U.S. Department of Justice

Office of Justice Programs

Bureau of Justice Statistics



Noncitizens in the Federal Criminal 

Justice System, 1984-94



July 1996



The full text of this report is 

available through:

*the BJS Clearinghouse, 1-800-732-3277

*on the Internet at

http://www.ojp.usdoj.gov/bjs/

*on the BJS gopher:

gopher://www.ojp.usdoj.gov:70/11/bjs/

*on the National Criminal Justice Reference

Service Electronic Bulletin Board  

(set at 8-N-1, call 301-738-8895, select BJS).



By John Scalia

BJS Statistician



---------------

Highlights

---------------



* Between 1984 and 1994, the number of noncitizens serving a
sentence of imprisonment in a Federal prison increased an
average of 15% annually _ from 4,088 to 18,929; the overall
Federal prison population, by contrast, increased an average 10%
annually -- from 31,105 to 87,437.



* 55% of the noncitizens prosecuted in Federal court during 1994
were in the United States legally.



* During 1984 about 35% of noncitizens prosecuted in Federal
court were charged with a drug offense.  By 1994 the proportion
charged with a drug offense had increased to 45%.



* Nearly all (93%) prosecutions for immigration offenses
involved noncitizens.



* 1.4% of noncitizens prosecuted in Federal court were charged
with a violent crime compared with 8.5% of citizens.



* Noncitizens convicted of a Federal drug offense were more
likely than citizens to have played a minor role in the drug
conspiracy.  Approximately 29% of noncitizens convicted of a
drug offense received a downward sentencing adjustment for
"mitigating role," compared with 14% of U.S. citizens.



The number of noncitizens processed in the Federal criminal
justice system increased an average 10% annually from 1984 to
1994.  During 1984, 3,462 noncitizens were prosecuted in U.S.
district courts; during 1994, more than 10,000 were prosecuted. 
The greatest part of this increase occurred between 1986 and
1989, when the number increased by almost 6,000.  Since 1989 the
number has remained fairly stable.  



In contrast to the substantial increase in the number of
noncitizens prosecuted, the overall Federal criminal caseload
increased at a much slower  rate between 1984 and 1994 -- an 
average of less than 2% annually.  During 1984 approximately
49,000 defendants were prosecuted in U.S. district courts;
during 1994 approximately 59,000 were prosecuted.



The increase in the overall number of noncitizens prosecuted is
primarily the result of the increase in the number of
noncitizens charged with drug offenses -- particularly between
1986 and 1989.  The number of noncitizens charged with a Federal
drug offense increased at an average 13% annually from 1984 to
1994.  During 1984, 1,204 noncitizens were charged with a drug
offense; during 1994 more than 4,600 were charged with a drug
offense.  



Noncitizens convicted of a Federal drug offense were more likely
than citizens to have played a minor role in the drug
conspiracy.  Approximately 29% of noncitizens convicted of a
drug offense received a downward sentencing adjustment for
"mitigating role," compared with 14% of U.S. citizens.
Similarly, among Federal prison inmates serving a sentence for a
drug conspiracy, 69% of noncitizens, compared with 56% of U.S.
citizens, identified their role in the conspiracy as low-level.



During 1994, 4,322 noncitizens convicted of a Federal drug
offense received a prison sentence with an average term of 69.9
months (table 9).  U.S. citizens convicted of a Federal drug
offense received prison sentences with an average term of 85.2
months.  By law, Federal prisoners must serve at least 85% of
the sentence before being released (The 85% rule applies to all
defendants sentenced pursuant to the Sentencing Reform Act of
1984.   Of all defendants convicted of a felony offense during
1993, approximately 96% were sentenced pursuant to the
Sentencing Reform Act.)  Therefore, a noncitizen convicted of a
drug offense and sentenced to the average term of imprisonment
could expect to serve 61 months before being released and
deported.



Because of the increases in the number of noncitizens convicted
and in time served by offenders, the number of noncitizens
serving a sentence in Federal prison increased an average 15%
annually between 1984 and 1994.  During 1984, 4,088 noncitizens
were serving a sentence of imprisonment -- 56% for a drug
offense;  during 1994, 18,929 were incarcerated -- 75% for a
drug offense.



The number of noncitizens serving a sentence of imprisonment
increased at a faster rate than the overall Federal prison
population.  While the number of noncitizens incarcerated
increased an average 15% annually, the overall population
increased by 10% annually -- from 31,105 during 1984 to 87,437
during 1994.



