Recent data from Immigration and Customs Enforcement (ICE) reveals that more than 13,000 immigrants convicted of homicide are currently living outside of detention facilities in the United States. This information was shared with Congress earlier this week and raises critical questions about immigration enforcement and public safety.
According to ICE, these individuals are categorized under the agency’s “non-detained” docket, indicating that while they have pending immigration cases, they are not currently in detention. The reasons for their non-detained status vary: some are not prioritized for detention, some are serving time in state or local jails for their crimes, and others may have evaded ICE tracking, according to law enforcement officials familiar with the data.
The data, as of July 21, was disclosed in response to a request made by Republican Rep. Tony Gonzales of Texas, who has expressed concerns regarding the safety implications of allowing such individuals to reside outside of detention. Acting ICE Director P.J. Lechleitner provided the figures, indicating a significant increase from previous reports. For context, a 2016 Department of Homeland Security (DHS) Inspector General report highlighted that there were approximately 368,000 criminal immigrants who were not detained by ICE. By June 5, 2021, this figure had risen to over 405,786, just months after the end of the Trump administration.
Currently, the data shows that there are now over 435,719 convicted criminal immigrants on ICE’s non-detained docket, signaling a concerning trend in the number of non-detained immigrants with criminal backgrounds. Notably, the report does not clarify when these individuals entered the U.S., but law enforcement sources have indicated that many may have crossed the border during previous administrations, including that of former President Donald Trump.
In a recent campaign event in Michigan, Trump seized upon this data to criticize current immigration policies and the Biden administration’s approach to border security. He stated, “I can finally look at them and say ‘I told you so’ to the fake news. These are hard, tough, vicious criminals that are free to roam in our country.”
However, a spokesperson for DHS stated that the interpretation of the data is flawed. The data spans several decades and includes individuals whose custody determinations were made long before the current administration took office. The spokesperson also noted that many of these individuals may currently be under the jurisdiction of state or local law enforcement agencies.
As the conversation around immigration policy intensifies, the implications of having a substantial number of convicted criminals outside of detention raise questions about public safety and the effectiveness of current immigration enforcement strategies.
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