President Trump’s Executive Order on Enhancing Public Safety
in the Interior of the United States requires the Department of Justice (DOJ)
and the Department of Homeland Security (DHS) to collect relevant data and
provide quarterly reports on data collection efforts. On Dec. 18, 2017, DOJ and
DHS released the FY 2017 4th Quarter Alien Incarceration Report, complying with
this order.[1] The report found that
more than one-in-five of all persons in Bureau of Prisons custody were foreign
born, and that 94 percent of confirmed aliens in custody were unlawfully
present.
"The American people deserve a lawful system of
immigration that serves the national interest," Attorney General Sessions
said. "But at the border and in communities across America, our citizens
are being victimized by illegal aliens who commit crimes. Nearly 95 percent of
confirmed aliens in our federal prisons are here illegally. We know based on sentencing data that
non-citizens commit a substantially disproportionate number of drug-related
offenses, which contributes to our national drug abuse crisis. The simple fact
is that any offense committed by a criminal alien is ultimately preventable.
One victim is too many. It's time for
Congress to enact the President's immigration reform agenda so that we start
welcoming the best and brightest while turning away drug dealers, gang members,
and other criminals."
“While the administration is working diligently to remove
dangerous criminal aliens from our streets, this report highlights the fact
that more must be done,” said Secretary of Homeland Security Kirstjen
Nielsen. “We will continue to pursue
President Trump’s immigration priorities, including securing the border,
enhancing interior enforcement, and pursuing a merit-based immigration system,
but Congress must act immediately to adopt obvious solutions to strengthen DHS
and DOJ efforts to confront dangerous criminal aliens.”
Section 16 of the Executive Order directs the Secretary of Homeland
Security and the Attorney General to collect relevant data and provide
quarterly reports regarding: (a) the immigration status of all aliens
incarcerated under the supervision of the Federal Bureau of Prisons; (b) the
immigration status of all aliens incarcerated as federal pretrial detainees
under the supervision of the United States Marshals Service; and (c) the
immigration status of all convicted aliens in state prisons and local detention
centers throughout the United States.
A total of 58,766 known or suspected aliens were in in DOJ
custody at the end of FY 2017, including 39,455 persons in BOP custody and
19,311 in USMS custody. Of this total, 37,557 people had been confirmed by U.S.
Immigration and Customs Enforcement (ICE) to be aliens (i.e., non-citizens and
non-nationals), while 21,209 foreign-born people were still under investigation
by ICE to determine alienage and/or removability
Among the 37,557 confirmed aliens, 35,334 people (94
percent) were unlawfully present. These numbers include a 92 percent unlawful
rate among 24,476 confirmed aliens in BOP custody and a 97 percent unlawful
rate among 13,081 confirmed aliens in USMS custody.
This report does not include data on the foreign-born or
alien populations in state prisons and local jails because state and local
facilities do not routinely provide DHS or DOJ with comprehensive information
about their inmates and detainees—which account for approximately 90 percent of
the total U.S. incarcerated population.
Information Regarding Immigration Status of Aliens
Incarcerated Under the Supervision of the Federal Bureau of Prisons
The Department of Justice’s Bureau of Prisons (BOP) has an
operational process for maintaining data regarding foreign-born inmates in its
custody. On a quarterly basis, BOP supplies this information to U.S.
Immigration and Customs Enforcement (ICE). ICE, in turn, analyzes that
information to determine the immigration status of each inmate and provides
that information back to BOP.
Out of the 185,507 inmates in BOP custody, 39,455 (21
percent) were reported by BOP as foreign-born. Further details regarding these
39,455 foreign-born inmates are as follows:
20,240 (51
percent) were unauthorized aliens who are subject to a final order of removal;
14,979 (38
percent) remain under ICE investigation;
2,374 (6 percent)
were unlawfully present and now in removal proceedings;
1,852 (less than 5
percent) were lawfully present aliens but are now in removal proceedings; and
10 were aliens who
have been granted relief or protection from removal.
Information Regarding the Immigration Status of Aliens
Incarcerated as Federal Pretrial Detainees
USMS identified 19,311 aliens and foreign-born inmates under
ICE investigation detained at USMS facilities. Further details regarding these
19,311 foreign-born inmates are as follows:
11,459 (59
percent) were aliens who are subject to a final order of removal;
6,230 (32 percent)
remain under ICE investigation;
1,261 (6.5
percent) were unlawfully present and now in removal proceedings;
358 (less than 2
percent) were lawfully present but are now in removal proceedings; and
3 were aliens who
have been granted relief or protection from removal.
Immigration Status of All Convicted Aliens Incarcerated in
State Prisons and Local Detention Centers Throughout the United States
The Departments continue to progress towards establishing
data collection of the immigration status of convicted aliens incarcerated in
state prisons and local detention centers through the Department of Justice’s
Office of Justice Programs, Bureau of Justice Statistics and the Department of
Homeland Security’s Office of Immigration Statistics.
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