The average cost to incarcerate an inmate in a Federal
correctional institution during 1994 was approximately $21,300. 
Therefore, the U.S. Government expended an estimated $400
million during 1994 to incarcerate 18,929 noncitizens who were
convicted of a Federal offense.



-----------------------

Types of noncitizens

-----------------------



Federal law identifies three major types of noncitizens:

(1) immigrants -- persons who migrate to the United States and
who are granted legal permanent residence

(2) refugees and asylees -- persons who are outside of their
country of nationality and are unable or unwilling to return to
that country for fear of persecution 

(3) nonimmigrants -- persons who are admitted to the United
States for a temporary period but not for permanent residence,
for example, tourists, students, foreigners working in the
United States, and Mexican and Canadian citizens with Border
Crossing Cards.



The vast majority of noncitizens legally admitted to the United
States are nonimmigrants.  Excluding border crossers, many of
whom make numerous entries annually, about 23 million
noncitizens were admitted during 1994:  approximately 800,000
were immigrants, 126,000 were refugees and asylees, and more
than 22 million were nonimmigrants (table 1).  The majority
(78%) of nonimmigrants admitted to the United States were
tourists.  The number of noncitizens legally admitted to the
United States increased at an average of 8% annually from
approximately 10 million during 1984 to 23 million during 1994.



------------------------

Status of noncitizens

------------------------



The U.S. Immigration and Naturalization Service (INS) assigns a
status to identify the legality of a noncitizen's presence in
the United States.  The two statuses used include: 

(1) legal aliens -- noncitizens who enter the United States
after inspection and have not violated the terms of their
admission;  

(2) illegal aliens -- noncitizens who (a) enter the United
States without having been admitted after inspection or without
presenting themselves for inspection or (b) legally enter the
United States but who subsequently violate a condition of their
visa, for example, by remaining in the United States beyond the
period authorized or by committing a criminal offense.



Criminal aliens are noncitizens who have been convicted of
certain felonies, such as, for example, crimes of moral
turpitude (like murder, manslaughter, rape), drug trafficking
offenses, certain firearms offenses, or certain offenses
relating to national security (A criminal alien is defined by
statute at 8 U.S.C Section 1251(a)(2).  The statute describes specific
offenses for which noncitizens can be deported.)



By law, noncitizens classified as criminal aliens are deportable
once criminal proceedings against them have been terminated or
after they have completed serving their sentence.



Fifty-five percent of the noncitizens prosecuted in U.S.
district courts were identified by pretrial service officers as
legal aliens at the beginning of their prosecution.



-----------------------------------------------

Apprehending and deporting criminal aliens



The Immigration and Nationality Act of 1990 authorizes the INS
to apprehend and deport criminal aliens.(See 8 USC Section 1252(h).)
The number of criminal aliens living in the United States is
unknown.  Identification of criminal aliens who are deportable
requires cooperation between the INS and Federal, State, and
local law enforcement agencies.  INS generally relies upon these
other law enforcement agencies to identify individuals who have
come in contact with the criminal justice system and whom the
agencies believe to be aliens.



While aliens can be identified at different stages of the
criminal justice process, INS tends to concentrate attention on
those aliens who have been charged with, or convicted of, a
deportable crime.  Once a deportable alien is identified, INS
issues a detainer.  An alien under an INS detainer is deported
after the criminal proceeding or sentence has been completed. 
INS reported that nearly 32,000 criminal aliens were deported
during 1995.



To address the increasing number of criminal aliens, INS
developed a comprehensive strategy.  INS's Criminal Alien
Apprehension Program, implemented in 1991, was designed  (1) to
improve INS's reactive approach to identifying aliens charged
with, or convicted of, a crime, and (2) to develop a more
proactive approach for identifying criminals who are aliens by
focusing law enforcement resources in areas of criminal activity
with high concentrations of alien participants.



In addition, INS submits information to the Federal Bureau of
Investigation's National Crime Information Center (NCIC).  NCIC
is a national database for information on crime, particularly
whether a person is wanted by law enforcement.  INS reports
information to NCIC on aliens under deportation orders for
previous criminal activity as well as aliens who have entered
the United States without inspection and for whom a warrant of
deportation has been issued.  Because these aliens are included
in the NCIC system, many apprehensions result from routine
traffic stops or relatively minor offenses.  As of March 1994,
INS had entered 2,640 aliens into the NCIC database.  Of these
2,640 aliens, 344 were arrested by State and local police
officers -- 199 were deported and 8 were placed under an INS
detainer.



