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Texas DPS: Over 443,000 criminal noncitizens booked in Texas jails

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From The Center Square

Charged with 775,000 criminal offenses, 316,000 convictions

Noncitizens, including those in the country illegally, are committing crimes, and they’re being charged, imprisoned and convicted for them in Texas.

A new report by the Texas Department of Public Safety highlights the extent of criminal charges, it says, not “to allege that foreign nationals in the country illegally commit more crimes than other groups” but to identify “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.”

The data, covering roughly 13 years from June 1, 2011, through Sept. 30, 2024, represents “the minimum number of crimes associated with criminal illegal noncitizens” charged with committing state offenses.

The data is broken down into several categories based on Texas’s participation with the Department of Homeland Security’s Secure Communities program, which enables DHS to work with state and local law enforcement to take custody of those posing a danger to public safety.

The program begins at the local level where the offender is arrested and booked by a Texas law enforcement officer. Fingerprints are submitted to Texas DPS and the FBI for criminal history and warrant checks. Biometric data is sent to DHS and U.S. Immigration and Customs Enforcement to obtain immigration and removal status.

The data is reported by category: 1) those known to DHS (their fingerprints are in DHS’s database); 2) those who illegally entered the country and evaded capture, known as gotaways, who were later arrested by local or state law enforcement officers for a state offense; 3) those DHS adjudicates in the immigration system held in Texas prisons.

TCS DPS migrant crime data
Historical Arrest and Conviction Data for Select Offenses Associated with Incarcerated Illegal Criminal Noncitizens

In the first category, criminal noncitizens previously known to DHS, more than 443,000 were booked into local Texas jails during the timeframe evaluated. The majority, 314,000, were in the country illegally.

The 314,000 were charged with more than 546,000 criminal offenses, according to the report. They include arrests for homicide (1,011), assault (70,230), burglary (9,787), drugs (63,886), kidnapping (1,292), theft (27,520), obstructing police (42,581), robbery (3,123), sexual assault (6,943), sexual offense (7,953) and weapons (6,748).

These charges resulted in more than 200,000 convictions.

During this timeframe, more than 32,000 in the second category were incarcerated by the Texas Department of Criminal Justice. Among them, 10,738 weren’t identified through DHS’s Secure Communities program at the time of their arrest.

The 10,738 criminal illegal foreign nationals incarcerated in TDCJ facilities were charged with more than 10,000 criminal offenses, according to the report. They include arrests for homicide (134), assault (1,294), burglary (573), drugs (1,809), kidnapping (57), theft (517), obstructing police (950), robbery (375), sexual assault (834), sexual offense (397), and weapons (244).

These criminal charges resulted in more than 5,000 convictions, according to DPS records.

DPS also notes that the date the criminal noncitizens “were identified as illegal while in prison,” between June 1, 2011, and Sept. 30, 2024, “does not necessarily align with the size of the population of illegal noncitizens 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.”

DPS also notes that “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 a noncitizen’s entire criminal history.”

To provide “a more accurate assessment,” DPS published historical data of the Texas criminal careers of 314,000 illegal foreign nationals, which shows they were charged with more than 755,000 criminal offenses.

These include arrests for homicide (1,608), assault (94,427), burglary (21,008), drugs (91,676), kidnapping (1,645), theft (43,113), obstructing police (63,783), robbery (5,367), sexual assault (9,422), sexual offense (13,052) and weapons (11,422).

These charges resulted in more than 316,000 convictions.

When factoring in the entire Texas criminal careers of the 10,738 illegal foreign nationals incarcerated in TDCJ facilities, the charges increased to more than 48,000 criminal offenses.

DPS also notes that “the criminal activity for individuals identified as illegal while in prison is underrepresented for this time period because they may have been incarcerated during the time frame used in this report.”

The data excludes all federal and other states’ criminal charges. It also excludes foreign nationals lawfully in the U.S. charged with committing state criminal offenses.

