Alien Incarceration Report

Fiscal Year 2019
Alien Incarceration Report

Fiscal Year 2019

Introduction

On January 25, 2017, the President signed Executive Order (E.O.) 13768 on Enhancing Public 

Safety in the Interior of the United States.

1

Section 16 of E.O. 13768 directs the Secretary of Homeland Security and the Attorney General 

to collect relevant data and provide quarterly reports on: (a) the immigration status of all aliens 

incarcerated under the supervision of the Federal Bureau of Prisons (BOP); (b) the immigration 

status of all aliens incarcerated as federal pretrial detainees under the supervision of the United 

States Marshals Service (USMS); and (c) the immigration status of all convicted aliens 

incarcerated in state prisons and local detention centers throughout the United States.

This report, which covers FY 2019 (FY19), includes data on known or suspected aliens under the 

custody of BOP and USMS, and available data regarding alien populations in state and local 

facilities, including aggregate data collected by the U.S. Department of Justice (DOJ). The lack 

of comprehensive data on this topic is a noteworthy limitation of this report because state and 

local facilities account for approximately 90 percent of the total U.S. incarcerated population. 

DOJ and the Department of Homeland Security (DHS) continue to develop and establish 

methods to collect, estimate, and analyze accurate data at the state and local levels. This section 

of the report will expand as these methodologies and procedures are improved or more 

information becomes available. 

This report also includes data from the Institutional Hearing and Removal Program (IHP), a 

cooperative effort between DOJ’s Executive Office for Immigration Review (EOIR), DHS, and 

various federal, state, and municipal corrections agencies. As part of the IHP, DHS identifies 

alien inmates in BOP, state, or local custody who may be removable from the United States and 

initiates their removal proceedings before EOIR while the aliens continue serving their criminal 

sentences. Bringing immigration judges to these inmates for a determination of their 

removability allows their immigration cases to be resolved prior to their release from prison. 

Upon release of these inmates, DHS is able to effectuate the removal of those aliens who have a 

final order of removal, as determined by either an immigration judge or the Board of 

Immigration Appeals. IHP aims to avoid transferring removable aliens into DHS custody, or 

releasing them into the community, pending future adjudication of their immigration cases. By 

holding immigration proceedings during an alien’s prison sentence, IHP enhances the overall 

efficiency of the immigration system while contributing to the Nation’s security. 

Finally, the report provides case summaries of certain sentenced aliens in BOP custody in FY19.

 

1 Executive Order No. 13768, 82 Fed. Reg. 8799 (Jan. 30, 2017), available at https://www.govinfo.gov/content/pkg/

FR-2017-01-30/pdf/2017-02102.pdf. 
Data Collection Process

Pursuant to E.O. 13768, USMS and BOP provide U.S. Immigration and Customs Enforcement 

(ICE) with data on a quarterly basis regarding inmates and detainees identified as foreign-born 

during their criminal case process.2In turn, ICE checks USMS and BOP data against its ICE 

Enforcement and Removal Operations (ERO) case management system, the ENFORCE Alien 

Removal Module (EARM), and the U.S. Citizenship and Immigration Services Central Index 

System to identify aliens with immigration records and pending or completed removal 

proceedings.

This approach allows ICE to place each known or suspected alien in USMS or BOP custody 

within one of the following five categories: 

 Under Investigation: Further investigation by ICE is required to confirm alien status and 

establish potential removability. 

 Under Adjudication – Legal: The person is lawfully present in the United States but has 

been charged as a removable alien; removal proceedings are ongoing. 

 Under Adjudication – Illegal: The person is unlawfully present3in the United States and 

has been charged as a removable alien; removal proceedings are ongoing.

 Ordered Removed: The person is an alien who has been issued a final order of removal or 

has agreed to depart voluntarily, and therefore has no lawful status.

 Pending Relief/Benefit: The person is an alien who has been granted relief or protection 

from removal that would generally be considered lawful status. However, depending on 

the nature of the inmate’s criminal offense, his or her status may be subject to review and 

rescission or revocation by DHS or an immigration judge. 

Once ICE checks the USMS and BOP data, it returns its findings to USMS and BOP. Those data 

are then used by USMS and BOP to generate statistics relevant to E.O. 13768, including the 

primary offenses committed, costs of incarceration, and other factors affecting public safety and 

the criminal justice system. USMS and BOP continue to develop their processes to allow for 

more robust reporting of information related to E.O. 13768.

 

2 Total counts in BOP and USMS custody reflect the populations on reported dates and are not quarterly or yearly 

totals.

3

“Unlawful presence” includes those circumstances in which an “alien is present in the United States after the 

expiration of the period of stay authorized ... or is present in the United States without being admitted or paroled.” 8 

U.S.C. § 1182(a)(9)(B)(ii).
Fiscal Year 2019, Quarter 1

Summary of Findings

A total of 51,186 known or suspected aliens were in BOP or USMS custody at the end of the first 

quarter of FY19 (see Figure 1-1). Of those, 32,926 (64.3 percent) were subjects of removal 

orders or had agreed to depart voluntarily; 11,609 (22.7 percent) were still under investigation by 

ICE to determine alienage; 4,441 (8.7 percent) were illegally present and under adjudication; and 

1,171 (2.3 percent) were legally present and under adjudication. A total of 1,039 aliens (2 

percent) in DOJ custody were granted relief or protection from removal (Pending 

Relief/Benefit).