----------------------------------------------



-------------------------

Processing illegal aliens

-------------------------



The vast majority of noncitizens entering the United States from
1984 to 1994 were legal aliens -- primarily tourists.  While the
exact number of illegal aliens in the United States is not
known, INS estimates their number to be between 3 and 4 million
(Robert Warren, "Estimates of the Unauthorized Immigrant
Population Residing in the United States, by Country of Origin
and State of Residence:  October 1992," U.S. Immigration and
Naturalization Service (April 29, 1994) as cited in Rebecca L.
Clark, Jeffrey S. Passel, Wendy N. Zimmermann, and Michael E.
Fix, Fiscal Impacts of Undocumented Aliens: Selected Estimates
for Seven States, The Urban Institute (September, 1994).)  
During a 4-year period beginning October 1988, the estimated
number of illegal aliens in the United States increased
approximately 299,000 per year (Warren (1994).   INS apprehends
and expels more than 1 million illegal aliens annually. 
Approximately 97% of those apprehended during 1994 were Mexican
nationals intercepted at the border attempting to enter without
inspection (United States Immigration and Naturalization
Service, Statistical Yearbook, 1994.)   Additionally,
approximately 5,500 persons were denied entry into the United
States for cause:  47% for prior criminal convictions and 47%
for entry without inspection (INS (1994).  



INS has several options for removing an illegal alien from the
United States.  Fewer than 3% of those apprehended are actually
deported.  The most commonly used method for removing an illegal
alien is voluntary return with safeguards.  Under this method,
aliens admit to their illegal status and agree to leave the
United States voluntarily.  Unlike deportation, voluntary
departure does not require adjudication by an immigration judge.
 Aliens who are voluntarily returned at no expense to the United
States are not prohibited from legally entering at a later time.
 During 1994 more than 39,000 aliens were deported and more than
1 million voluntarily departed (INS (1994).



Under Federal law a deported alien may not be admitted to the
United States for 5 years after deportation.  Entry by a
previously deported alien within 5 years of deportation is a
criminal offense subject to a maximum term of 2 years'
imprisonment (See, 8 U.S.C. Section 1326(a).  Entry by a previously
deported alien with a criminal history including a drug offense
is a criminal offense subject to a maximum term of 10 years'
imprisonment.  Entry by a previously deported alien with a
criminal history including an aggravated felony is a criminal
offense subject to a maximum term of 20 years' imprisonment
(See, 8 U.S.C. Section 1326(b).   During 1994, 1,450 noncitizens were
convicted for illegal entry into the United States after a
previous deportation: 54.8% of these noncitizens had a criminal
history including a drug offense but not including an aggravated
felony, and 23.8%, a criminal history including an aggravated
felony.



-----------------------------------------------

Characteristics of noncitizens prosecuted in U.S. district courts

-----------------------------------------------



Country of citizenship

*************************



Noncitizens convicted of a Federal offense during 1994 were from
more than 75 countries.  Nearly half (48.6%) of all noncitizens
convicted were from Mexico (table 2).  Additionally, 14.6% of
the noncitizens convicted were from South America, 14.2% were
from the Caribbean Islands, and 2.2% were from Canada.  (Not all
countries are shown in the table.) 



Demographic characteristics

*************************



Most noncitizens prosecuted in U.S. district courts were from
Latin America.  Hispanics comprised 75.7% of noncitizens
prosecuted (table 3).  Eleven percent of the noncitizens
prosecuted were black non-Hispanic; 7.9% were white
non-Hispanic; and 5.3% were Asian.  Those noncitizens identified
as black  were primarily from Nigeria (31.3%) and Jamaica
(29.9%), and those noncitizens identified as Asian were
primarily from China (16.5%), Vietnam (15.3%), Korea (11.1%),
and the Philippines (10.3%) (not shown in a table).



Among defendants prosecuted in U.S. district courts, noncitizens
tended to be younger and less educated than citizens:  51% of
noncitizens were under age 30, compared with 42% of citizens. 
(The median age of noncitizens prosecuted was 30 years; the
median age of citizens was 33 years.)  Almost 60% of noncitizens
did not have a high school education, or its equivalent,
compared with less than 30% of citizens.