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Trump directs feds to target cartels that threaten homeland security

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ICE agents remove Mexican drug kingpin and leader of the Arriola Marquez Cartel, Oscar Arturo Arriola Marquez, from Texas to Mexico.                       

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President Donald Trump is directing federal agencies to target Mexican cartels and other foreign groups that are a threat to American citizens and national security.

Trump’s executive order designates Mexican cartels, the Venezuelan prison gang Tren de Aragua, Salvadoran La Mara Salvatrucha (MS-13), and other organizations as foreign terrorist organizations (FTOs) and specially designated global terrorists (SDGTs) under the U.S. Constitution, Immigration and Nationality Act and International Emergency Economic Powers Act.

“International cartels constitute a national-security threat beyond that posed by traditional organized crime, with activities encompassing convergence between themselves and a range of extra-hemispheric actors, from designated foreign-terror organizations to antagonistic foreign governments; complex adaptive systems, characteristic of entities engaged in insurgency and asymmetric warfare; an infiltration into foreign governments across the Western Hemisphere,” the order states.

“The Cartels have engaged in a campaign of violence and terror throughout the Western Hemisphere that has not only destabilized countries with significant importance for our national interests but also flooded the United States with deadly drugs, violent criminals, and vicious gangs,” Trump’s order states. “They functionally control, through a campaign of assassination, terror, rape, and brute force nearly all illegal traffic across the southern border of the United States. In certain portions of Mexico, they function as quasi-governmental entities, controlling nearly all aspects of society.”

TdA and MS13 gang members also pose similar threats, engaging in “campaigns of violence and terror in the United States and internationally are extraordinarily violent, vicious, and similarly threaten the stability of the international order in the Western Hemisphere,” presenting “an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States.”

In response, Trump said, “I hereby declare a national emergency, under IEEPA, to deal with those threats.

“It is the policy of the United States to ensure the total elimination of these organizations’ presence in the United States and their ability to threaten the territory, safety, and security of the United States through their extraterritorial command-and-control structures” to protect Americans and the territorial integrity of the U.S.

He directed the secretary of State, secretary of the Treasury, attorney general, secretary of Homeland Security, and director of National Intelligence to take all appropriate action to implement his order.

He also instructed them to “make operational preparations regarding the implementation of any decision I make to invoke the Alien Enemies Act … in relation to the existence of any qualifying invasion or predatory incursion against the territory of the United States by a qualifying actor, and to prepare such facilities as necessary to expedite the removal of those who may be designated under this order.”

Trump’s order comes after Texas Gov. Greg Abbott and 21 Republican attorneys general for years called on the Biden administration to do so.

In September 2022, Abbott designated Mexican cartels as FTOs, issuing an executive order designating the Sinaloa Cartel, the Jalisco New Generation Cartel as foreign terrorist organizations,” The Center Square reported. He twice asked former President Joe Biden to do so and received no response.

Roughly one year ago, a coalition of 21 Republican attorneys general led by Virginia AG Jason Miyares also made the same request, argued an FTO designation was imperative because cartels are “assassinating rivals and government officials, ambushing, and killing Americans at the border, and engaging in an armed insurgency against the Mexican government,” The Center Square reported. “This dangerous terrorist activity occurring at our border will not abate unless we escalate our response.”

They also received no response – until Jan. 20, 2025.

The Center Square first reported on cartels using asymmetrical and nontraditional warfare targeting Americans as a reason for Texas to declare an invasion in 2022. No official state declaration was issued and the Texas AG’s office refused to issue a legal opinion on the matter despite numerous requests to do so. South Dakota Gov. Kristi Noem was the only one to declare an invasion before a state legislature and 55 Texas counties declared an invasion, The Center Square exclusively reported.

On Trump’s first day in office, he declared an invasion at the southern border, the first president in modern history to do so.

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Trump to declare national emergency on border, issue executive orders

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After being sworn in as the 47th president of the United States, President Donald Trump said he will sign “a series of historic executive orders … to begin the complete restoration of America and the ‘Revolution of Common Sense.’”