Figure 1-1: Immigration Status of Known or Suspected Aliens in DOJ Custody, FY19 Q1

Sources: U.S. Department of Justice, U.S. Department of Homeland Security

Ordered 

Removed, 

32,926

Under 

Adjudication 

(Illegal Alien), 

4,441

Under 

Adjudication 

(Legal Alien), 

1,171

Under 

Investigation, 

11,609

Pending 

Relief/Benefit, 

1,039

Ordered Removed Under Adjudication (Illegal Alien)

Under Adjudication (Legal Alien) Under Investigation

Pending Relief/Benefit
Immigration Status of and Offenses Committed by Known or Suspected 

Aliens in BOP Custody

A. Immigration Status of Known or Suspected Aliens in BOP Custody 

As of December 31, 2018, 29,131 known or suspected aliens were in BOP custody. 

Approximately 73 percent of those were confirmed not to have lawful immigration status in the 

United States: 18,435 individuals (63.3 percent of the total number of known or suspected aliens 

in BOP custody) who had been ordered removed and 2,872 individuals (9.9 percent) who were 

unlawfully present and under adjudication. Of the known or suspected aliens in BOP custody, 

940 individuals (3.2 percent) were lawfully present and under adjudication and 790 aliens (2.7

percent) had been granted relief or protection from removal (Pending Relief/Benefit). There were 

6,094 individuals (20.9 percent) under investigation to determine alienage (see Figure 1-2).

Figure 1-2: Immigration Status of Known or Suspected Aliens in BOP Custody, FY19 Q1

Sources: U.S. Department of Justice, U.S. Department of Homeland Security

B. Primary Offenses Committed by Known or Suspected Aliens in BOP Custody 

Of the 29,131 known or suspected aliens in BOP custody, 28,814 had been convicted of an 

offense (317 inmates were in pretrial status). Approximately 50 percent of the 28,814 (14,481) 

had committed drug trafficking or other drug-related offenses (such as conspiracy to commit 

drug trafficking offenses, or smuggling large amounts of drugs on the high seas) as their primary 

Ordered 

Removed, 

18,435

Under 

Adjudication 

(Illegal Alien), 

2,872

Under 

Adjudication 

(Legal Alien), 

940 Under 

Investigation, 

6,094

Pending 

Relief/Benefit, 

790

Ordered Removed Under Adjudication (Illegal Alien)

Under Adjudication (Legal Alien) Under Investigation

Pending Relief/Benefit
offense, making it the most common type of primary offense (see Figure 1-3). Approximately 32

percent (9,193) had committed immigration offenses (such as alien smuggling or illegal reentry 

after deportation) as their primary offense. 

Of the 28,814 convicted known or suspected aliens in BOP custody, 4.9 percent (1,405

individuals) committed fraud and four percent (1,147) committed weapons offenses (including 

firearms offenses). Racketeering and continuing criminal enterprise offenses (including murder 

for hire) were the primary offenses committed by 3.6 percent (1,025) of the same group, while

obscene materials offenses (such as the production or distribution of child pornography) and 

other sex offenses were the primary offenses committed by 1.9 percent (535) of the group. Other 

primary offenses committed by smaller numbers in BOP custody included kidnapping, murder, 

larceny, terrorism, escape, bribery and extortion, rape, and other offenses (1,028, 3.6 percent). 

Many of these non-terrorism-related offenses are typically prosecuted at the state and local 

levels.

Figure 1-3: Primary Offenses Committed by Known or Suspected Aliens in BOP Custody, 

FY19 Q14

Sources: U.S. Department of Justice, U.S. Department of Homeland Security

 

4 Figure 1-3 does not depict the 317 pretrial aliens in BOP custody (1.1 percent of the 29,131 known or suspected 

aliens in BOP custody).

Drugs, 14,481

Immigration, 

9,193

Fraud, 1,405

Weapons, 1,147

Racketeering/Continuing 

Crim. Enterprise, 1,025

Sex, 535 Remaining 

Primary 

Offenses, 1,028

Drugs Immigration

Fraud Weapons

Racketeering/Continuing Crim. Enterprise Sex

Remaining Primary Offenses
Immigration Status of and Pending Charges Against Known or 

Suspected Aliens in USMS Custody

A. Immigration Status of Known or Suspected Aliens in USMS Custody 

The USMS “oversee[s] all detention management matters for individuals remanded to U.S. 

Marshals custody.”

5 USMS also houses certain short-term sentenced individuals, as well as 

sentenced individuals pending transfer to BOP. This report includes data on all known or 

suspected aliens in USMS custody.6 As of December 31, 2018, 22,055 confirmed aliens were in 

USMS custody.

Known or suspected aliens, identified through self-reporting or through confirmation of alienage 

by ICE, composed 37 percent of the 59,185 total individuals in USMS custody. Of the 22,055 

known or suspected aliens in USMS custody, 65.7 percent (14,491 individuals) had removal 

orders; 25 percent (5,515 individuals) had their immigration status currently under investigation;

and 7.1 percent (1,569 individuals) were unlawfully present and in removal proceedings (see

Figure 1-4). One percent (231 individuals) were lawfully present and in immigration 

proceedings, and 1.1 percent (249 individuals) were in receipt of a grant of protection or relief 

from removal (Pending Relief/Benefit).