Criminal history

*******************



Noncitizens prosecuted in U.S. district courts are less likely
to have a known criminal history than U.S. citizens (table 4). 
Approximately 44% of non-citizens and 60% of U.S. citizens had a
known criminal history.  This difference in criminal histories
may be attributable to incomplete or unavailable records
describing convictions for criminal offenses in other countries.



Because of the possibility that a noncitizen will have a foreign
arrest and/or conviction, Federal probation officers are
instructed to request an arrest check from INTERPOL -- the
coordinating group for international law enforcement (See,
Administrative Office of the U.S. Courts, The Presentence
Investigation Report, II-58  (July, 1995).



Of those noncitizens with known criminal histories, less than
30% had a prior conviction for only a misdemeanor offense: 48.9%
had a prior conviction for a nonviolent felony; and 21.3% had a
prior conviction for a violent felony (table 4).



--------------------------------------------

Prosecution of noncitizens in U.S. district courts

---------------------------------------------



The number of noncitizens whose cases were terminated in U.S.
district courts tripled from 1984 to 1994 (table 5).  Between
1984 and 1994, the number of noncitizens increased an average
10% annually -- from 3,462 to 10,352.  The number of noncitizens
prosecuted increased at a faster rate than the overall Federal
caseload.  Over the same period the overall Federal caseload
(both citizens and noncitizens) increased an average 2% annually
-- from approximately 49,000 during 1984 to more than 59,000
during 1994.  (BJS, Federal Criminal Case Processing, 1982-93,
NCJ-160088)



The greatest part of the increase in the number of noncitizens
prosecuted occurred between 1986 and 1989, when the number
increased by almost 6,000.  Since 1989 the number of noncitizens
prosecuted has remained fairly stable.  The growth in the number
of noncitizens prosecuted between 1986 and 1989 was generally
attributable to an increase in the number of noncitizens charged
with drug and immigration offenses.



Drug and immigration offenses account for the majority of the
offenses for which noncitizens are prosecuted.



During 1984 drug and immigration offenses accounted for 69% of
the offenses for which noncitizens were prosecuted.  By 1994
these two offenses accounted for over 78% of theoffenses for
which noncitizens were prosecuted. 



Noncitizens prosecuted in U.S. district courts were primarily
concentrated in the judicial districts near the Southwestern
border (figure 1, page 6).  



The District of Arizona (15.3% of all noncitizens prosecuted),
the Southern District of California (10.0%), the Southern
District of Texas (9.4%), the Western District of Texas (7.2%),
the Central District of California (7.1%), and the District of
New Mexico (4.0%) together accounted for more than half of the
total noncitizen federal caseload during 1994.  The other
judicial districts where a substantial number of noncitizens
were prosecuted included the following:  the Southern District
of Florida (6.8%), the Eastern District of New York (3.5%), the
Southern District of New York (2.9%), the Eastern District of
California (2.2%), and the District of Oregon (2.0%).



--------------------

Offense committed

--------------------



Drug offenses



Between 1984 and 1994 the number of noncitizens who were charged
with drug offenses and whose cases were terminated increased at
an average  13% annually -- increasing from 1,204 to 4,633
(table 5).  The number of noncitizens charged with drug offenses
increased at a faster rate than the overall number of Federal
drug prosecutions.  Over the same period, the overall number of
Federal drug prosecutions increased 7% annually -- from
approximately 10,000 during 1984 to more than 20,000 during
1994.  (BJS, Federal Criminal Case Processing, 1982-93,
NCJ-160088)



Noncitizens convicted of a drug offense were primarily involved
with the distribution or importation of cocaine powder (35.7%),
marijuana (34.6%), and heroin (17.7%) (table 6).   Few (6%)
noncitizens were involved with crack cocaine.  



Among noncitizens convicted of drug offenses, about 41% involved
with cocaine powder were sentenced for having less than 5
kilograms; 62% involved with heroin, having less than 1
kilogram; and 72% involved with marijuana, less than 100
kilograms.



These drug quantities correspond to the minimum quantity
necessary to invoke a 10-year mandatory minimum sentence (See,
21 U.S.C. Sections 841(a) and 960(a).  Proportions of noncitizens
subject to a mandatory minimum sentence are presented in table
10 on page 8.)  



