; 92,183 assault charges; 20,811 burglary charges; 90,117 drug charges; 1,597 kidnapping charges; 42,396 theft charges; 62,710 obstructing police charges; 5,293 robbery charges; 9,218 sexual assault charges; 10,389 sexual offense charges; and 11,193 weapon charges.  DPS criminal history records reflect those criminal charges have thus far resulted in over 311,000 convictions including 788 homicide convictions; 36,037 assault convictions; 10,471 burglary convictions; 41,831 drug convictions; 487 kidnapping convictions; 17,988 theft convictions; 27,693 obstructing police convictions; 2,839 robbery convictions; 4,653 sexual assault convictions; 5,143 sexual offense convictions; and 4,296 weapon convictions.

Criminal Aliens Chart 3 
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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 32,000 individuals who were identified by DHS as in the country illegally while they were incarcerated at TDCJ.10,748 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 10,748 individuals identified as illegal aliens while in prison, were charged with more than 48,000 criminal offenses which included arrests for 1,942 homicide charges; 5,792 assault charges; 3,501 burglary charges; 6,998 drug charges; 354 kidnapping charges; 2,787 theft charges; 3,787 obstructing police charges; 2,430 robbery charges; 3,159 sexual assault charges; 1,259 sexual offense charges; and 1,584 weapon charges.  DPS criminal history records reflect those criminal charges have thus far resulted in over 26,000 convictions including 1,168 homicide convictions; 2,970 assault convictions; 1,928 burglary convictions; 4,054 drug convictions; 159 kidnapping convictions; 1,326 theft convictions; 1,730 obstructing police convictions; 1,647 robbery convictions; 2,066 sexual assault convictions; 794 sexual offense convictions; and 618 weapon convictions.              

Historical Arrest and Conviction Data

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The reports used to update the above data were ran on July 1, 2024. This data is accurate and true on the date the reports were created. Please be advised that data can change any time after the report was processed.