 

5 Fact Sheet: U.S. Marshals, 2020, available at https://www.usmarshals.gov/duties/factsheets/overview.pdf. 

6 USMS data reflect all aliens in USMS custody, not just pretrial aliens, as the USMS also detains post-trial aliens 

completing short-term sentences or awaiting transfer to BOP.
Figure 1-4: Immigration Status of Known or Suspected Aliens in USMS Custody, FY19 Q1

Sources: U.S. Department of Justice, U.S. Department of Homeland Security

B. Pending Primary Charges Against Known or Suspected Aliens in USMS Custody 

Of the 22,055 known or suspected aliens in USMS custody, 21,204 were being held for reasons 

other than being material witnesses. Approximately 60 percent of the 21,204 (12,795 

individuals) were in custody for a primary offense related to immigration, such as alien 

smuggling or illegal reentry after deportation (see Figure 1-5), and 21.7 percent (4,600 

individuals) were in custody for a primary offense related to drugs. Other primary offenses 

included violations of conditions of supervision (1,289 individuals, 6.1 percent), property 

offenses (992 individuals, 4.7 percent), violent offenses (436 individuals, 2.1 percent), and 

weapons offenses (418 individuals, 2 percent). Approximately three percent (3.2 percent) (674 

individuals) were in custody for an unlisted offense or were in USMS custody due to a writ, 

hold, or transfer.

Ordered 

Removed, 

14,491

Under 

Adjudication 

(Illegal Alien), 

1,569

Under 

Adjudication 

(Legal Alien), 

231 Under 

Investigation, 

5,515

Pending 

Relief/Benefit, 

249

Ordered Removed Under Adjudication (Illegal Alien)

Under Adjudication (Legal Alien) Under Investigation

Pending Relief/Benefit
Figure 1-5: Pending Primary Charges Against Known or Suspected Aliens in USMS Custody, 

FY19 Q17

Sources: U.S. Department of Justice, U.S. Department of Homeland Security

C. Costs Associated With Known or Suspected Aliens in USMS Custody 

During the quarter ending December 31, 2018, the USMS spent approximately $161 million to 

house noncitizens remanded to their custody in nonfederal detention facilities. The average cost 

to house noncitizens in these facilities was $88.78 per prisoner, per day. Because of the greater 

number of prisoners received into USMS custody, during the quarter ending December 30, 2018,

total detention housing costs increased from $158 million to $161 million, which was 

approximately a 1.9 percent increase from the quarter ending September 30, 2018. 

Institutional Hearing and Removal Program Data

The Institutional Hearing and Removal Program (IHP) is a cooperative effort between EOIR, 

DHS, and various federal, state, and municipal corrections agencies. As part of the IHP, DHS 

identifies alien inmates in BOP, state, or local custody who may be removable from the United 

States and initiates their removal proceedings before EOIR while the aliens continue serving 

their criminal sentences. 

 

7 Figure 1-5 does not depict the 851 individuals (3.9 percent of the 22,055 known or suspected aliens in USMS 

custody) who were in USMS custody as material witnesses.

Immigration, 

12,795

Drugs, 4,600

Supervision 

Violations, 

1,289

Property, 992

Weapons, 418

Violent Crimes, 

436

Other, 674

Immigration Drugs Supervision Violations

Property Weapons Violent Crimes

Other
Between October 1 and December 31, 2018, EOIR completed 586 immigration cases at 50 IHP 

locations. EOIR had 1,859 IHP cases pending at 65 IHP locations as of December 31, 2018 and 

may hear cases at additional IHP locations as circumstances warrant.
Fiscal Year 2019, Quarter 2

Summary of Findings

A total of 52,147 known or suspected aliens were in BOP and USMS custody for a range of 

offenses at the end of the second quarter of FY19 (see Figure 2-1). Of those, 30,657 (58.8 

percent) were known or suspected aliens with orders of removal or who had agreed to depart 

voluntarily; 15,512 (29.7 percent) were still under investigation by ICE to determine alienage;

3,948 (7.6 percent) were aliens who were illegally present and under adjudication; and 1,086 (2.1 

percent) were legally present and under adjudication. A total of 944 aliens (1.8 percent) in DOJ 

custody had been granted relief or protection from removal (Pending Relief/Benefit).

Figure 2-1: Immigration Status of Known or Suspected Aliens in DOJ Custody, FY19 Q2

Sources: U.S. Department of Justice, U.S. Department of Homeland Security

Ordered 

Removed, 

30,657

Under 

Adjudication 

(Illegal Alien), 

3,948

Under 

Adjudication 

(Legal Alien), 

1,086

Under 

Investigation, 

15,512

Pending 

Relief/Benefit, 

944

Ordered Removed Under Adjudication (Illegal Alien)

Under Adjudication (Legal Alien) Under Investigation

Pending Relief/Benefit
Immigration Status of and Offenses Committed by Known or Suspected 

Aliens in BOP Custody

A. Immigration Status of Known or Suspected Aliens in BOP Custody 

As of March 31, 2019, 28,820 known or suspected aliens were in BOP custody. Approximately 

73 percent were confirmed not to have lawful immigration status in the United States: 18,143 

individuals (63 percent of the total number of known or suspected aliens in BOP custody) who 

had been ordered removed and 2,851 individuals (9.9 percent) who were unlawfully present and 

in removal proceedings. Of the known or suspected aliens in BOP custody, 899 individuals (3.1

percent) were lawfully present and in removal proceedings and 787 aliens (2.7 percent) had been 

granted relief or protection from removal (Pending Relief/Benefit). There were 6,140 individuals 

(21.3 percent) under investigation to determine alienage (see Figure 2-2).