The first action he will take will be to declare a national emergency at the U.S. southern border, he said. Trump did not mention the northern border, which saw an unprecedented number of illegal crossings, record number of terrorists entering the U.S., and increased national security threats under the Biden administration, The Center Square reported.

“All illegal entry will immediately be halted, and we will begin the process of returning millions and millions of criminal aliens back to the places from which they came,” Trump said. “We will reinstate my ‘Remain in Mexico’ policy. I will end the practice of catch and release. I will send troops to the southern border to repel the disastrous invasion of our country.”

Trump said he will designate Mexican cartels as Foreign Terrorist Organizations. The designation will also apply to violent transnational criminal organizations including the violent Venezuelan prison gang Tren de Aragua, which is now operating in at least 22 states, The Center Square reported.

By invoking the Alien Enemies Act of 1798, Trump will direct the federal government “to use the full and immense power of federal and state law enforcement to eliminate the presence of all foreign gangs and criminal networks bringing devastating crime to U.S. soil, including our cities and inner cities,” he said.

The act will be used to remove all cartel and gang members in the country illegally.

“As Commander in Chief, I have no higher responsibility than to defend our country from threats and invasions and that is exactly what I am going to do. We will do it at a level that nobody’s ever seen before,” he said.

Trump is expected to issue 10 executive orders Monday to implement border security measures. They include ending the Obama-era catch-and-release policy Trump ended in his first term, which former President Joe Biden reinstated. The policy led to more than 14 million foreign nationals illegally entering the country, including more than two million who evaded capture known as gotaways under the Biden administration, The Center Square exclusively reported.

Trump will reinstate a policy he created in his first term, Remain in Mexico, or “Migrant Protection Protocols” (MPP). It requires asylum seekers to wait outside the U.S. while their claims are processed. After the Biden administration sought to end it, Texas and Missouri sued. A federal judge ruled that ending the MPP was unlawful, The Center Square reported.

Trump will also direct federal agencies to finish building the border wall along the southwest border, completing a project he began in his first term. Biden halted border wall construction on his first day in office. Texas and Missouri again sued and won that lawsuit as well, The Center Square reported.policy

Another executive order will end parole programs for illegal border crossers created by former Department of Homeland Security Secretary Alejandro Mayorkas, who was impeached in part for creating them. Multiple attorneys general sued to stop them, arguing they were illegal.

The parole programs, including using a phone app, facilitated illegal entry into the U.S. for millions, including those with criminal records. Many released through the parole programs were later found to commit violent crimes against Americans, The Center Square reported.

Another will direct federal efforts to “crack down on criminal sanctuaries,” referring to so-called sanctuary jurisdictions. More than 200 were identified and already given notice to comply with federal law or face prosecution. Sanctuary cities expected to be targeted first include Boston, Chicago, Miami and New York.

Trump’s massive deportation efforts will be led by his Border Czar Tom Homan, who has said the priority is to find and locate the most violent criminals to process for removal.

Another executive order will suspend the federal so-called refugee resettlement program through which local communities nationwide “were forced to house large and unsustainable populations of migrants, straining community safety and resources,” Trump’s transition team said.

Trump will also direct members of the U.S. military, including the National Guard, to engage in border security operations, deploying them to the border to assist existing law enforcement personnel. According to a poll ahead of the election last year, the majority of Americans support U.S. troops being sent to the border, The Center Squarereported.

Another order will direct the Department of Justice to seek the death penalty for illegal border crossers who kill U.S. citizens, including law enforcement officers.

Last year, criminal illegal border crossers made international headlines after brutally assaulting and murdering American women and girls, The Center Square reported. Their mothers and family members endorsed Trump for president.

Another order will direct the Department of Homeland Security and other federal agencies to enhance vetting and screening processes after national security concerns were raised about the Biden administration flying illegal border crossers into the country who weren’t vetted, The Center Square reported.

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