Few data are available describing the defendant's role in a drug
offense, as, for example, whether the defendant was a dealer or
a "mule" or "courier."  However, the available data indicate
that noncitizens were more likely than citizens to have played a
minor role in drug offenses.  Approximately 29% of the
noncitizen Federal drug defendants who were convicted received a
down-ward sentencing adjustment for a "mitigating role,"
compared with 14% of U.S. citizen drug defendants (not shown in
a table). 

Additionally, noncitizen Federal inmates identifying themselves
as being involved in drug conspiracies were more likely than
citizens to describe their role as low-level:  approximately 69%
of noncitizens compared with 56% of U.S. citizens, identified
their role in the drug offense as low-level.  (BJS, Comparing
Federal and State Prison Inmates, 1991, NCJ-145864)



----------------------

Immigration offenses

----------------------



Between 1984 and 1994 the number of noncitizens who were charged
with an immigration offense and whose cases were terminated
increased an average 10% annually -- from 1,186 to 3,477 (table
5).



Noncitizens prosecuted for an immigration offense are typically
charged with illegally reentering the United States.  Although
any illegal entry into the United States is a criminal offense,
illegal entry cases are rarely prosecuted unless the noncitizens
had made multiple illegal entries.



Illegal reentry into the United States is a criminal offense if
the noncitizen was previously deported by INS for illegally
entering the United States or for being a criminal alien. 
Illegal reentry by a noncitizen who had previously been deported
is a criminal offense subject to a maximum penalty of 2-years'
imprisonment (See, 8 U.S.C. Section 1326(b).  Illegal entry by a
noncitizen who is a criminal alien (as defined by statute) is a
criminal offense subject to a maximum penalty of 10-years'
imprisonment, or 20-years' imprisonment if the noncitizen was
previously convicted of an aggravated felony. Approximately 67%
of noncitizens convicted of an immigration of-fense were
convicted of illegally entering the United States or reentry
after deportation (table 7).



Of those noncitizens convicted of illegally entering the United
States, 78.6% had a prior criminal conviction: 54.8% had a prior
conviction for a criminal offense other than an aggravated
felony, and 23.8% had a prior conviction for an aggravated
felony (not shown in a table).



Smuggling, transporting, or harboring illegal aliens is a
criminal offense subject to a maximum penalty of 10 years'
imprisonment for each alien smuggled (See, 8 U.S.C. Section 1324(a). 
During 1994, 18.7% of the noncitizens convicted of an
immigration offense were convicted of alien smuggling.  Of those
noncitizens convicted of alien smuggling, 26.4% were sentenced
for smuggling fewer than 6 aliens; 49.2%, for smuggling between
6 and 24 aliens; 16.8%, for between 25 and 99 aliens; and 7.7%,
for 100 or more aliens (not shown in a table). 



-----------------

Other offenses

-----------------



Apart from drug and immigration offenses, noncitizens were
generally not prosecuted for other criminal conduct within
Federal jurisdiction.  During 1994, 1.4%, 13.3%, and 6.8% of
noncitizens were prosecuted for violent 

offenses, property offenses, and public-order offenses other
than immigration offenses, respectively (table 5).



-------------

Disposition

-------------



Of the noncitizens adjudicated in U.S. district courts during
1994, 87.3% were convicted (not shown in a table).  Of those
noncitizens convicted, 92.3% pleaded guilty to the offense
charged and 7.6% were convicted at trial.  Of the 12.7% who were
not convicted, the charges were dismissed in 91.3% of the cases,
and the defendant was acquitted at trial in 8.7% of the cases.



--------------------

Sanctions imposed

--------------------



During 1994, 87.9% of noncitizens convicted of a Federal offense
received a sentence that included a term of imprisonment; 11%
received a sentence of probation (including probation imposed in
conjunction with community confinement); (See, U.S.S.G., Section
5C1.1) and 1.1% received a sentence that included neither
imprisonment nor probation (table 8).



Noncitizens received prison sentences with an average term of
50.1 months (table 9).  Noncitizens convicted of violent
offenses and drug offenses received the longest prison
sentences, with an average of 81.1 months and 69.9 months,
respectively.  Noncitizens convicted of immigration offenses 

received prison sentences with an average term of 22.6 months.