Figure 2-2: Immigration Status of Known or Suspected Aliens in BOP Custody, FY19 Q2

Sources: U.S. Department of Justice, U.S. Department of Homeland Security

B. Primary Offenses Committed by Known or Suspected Aliens in BOP Custody 

Of the 28,820 known or suspected aliens in BOP custody, 28,409 had been convicted of an 

offense (411 inmates were in pretrial status). Nearly 50 percent of the 28,409 (14,154) had 

committed drug trafficking or other drug-related offenses (such as conspiracy to commit drug 

trafficking offenses, or smuggling large amounts of drugs on the high seas) as their primary 

Ordered 

Removed, 

18,143

Under 

Adjudication 

(Illegal 

Alien), 2,851

Under 

Adjudication 

(Legal Alien), 

899

Under 

Investigation, 

6,140

Pending 

Relief/Benefit, 

787

Ordered Removed Under Adjudication (Illegal Alien)

Under Adjudication (Legal Alien) Under Investigation

Pending Relief/Benefit
offense, making it the most common type of primary offense (see Figure 2-3). Approximately 32

percent (9,153) had committed immigration offenses (such as alien smuggling or illegal reentry 

after deportation) as their primary offense. 

Of the 28,409 convicted known or suspected aliens in BOP custody, five percent (1,413 

individuals) committed fraud and four percent (1,124 individuals) committed weapons offenses 

(including firearms offenses). Racketeering and continuing criminal enterprise offenses 

(including murder for hire) were the primary offenses committed by 3.6 percent (1,029) of the 

same group, while obscene materials offenses (such as the production or distribution of child 

pornography) and other sex offenses were the primary offenses committed by 1.9 percent (541)

of the group. Other primary offenses committed by smaller numbers in BOP custody included 

kidnapping, murder, larceny, terrorism, escape, bribery and extortion, rape, and other offenses

(995, 3.5 percent)—aside from terrorism-related offenses, many of these types of offenses are 

typically prosecuted at the state and local levels.
Figure 2-3: Primary Offenses Committed by Known or Suspected Aliens in BOP Custody, 

FY19 Q28

Sources: U.S. Department of Justice, U.S. Department of Homeland Security

Immigration Status of and Pending Charges Against Known or 

Suspected Aliens in USMS Custody

A. Immigration Status of Known or Suspected Aliens in USMS Custody 

The USMS is DOJ’s component charged with the housing and care of federal pretrial detainees. 

USMS also houses certain short-term sentenced individuals as well as sentenced individuals 

pending transfer to BOP. This report includes data on all known or suspected aliens in USMS 

custody.9 As of March 31, 2019, 23,327 known or suspected aliens were in USMS custody.

Known or suspected aliens, identified through self-reporting or through confirmation of alienage 

by ICE, composed 38 percent of the 61,948 total individuals in USMS custody. Of the 23,327 

known or suspected aliens in USMS custody, 53.6 percent (12,514 individuals) had removal 

orders; 40.2 percent (9,372 individuals) had their immigration status currently under 

investigation; and 4.7 percent (1,097 individuals) were unlawfully present and in removal 

 

8 Figure 2-3 does not depict the 411 pretrial aliens in BOP custody (1.4 percent of the 28,820 known or suspected 

aliens in BOP custody).

9 USMS data reflect all aliens in USMS custody, and do not delineate solely pretrial aliens as the USMS also detains 

post-trial aliens completing short-term sentences or awaiting transfer to BOP.

Drugs, 14,154

Immigration, 

9,153

Fraud, 1,413

Weapons, 1,124

Racketeering/Continuing Crim. 

Enterprise, 1,029

Sex, 541 Remaining 

Primary 

Offenses, 995

Drugs Immigration

Fraud Weapons

Racketeering/Continuing Crim. Enterprise Sex

Remaining Primary Offenses
proceedings (see Figure 2-4). Less than one percent (0.8 percent) (187 individuals) were lawfully 

present and in immigration proceedings, and less than one percent (0.7 percent) (157 individuals) 

were in receipt of a grant of protection or relief from removal (Pending Relief/Benefit).

Figure 2-4: Immigration Status of Known or Suspected Aliens in USMS Custody, FY19 Q2

Sources: U.S. Department of Justice, U.S. Department of Homeland Security

B. Pending Primary Charges Against Known or Suspected Aliens in USMS Custody 

Of the 23,327 known or suspected aliens in USMS custody, 22,404 were being held for reasons 

other than being material witnesses. Approximately 62 percent of the 22,404 (13,904 

individuals) were in custody for a primary offense related to immigration, such as alien 

smuggling or illegal reentry after deportation (see Figure 2-5), and 21.3 percent (4,763 

individuals) were in custody for a primary offense related to drugs. Other primary offenses 

included violations of conditions of supervision (1,200 individuals, 5.4 percent), property 

offenses (956 individuals, 4.3 percent), violent offenses (438 individuals, 2 percent), and

weapons offenses (427 individuals, 1.9 percent). Approximately three percent (3.2 percent) (716 

individuals) were in custody for an unlisted offense or were in USMS custody due to a writ, 

hold, or transfer. 

