More Than 435,000 Migrants With Criminal Records Have Been Released by ICE, Agency Director Says

ALABAMA - The unprecedented number of migrant apprehensions and encounters at the U.S.-Mexico border, as well as disputes between leaders from both major political parties in terms of an appropriate response to it, have elevated the topic of immigration to the top of voters' minds ahead of the presidential elections in November.

As Republican leaders such as GOP presidential nominee Donald Trump continue to use cases of immigrants who entered the country illegally and were charged with crimes to advance their campaign platform, the head of Immigration and Customs Enforcement revealed figures regarding the amount of undocumented migrants with criminal convictions have been released by the agency across the United States.

On Sept. 25, ICE Deputy Director Patrick Lechleitner sent a letter to U.S. Rep. Tony Gonzales, R-Texas, saying that, as of July 21, there were 662,566 noncitizens with criminal histories on the agency's non-detained docket (NDD), out of which more than 435,000 are convicted criminals and 226,847 of them have pending criminal charges.

According to Border Report, the letter was sent after Gonzales in March asked the Department of Homeland Security (DHS) for data on migrants with criminal backgrounds.

"The data released by ICE is beyond disturbing, and it should be a wake-up call for the Biden-Harris administration and cities across the country that hide behind sanctuary policies," Gonzales said on Sept. 27 "It's time for Washington to move past rhetoric and toward results. Americans deserve to feel safe in their communities.

Concerns over crimes committed by migrants have become one of the main talking points by Donald Trump and other Republicans when mentioning the country's immigration problem.

Earlier this year, at the Republican National Convention, Trump continued to blame unlawful immigrants for fueling violent crimes despite several studies showing that immigrants are not more likely to engage in criminality.

According to Lechleitner, 62,231 individuals with criminal convictions for assault have been released by ICE as they await immigration proceedings. ICE's Deputy Director also mentioned that the agency is currently waiting on 42,915 cases with pending assault charges.

According to Lechleitner's figures, the agency is currently holding 2,348 undocumented migrants who have been convicted of assault and 1,498 who have pending charges. He blames some of the released on law enforcement in "sanctuary cities" not cooperating with the agency.

However, a spokesperson for the Department of Homeland Security (DHS) released a statement to several outlets like The Washington Post, claiming that Republicans are "misinterpreting" the ICE data as the numbers actually go back decades and "includes people who entered the country over the past 40 year or more, the vast majority of whose custody determination was made long before this administration."

In fact, DHS explains that the 13,099 immigrants with murder convictions cited by Trump and his allies are part of ICE's "non-detained" docket, a list of nearly 7 million people who have pending immigration cases before the agency but who are not jailed by ICE for various reasons — such as because they are currently incarcerated by federal, state or local authorities or because they have already served their criminal sentences but have not been deported.

Earlier this year, The Latin Times reported that some Democratic strongholds dubbed as "sanctuary cities" began cooperating with ICE as public concern about crime continued to be on the rise.

"ICE recognizes that some jurisdictions are concerned that cooperating with federal immigration officials will erode trust with immigrant communities and make it harder for local law enforcement to serve those populations. However, 'sanctuary' policies can end up shielding dangerous criminals, who often victimize those same communities," Lechleitner wrote in the letter.

ICE has released 15,811 individuals who have been convicted of sexual assault, 56,533 convicted of drug possession and 2,521 who have been convicted on kidnapping, according to Lechleitner's letter.

In Fiscal Year 2024, ICE has the capacity to hold up to 41,500 undocumented migrants, which is up from the 34,000 limit in Fiscal Year 2023.

The agency is not allowed to release certain individuals including those convicted of homicide, and other cases are determined on a case-by-case basis, taking into account the individual's case circumstances, "primarily considering risk of flight, national security threat, and threat to public safety," he wrote.

Lechleitner said that, under the Biden administration, DHS is removing and returning "record number of migrants who are unable to establish a legal basis to remain in the U.S. and prioritizing for removal those who present national security and public safety risks."

Since May 2023 through July of this year, DHS has removed or returned 900,000 individuals.