The Anti-Drug Abuse Act of 1986 requires that defendants
convicted of distributing or importing controlled substances be
sentenced to a mandatory minimum 5- or 10-year term of
imprisonment depending upon the quantity 

of drugs involved (See, Pub. L. No. 99-308 100 Stat 449 as
codified, in relevant part, at 21 U.S.C. Sections 841 and 960). Almost
60% of the noncitizens convicted of a drug offense during 1994
were subject to a mandatory minimum prison sentence: 0.3% were
subject to a mandatory minimum of 1 year; 25.4% were subject to
a mandatory minimum of 5 years; and 32.4% were subject to a
mandatory minimum of 10 years or more (table 10) (Pursuant to 21
U.S.C. Sections 859, 860, and 861, defendants convicted of employing a
minor or distributing drugs to pregnant women or near schools
are subject to a 12-month mandatory minimum term of
imprisonment).



-----------------------------------------

Departures from the Federal sentencing guidelines

-----------------------------------------



Approximately 27% of the noncitizens sentenced during 1994
received a departure from the applicable sentencing range
established by the Federal sentencing guidelines (table 11). 
The most common reason cited for departing from the guidelines
was substantial assistance to the Government: 16.3% of
noncitizens sentenced received a substantial assistance
departure.  

(A substantial assistance departure is awarded when the
defendant assists the Government in the prosecution or
investigation of another individual (See, 18 U.S.C. Section 3553(e)
and U.S.S.G. Section 5K1.1)  Almost 10% received a downward departure
for reasons other than substantial assistance and less than 1%
received an upward departure.  The most frequently cited reason
for the "other" downward departures was "pursuant to a plea
agreement"; the most frequently cited reasons for the upward
departures were the defendant's ex-tensive criminal history and
the large quantity of drugs (not shown in a table).

Noncitizens convicted of drug offenses were more likely to
receive a departure from the Federal sentencing guidelines than
noncitizens convicted of other offenses.  Over a third of
noncitizen drug defendants received a departure from the Federal
sentencing guidelines:  25.4% of drug offenders received a
substantial assistance departure; 11.6% received a downward
departure for reasons other than substantial assistance; and
0.7% received an upward departure (table 11).



--------------------------------------------

Impact of noncitizens on the Federal prison population



--------------------------------------------



Between 1984 and 1994, the number of noncitizens serving a
sentence of imprisonment in a Federal prison (or contract
facility) increased an average 15% annually -- from 4,088 to
18,929 (table 12).  The number of noncitizens incarcerated
increased at a faster rate than the overall Federal prison
population.  Over the same period, the overall Federal prison
population increased an average 10% annually -- from 31,105
during 1984 to 87,437 during 1994.  (BJS, Compendium of Federal
Justice Statistics, annual, NCJ-160089)



During 1994, 75% of noncitizens serving a sentence of
imprisonment were convicted of a drug offense; 13% were
convicted of an immigration offense; and less than 2% were
convicted of a violent offense.  At the expiration of their
sentences, those noncitizens identified as criminal aliens are
deported (See, 8 U.S.C. Section 1252a).  Additionally, pending review
by an immigration judge, many of the other noncitizens
incarcerated may be required to depart from the United States
upon release because they either entered the United States
illegally or violated the terms of their admittance (See, 8
U.S.C. Section 1251).  



The increase in the number of noncitizens incarcerated reflects
a general increase in imprisonment imposed -- especially for
drug offenders -- and changes in time-served requirements (See
generally, Bureau of Justice Statistics, Federal Criminal Case
Processing, 1982-93 (1996). In addition to establishing the
Federal sentencing guidelines, the Sentencing Reform Act of 1984
requires that defendants sentenced to a term of im-prisonment
must serve at least 85% of the imposed sentence before being
released (See, Pub. L. No. 98-473 Sections 211-239 98 Stat 1837 as
codified, in relevant part, at 18 U.S.C. Section 3624(b).  Pursuant to
the Sentencing Reform Act, Federal inmates serving a sentence of
more than 1 year (but not life imprisonment) can earn up to 54
good conduct days per year served).   



For example, a noncitizen sentenced to the average term of 50
months could expect to serve at least 44 months before release. 
Similarly, a noncitizen convicted of a drug offense and
sentenced to the average term of 70 months could expect to serve
at least 61 months before being released.



Given the increase in the number of noncitizens convicted and
the time-served requirements, the number of noncitizens
incarcerated in the Federal prisons is expected to continue to
increase over the next 10 years.  The Federal Bureau of Prisons
projects that the increase will be approximately 4% annually
over the next 10 years, increasing from 18,929 incarcerated 
during 1994 to more than 28,000 in 2005 (Eric Simon, Chief,
Public Policy and Applied Research, United States Department 
of Justice, Bureau of Prisons (March 14, 1996). Preliminary 
data for 1995 indicate that thenumber of noncitizens serving 
a sentence in a Federal prison (or contract facility) was 
21,421 as of September 30, 1995.