Ordered 

Removed, 

12,514

Under 

Adjudication 

(Illegal Alien), 

1,097

Under 

Adjudication 

(Legal Alien), 

187

Under 

Investigation, 

9,372

Pending 

Relief/Benefit, 

157

Ordered Removed Under Adjudication (Illegal Alien)

Under Adjudication (Legal Alien) Under Investigation

Pending Relief/Benefit
Figure 2-5: Pending Primary Charges Against Known or Suspected Aliens in USMS Custody, 

FY19 Q210

Sources: U.S. Department of Justice, U.S. Department of Homeland Security

C. Costs Associated With Known or Suspected Aliens in USMS Custody 

During the quarter ending March 31, 2018, the USMS directly expended approximately $155 

million to house noncitizens remanded to their custody in nonfederal detention facilities. The 

average cost to house noncitizens in these facilities was $88.12 per prisoner, per day. Because of 

the lower number of prisoners received into USMS custody, during the quarter ending March 31, 

2019, total detention housing costs decreased by approximately 3.7 percent compared to the 

quarter ending December 31, 2018, from $161 million to $155 million. 

Institutional Hearing and Removal Program Data

Between January 1 and March 31, 2019, EOIR completed 651 immigration cases at 45 IHP 

locations. EOIR had 1,798 IHP cases pending at 59 IHP locations as of March 31, 2019, and may 

hear cases at additional IHP locations as circumstances warrant.

 

10 Figure 2-5 does not depict the 923 individuals (4 percent of the 23,327 known or suspected aliens in USMS 

custody) who were in USMS custody as material witnesses.

Immigration, 

13,904

Drugs, 4,763

Supervision 

Violations, 

1,200

Property, 956

Weapons, 427

Violent Crimes, 

438

Other, 716

Immigration Drugs Supervision Violations

Property Weapons Violent Crimes

Other
Fiscal Year 2019, Quarter 3

Summary of Findings

A total of 52,664 known or suspected aliens were in BOP and USMS custody for a range of 

offenses at the end of the third quarter of FY19 (see Figure 3-1). Of those, 29,399 (55.8 percent) 

were confirmed aliens with orders of removal or who had agreed to depart voluntarily; 17,523 

(33.3 percent) were still under investigation by ICE to determine alienage; 3,770 (7.2 percent) 

were aliens who were illegally present and under adjudication; and 1,038 (2 percent) were 

legally present and under adjudication. A total of 934 aliens (1.8 percent) in DOJ custody had 

been granted relief or protection from removal (Pending Relief/Benefit).

Figure 3-1: Immigration Status of Known or Suspected Aliens in DOJ Custody, FY19 Q3

Sources: U.S. Department of Justice, U.S. Department of Homeland Security

Ordered 

Removed, 

29,399

Under 

Adjudication 

(Illegal Alien), 

3,770

Under 

Adjudication 

(Legal Alien), 

1,038

Under 

Investigation, 

17,523

Pending 

Relief/Benefit, 

934

Ordered Removed Under Adjudication (Illegal Alien)

Under Adjudication (Legal Alien) Under Investigation

Pending Relief/Benefit
Immigration Status of and Offenses Committed by Known or Suspected 

Aliens in BOP Custody

A. Immigration Status of Known or Suspected Aliens in BOP Custody 

As of June 30, 2019, 28,701 known or suspected aliens were in BOP custody. Seventy-three 

percent of the known or suspected aliens were confirmed not to have lawful immigration status 

in the United States: 18,133 individuals (63.2 percent of the total number of known or suspected 

aliens in BOP custody) who had been ordered removed and 2,803 individuals (9.8 percent) who 

were unlawfully present and in removal proceedings. Of the known or suspected aliens in BOP 

custody, 887 individuals (3.1 percent) were lawfully present and in removal proceedings and 792 

aliens (2.8 percent) had been granted relief or protection from removal (Pending Relief/Benefit). 

There were 6,086 individuals (21.2 percent) under investigation to determine alienage (see

Figure 3-2).

Figure 3-2: Immigration Status of Known or Suspected Aliens in BOP Custody, FY19 Q3

Sources: U.S. Department of Justice, U.S. Department of Homeland Security

B. Primary Offenses Committed by Known or Suspected Aliens in BOP Custody 

Of the 28,701 known or suspected aliens in BOP custody, 28,309 had been convicted of an 

offense (392 inmates were in pretrial status). Approximately 50 percent of the 28,309 (14,120 

individuals) had committed drug trafficking or other drug-related offenses (such as conspiracy to 

Ordered 

Removed, 

18,133

Under 

Adjudication 

(Illegal Alien), 

2,803

Under 

Adjudication 

(Legal Alien), 

887

Under 

Investigation, 

6,086

Pending 

Relief/Benefit, 

792

Ordered Removed Under Adjudication (Illegal Alien)

Under Adjudication (Legal Alien) Under Investigation

Pending Relief/Benefit
commit drug trafficking offenses, or smuggling large amounts of drugs on the high seas) as their 

primary offense, making it the most common type of primary offense (see Figure 3-3). 

Approximately 32 percent (9,060) had committed immigration offenses (such as alien smuggling 

or illegal reentry after deportation) as their primary offense. 

Of the 28,309 convicted known or suspected aliens in BOP custody, 5.1 percent (1,444

individuals) committed fraud and four percent (1,138) committed weapons offenses (including 

firearms offenses). Racketeering and continuing criminal enterprise offenses (including murder 

for hire) were the primary offenses committed by 3.6 percent (1,022) of the same group, while

obscene materials offenses (such as the production or distribution of child pornography) and 

other sex offenses were the primary offenses committed by 1.9 percent (545) of the group. Other 

primary offenses committed by smaller numbers in BOP custody included kidnapping, murder, 

larceny, terrorism, escape, bribery and extortion, rape, and other offenses (980, 3.5 percent)—

aside from terrorism-related offenses, many of these types of offenses are typically prosecuted at 

the state and local levels.
Figure 3-3: Primary Offenses Committed by Known or Suspected Aliens in BOP Custody, 

FY19 Q311

Sources: U.S. Department of Justice, U.S. Department of Homeland Security

Immigration Status of and Pending Charges Against Known or 

Suspected Aliens in USMS Custody

A. Immigration Status of Known or Suspected Aliens in USMS Custody 

As of June 30, 2019, 23,963 known or suspected aliens were in USMS custody.

Known or suspected aliens, identified through self-reporting or through confirmation of alienage 

by ICE, composed 38 percent of the 63,217 total individuals in USMS custody. Of the 23,963 

known or suspected aliens in USMS custody, 47 percent (11,266 individuals) had removal 

orders; 47.7 percent (11,437 individuals) had their immigration status currently under 

investigation; and four percent (967 individuals) were unlawfully present and in removal 

proceedings (see Figure 3-4). Less than one percent (0.6 percent) (151 individuals) were lawfully 

 

11 Figure 3-3 does not depict the 392 pretrial aliens in BOP custody (1.4 percent of the 28,701 known or suspected 

aliens in BOP custody).

Drugs, 14,120

Immigration, 

9,060

Fraud, 1,444

Weapons, 1,138

Racketeering/Continuing 

Crim. Enterprise, 1,022

Sex, 545 Remaining 

Primary 

Offenses, 980

Drugs Immigration

Fraud Weapons

Racketeering/Continuing Crim. Enterprise Sex

Remaining Primary Offenses
present and in immigration proceedings, and less than one percent (0.6 percent) (142 individuals) 

were in receipt of a grant of protection or relief from removal (Pending Relief/Benefit).

Figure 3-4: Immigration Status of Known or Suspected Aliens in USMS Custody, FY19 Q3

Sources: U.S. Department of Justice, U.S. Department of Homeland Security

B. Pending Primary Charges Against Known or Suspected Aliens in USMS Custody 

Of the 23,963 known or suspected aliens in USMS custody, 22,673 were being held for reasons 

other than being material witnesses. Approximately 62 percent of the 22,673 (14,116

individuals) were in custody for a primary offense related to immigration, such as alien 

smuggling or illegal reentry after deportation (see Figure 3-5), and 20.5 percent (4,647

individuals) were in custody for a primary offense related to drugs. Other primary offenses 

included violations of conditions of supervision (1,252 individuals, 5.5 percent), property 

offenses (989 individuals, 4.4 percent), violent offenses (455 individuals, 2 percent), and 

weapons offenses (451 individuals, 2 percent). Approximately three percent (3.4 percent) (763 

individuals) were in custody for an unlisted offense or were in USMS custody due to a writ, 

hold, or transfer. 

Ordered 

Removed, 

11,266

Under 

Adjudication 

(Illegal Alien), 

967

Under 

Adjudication 

(Legal Alien), 

151

Under 

Investigation, 

11,437

Pending 

Relief/Benefit, 

142

Ordered Removed Under Adjudication (Illegal Alien)

Under Adjudication (Legal Alien) Under Investigation

Pending Relief/Benefit
Figure 3-5: Pending Primary Charges Against Known or Suspected Aliens in USMS Custody, 

FY19 Q312

Sources: U.S. Department of Justice, U.S. Department of Homeland Security

C. Costs Associated With Known or Suspected Aliens in USMS Custody 

During the quarter ending June 30, 2019, the USMS directly expended approximately $159 

million to house noncitizens remanded to their custody in nonfederal detention facilities. The 

average cost to house noncitizens in these facilities was $88.04 per prisoner, per day. Because of 

the greater number of prisoners received into USMS custody, during the quarter ending June 30, 

2019, total detention housing costs increased by approximately 2.6 percent compared to the 

quarter ending March 31, 2019, from $155 million to $159 million. 

Institutional Hearing and Removal Program Data

Between April 1 and June 30, 2019, EOIR completed 648 immigration cases at 50 IHP locations. 

EOIR had 1,820 IHP cases pending at 58 IHP locations as of June 30, 2019 and may hear cases 

at additional IHP locations as circumstances warrant.

 

12 Figure 3-5 does not depict the 1,290 individuals (5.4 percent of the 23,963 known or suspected aliens in USMS

custody) who were in USMS custody as material witnesses.