-----------------------------------------------

Noncitizens in State correctional facilities

-----------------------------------------------



A study by the Urban Institute estimated that approximately 86%
of the illegal aliens living in the United States are
concentrated in seven states:  Arizona (1.7%), California
(42.6%), Florida (9.5%), Illinois (5.2%), New Jersey (3.4%), New
York (13.2%), and Texas (10.6%).  The Institute estimated that
2.8% of the combined population of these States are illegal
aliens (Rebecca L. Clark, Jeffrey S. Passel, Wendy N. Zimmermann
and Michael E. Fix, Fiscal Impact of Undocumented Aliens:
Selected Estimates for Seven States, The Urban Institute
(September 1994).)



Reacting to a perceived increase in the costs of social services
and public education for illegal aliens, during 1994 California
enacted legislation prohibiting illegal aliens from receiving
such social services (Cal Welf. & Inst. Code Section 10001.5 (1994).)
Under the California law, individuals may not receive public
social services until their legal status has been verified as
(1) a citizen of the United States, (2) an alien lawfully
admitted as a permanent resident, or (3) an alien lawfully
admitted for a temporary period (Cal. Welf. & Inst. Code Section
10001.5(b) (1994). )



As a response to costs incurred by States for incarcerating
illegal aliens, the Immigration Reform and Control Act of 1986
authorized the Attorney General to reimburse the States for some
of those costs (8 U.S.C. Section 1365. )  The Violent Crime Control
and Law Enforcement Act of 1994 expanded the reimbursement
program to include local jurisdictions and to provide the U.S.
Attorney General the option of incarcerating a State's illegal
aliens in Federal prisons if a State were unable to incarcerate
these aliens due to inadequate facilities or lack of space (See,
Pub. L. No. 103-322 108 Stat 1823 as codified at 8 U.S.C. Section
1252(j).  



----------------------------------------------

State Criminal Alien Assistance Program awards, 
fiscal year 1995

----------------------------------------------

              Reim-    Total cost     Award

              bursable to State       in

State         inmates  (in millions) (millions)



All applicants   37,679      $796    $129



Seven States with the highest number of illegal aliens



California       18,593      $396     $64

Texas             6,228       105      17

New York          2,390        83      13

Florida           2,323        41       7

Illinois          1,445        27       4

Arizona           1,384        23       4

New Jersey          601        18       3



Source:  U.S. Department of Justice, Bureau of Justice
Assistance.

----------------------------------------------



Congress first appropriated funds for this program (the State
Criminal Alien Assistance Program) for fiscal year 1995.  As
part of the fiscal year 1995 appropriation for the Department of
Justice, Congress appropriated $130 million for reimbursement to
the States (See, Pub. L. No. 103-317 108 Stat. 1724, 1778
(1994).)  For fiscal year 1996, Congress appropriated $300
million for reimbursement to the States.  Additionally, the
President's

fiscal year 1997 budget requested $330 million for the State
Criminal Alien Assistance Program (Office of the President,
Budget of the United States Government Fiscal Year 1997,
Appendix, p. 665.  Additional funds may also be transferred from
the State corrections programs to the State Criminal Alien
Assistance Program.)  



Under the State Criminal Alien Assistance Program, the
Department of Justice's Bureau of Justice Assistance awarded
$128.7 million to 45 States during fiscal year 1995 to help
defray the costs of incarcerating 38,000 illegal aliens. 
California, which was reimbursed for more than 18,000 illegal
alien inmates, received almost 50%, or $64 million, of the $130
million appropriated by Congress.  Six other States received
approximately 38% of the remaining funds awarded.



A greater proportion of noncitizens in State prisons (35.1%)
than in Federal prisons (1.9%) were convicted of violent
offenses, according to the BJS Survey of Inmates in State
Correctional Facilities, 1991.  In both systems, noncitizens
convicted of drug offenses comprised a large proportion of the
convicted noncitizen population.