Immigration, 

14,116

Drugs, 4,647

Supervision 

Violations, 

1,252

Property, 989

Weapons, 451

Violent Crimes, 

455

Other, 763

Immigration Drugs Supervision Violations

Property Weapons Violent Crimes

Other
Fiscal Year 2019, Quarter 4

Summary of Findings

A total of 51,074 known or suspected aliens were in BOP and USMS custody for a range of 

offenses at the end of the fourth quarter of FY19 (see Figure 4-1). Of those, 27,266 (53.4 

percent) were confirmed aliens with orders of removal or who had agreed to depart voluntarily;

18,308 (35.8 percent) were still under investigation by ICE to determine alienage; 3,691 (7.2 

percent) were aliens who were illegally present and under adjudication; and 936 (1.8 percent) 

were legally present and under adjudication. A total of 873 aliens (1.7 percent) in DOJ custody 

had been granted relief or protection from removal (Pending Relief/Benefit).

Figure 4-1: Immigration Status of Known or Suspected Aliens in DOJ Custody, FY19 Q4

Sources: U.S. Department of Justice, U.S. Department of Homeland Security

Ordered 

Removed, 

27,266

Under 

Adjudication 

(Illegal Alien), 

3,691

Under 

Adjudication 

(Legal 

Alien), 936

Under 

Investigation, 

18,308

Pending 

Relief/Benefit, 

873

Ordered Removed Under Adjudication (Illegal Alien)

Under Adjudication (Legal Alien) Under Investigation

Pending Relief/Benefit
Immigration Status of and Offenses Committed by Known or Suspected 

Aliens in BOP Custody

A. Immigration Status of Known or Suspected Aliens in BOP Custody 

As of September 30, 2019, 27,494 known or suspected aliens were in BOP custody. 

Approximately 72 percent were confirmed not to have lawful immigration status in the United 

States: 16,970 individuals (61.7 percent of the total number of known or suspected aliens in BOP 

custody) who had been ordered removed and 2,797 individuals (10.2 percent) who were 

unlawfully present and in removal proceedings. Of the known or suspected aliens in BOP 

custody, 830 individuals (3 percent) were lawfully present and in removal proceedings and 777 

aliens (2.8 percent) had been granted relief or protection from removal (Pending Relief/Benefit). 

There were 6,120 individuals (22.3 percent) under investigation to determine alienage (see

Figure 4-2).

Figure 4-2: Immigration Status of Known or Suspected Aliens in BOP Custody, FY19 Q4

Sources: U.S. Department of Justice, U.S. Department of Homeland Security

B. Primary Offenses Committed by Known or Suspected Aliens in BOP Custody 

Of the 27,494 known or suspected aliens in BOP custody, 27,125 had been convicted of an 

offense (369 inmates were in pretrial status). Nearly 51 percent of the 27,125 (13,727) had

committed drug trafficking or other drug-related offenses (such as conspiracy to commit drug 

Ordered 

Removed, 

16,970

Under 

Adjudication 

(Illegal Alien), 

2,797

Under 

Adjudication 

(Legal Alien), 

830 Under 

Investigation, 

6,120

Pending 

Relief/Benefit, 

777

Ordered Removed Under Adjudication (Illegal Alien)

Under Adjudication (Legal Alien) Under Investigation

Pending Relief/Benefit
trafficking offenses, or smuggling large amounts of drugs on the high seas) as their primary 

offense, making it the most common type of primary offense (see Figure 4-3). Approximately 31 

percent (8,403) had committed immigration offenses (such as alien smuggling or illegal reentry 

after deportation) as their primary offense. 

Of the 27,125 convicted known or suspected aliens in BOP custody, 5.1 percent (1,380 

individuals) committed fraud and four percent (1,086) committed weapons offenses (including 

firearms offenses). Racketeering and continuing criminal enterprise offenses (including murder 

for hire) were the primary offenses committed by 3.7 percent (1,007) of the same group, while

obscene materials offenses (such as the production or distribution of child pornography) and 

other sex offenses were the primary offenses committed by two percent (553) of the group. Other 

primary offenses committed by smaller numbers in BOP custody included kidnapping, murder, 

larceny, terrorism, escape, bribery and extortion, rape, and other offenses (969, 3.6 percent)—

aside from terrorism-related offenses, many of these types of offenses are typically prosecuted at 

the state and local levels.

Figure 4-3: Primary Offenses Committed by Known or Suspected Aliens in BOP Custody, 

FY19 Q413

Sources: U.S. Department of Justice, U.S. Department of Homeland Security

 

13 Figure 4-3 does not depict the 369 pretrial aliens in BOP custody (1.3 percent of the 27,494 known or suspected 

aliens in BOP custody).

Drugs, 13,727

Immigration, 

8,403

Fraud, 1,380

Weapons, 1,086

Racketeering/Continuing 

Crim. Enterprise, 1,007

Sex, 553 Remaining 

Primary 

Offenses, 969

Drugs Immigration

Fraud Weapons

Racketeering/Continuing Crim. Enterprise Sex

Remaining Primary Offenses
Immigration Status of and Pending Charges Against Known or 

Suspected Aliens in USMS Custody

A. Immigration Status of Known or Suspected Aliens in USMS Custody 

As of September 30, 2019, 23,580 known or suspected aliens were in USMS custody.

Known or suspected aliens, identified through self-reporting or through confirmation of alienage 

by ICE, composed 37 percent of the 63,725 total individuals in USMS custody. Of the 23,580 

known or suspected aliens in USMS custody, 43.7 percent (10,296 individuals) had removal 

orders; 51.7 percent (12,188 individuals) had their immigration status currently under 

investigation; and 3.8 percent (894 individuals) were unlawfully present and in removal 

proceedings (see Figure 4-4). Less than one percent (0.4 percent) (106 individuals) of the known 

or suspected aliens in USMS custody were lawfully present and in immigration proceedings, and 

less than one percent (0.4 percent) (96 individuals) of the known or suspected aliens in USMS 

custody were in receipt of a grant of protection or relief from removal (Pending Relief/Benefit).