-------------------------------------------

Current offense of sentenced noncitizens 
in Federal and State prisons, 1991

-------------------------------------------



Current offense         Federal     State



Violent offenses          1.9%     35.2%

Property offenses         2.4      13.0

Drug offenses            85.1      45.2

Public-order offenses     7.4       6.6

Other                     3.3       5.1



Number of noncitizen

inmates                  9,916     30,718



Notes:  Excludes 159 noncitizens (49 in Federal 
prisons and 110 in State prisons) for whom the 
current offense was unavailable.



Source: 1991 Survey of Inmates in State and 
Federal Correctional Facilities.



----------------------------------------------



------------------

Methodology

------------------



The primary source of the data for tables presented in this report 
is the BJS Federal Justice Statistics Program database.  The FJSP 
database is presently constructed from source files provided by 
the Executive Office for United States Attorneys, the Administrative 
Office of the United States Courts, the United States Sentencing Commission,
and the Federal Bureau of Prisons.  The Administrative Office of
the U.S. Courts also maintains the data collected by the
Pretrial Services Agency.  Data tabulations, except where
otherwise indicated, were prepared from BJS staff or contractor
analysis of source agency datasets.

The offense categories used in this report are based primarily 
on the offense codes established by the Administrative Office of 
the U.S. Courts.  The Compendium of Federal Justice Statistics 
(NCJ-160089) provides a detailed description of the United States 
Criminal Code titles and sections included in each offense category.



In tables 3-5 and figure 1, the data 

describing noncitizens prosecuted were derived from the database
maintained by the Pretrial Services Agency. Unlike other FJSP
tabulations of defendants in cases terminated, table 5 relies
upon data from the Petrial Services Agency rather than the
criminal court data file.  Therefore, table 5 and other FJSP
tables reporting defendants in case terminated may not be
directly comparable.



The Pretrial Services Agency maintains data describing criminal
defendants adjudicated in U.S. district courts who were
processed by Federal pretrial services officers.  Not all
defendants prosecuted in U.S. district court are interviewed by
a Federal pretrial services officer -- some defendants refuse to
be interviewed and, in some districts, pretrial services
officers are not required to interview every defendant. 



In the Pretrial Services Agency database, information describing
citizenship status was available for approximately 95% of the
defendants processed during a given year.  Because of changes to
the structure of the Pretrial Services Agency database during
1990, data describing defendants processed during 1990 were
unavailable.



In tables 2 and 6-11, the data describing convicted noncitizens
were derived from the database maintained by the United States
Sentencing Commission.  The Commission maintains data describing
those defendants convicted in U.S. district courts and who were
sentenced pursuant to the Federal sentencing guidelines.  In the
Commission's database, data describing citizenship status were
available for over 97% of the defendants sentenced during
calendar year 1994 and included in the Commission's database.



In table 12 the data describing imprisoned noncitizens were
derived from the database maintained by the Federal Bureau of
Prisons.  The Bureau of Prisons maintains data describing all
persons who were committed to Federal prison to serve a sentence
of imprisonment.  In the Bureau of Prisons' database,
information describing citizenship status was available for over
98% of the inmates incarcerated during a given year.



In the section entitled Noncitizens in State Correctional
Facilities, the data were derived from the Bureau of Justice
Statistics' 1991 surveys of inmates in State and Federal
correctional facilities.



------------------------------------------

The Bureau of Justice Statistics is the statistical agency of
the U.S. Department of Justice.  Jan M. Chaiken, Ph.D., is
director.



BJS Special Reports address a special topic in depth from one or
more datasets that cover many topics.



John Scalia of the Bureau of Justice Statistics wrote this
report.  William J. Sabol of the Urban Institute and Kevin Strom
of BJS provided statistical review.  Tom Hester, Tina Dorsey,
and Yvonne Boston edited the report.  Marilyn Marbrook, assisted
by Jayne Robinson, administered production.



The Immigration and Naturalization Service reviewed this report.
 John Bjerke of the Statistical Division provided comments.



The projection of the number of noncitizens incarcerated in the
Federal prisons was provided by Eric Simon, Chief, Public Policy
and Applied Research, of the Bureau of Prisons.  The estimate
was derived using the Bureau's prison population projection
model, FEDSIM.



July 1996, NCJ-160934

-----------------------------------------------





-----------------------------------------------

Data presented in this report may be obtained from the National
Archive of Criminal Justice Data at the University of Michigan,
1-800-999-0960.  The report and data are also available on the
Internet:

hhtp:/www.ojp.usdoj.gov/bjs/

-----------------------------------------------



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