Figure 4-4: Immigration Status of Known or Suspected Aliens in USMS Custody, FY19 Q4

Sources: U.S. Department of Justice, U.S. Department of Homeland Security

Ordered 

Removed, 

10,296

Under 

Adjudication 

(Illegal Alien), 

894

Under 

Adjudication 

(Legal Alien), 

106

Under 

Investigation, 

12,188

Pending 

Relief/Benefit, 

96

Ordered Removed Under Adjudication (Illegal Alien)

Under Adjudication (Legal Alien) Under Investigation

Pending Relief/Benefit
B. Pending Primary Charges Against Known or Suspected Aliens in USMS Custody 

Of the 23,580 known or suspected aliens in USMS custody, 22,359 were being held for reasons 

other than being material witnesses. Approximately 61 percent of the 22,359 (13,662 

individuals) were in custody for a primary offense related to immigration, such as alien 

smuggling or illegal reentry after deportation (see Figure 4-5), and 21.6 percent (4,833 

individuals) were in custody for a primary offense related to drugs. Other primary offenses 

included violations of conditions of supervision (1,205 individuals, 5.4 percent), property 

offenses (1,037 individuals, 4.6 percent), violent offenses (457 individuals, 2 percent), and 

weapons offenses (422 individuals, 1.9 percent). Approximately three percent (3.3 percent) (743 

individuals) were in custody for an unlisted offense or were in USMS custody due to a writ, 

hold, or transfer. 

Figure 4-5: Pending Primary Charges Against Known or Suspected Aliens in USMS Custody, 

FY19 Q414

Sources: U.S. Department of Justice, U.S. Department of Homeland Security

 

14 Figure 4-5 does not depict the 1,221 individuals (5.2 percent of the 23,580 known or suspected aliens in USMS 

custody) who were in USMS custody as material witnesses.

Immigration, 

13,662

Drugs, 4,833

Supervision 

Violations, 

1,205

Property, 1,037

Weapons, 422

Violent Crimes, 

457

Other, 743

Immigration Drugs Supervision Violations

Property Weapons Violent Crimes

Other
C. Costs Associated With Known or Suspected Aliens in USMS Custody 

During the quarter ending September 30, 2019, the USMS directly expended approximately $162 

million to house noncitizens remanded to their custody in nonfederal detention facilities. The 

average cost to house noncitizens in these facilities was $88.19 per prisoner, per day. Because of 

the greater number of prisoners received into USMS custody, during the quarter ending 

September 30, 2019, total detention housing costs increased by approximately 1.9 percent 

compared to the quarter ending June 30, 2019, from $159 million to $162 million. 

Institutional Hearing and Removal Program Data

Between July 1 and September 30, 2019, EOIR completed 605 immigration cases at 41 IHP 

locations. EOIR had 1,586 IHP cases pending at 53 IHP locations as of September 30, 2019, and 

may hear cases at additional IHP locations as circumstances warrant.
Fiscal Year 2019 Data on the Immigration 

Status of Individuals in State and Local Custody

Through its Office of Justice Programs, Bureau of Justice Statistics (BJS), DOJ continues 

making progress toward acquiring better data regarding the immigration status of convicted 

aliens incarcerated in state prisons and local detention centers. In the meantime, some data are

already available from particular states, such as Texas. 

A. Gathering Data from State Prisons

BJS currently collects on an annual basis aggregate numbers of noncitizens in state and federal 

prisons through the National Prisoner Statistics (NPS) program.15 The most recent counts, 

released in April 2019, were from December 31, 2017. According to Prisoners in 2017, data 

from 45 states show that an estimated 69,300 non-U.S. citizens were held in public and private 

state prison facilities at year-end 2017.16 

BJS is also continuing its efforts to modify the National Corrections Reporting Program (NCRP), 

the BJS annual collection of individual-level state prisoner records, to collect citizenship status 

of all inmates in state prisons. In November 2018, the Office of Information and Regulatory 

Affairs at the Office of Management and Budget granted conditional clearance for BJS to utilize 

a modified NCRP. The modified NCRP now also collects information regarding whether inmates 

in state prisons are citizens of the United States, the country of each inmate’s current citizenship, 

and the country of each inmate’s birth. BJS began data collection using the modified NCRP in 

early 2019, and as of May 14, 2019, 20 of the 34 states that have submitted NCRP data provided 

responses to at least one of the new citizenship questions.

BJS fielded its latest iteration of the Census of Prison Facilities in July 2019, and has included a 

question on the number of non-U.S. citizens per facility. Results are expected in the fall or winter 

of 2020.

B. Gathering Data from Local Detention Facilities

BJS currently collects data from local detention facilities through its Annual Survey of Jails 

(ASJ). Currently, the ASJ data cannot be used to accurately estimate the total number of 

noncitizens in local custody. BJS is working to improve reporting from local facilities, and to 

develop ASJ’s data collection to allow the disaggregation of conviction status, which would 

enable analysis of ASJ data to determine the number of noncitizens in custody, and to break 

down those numbers by conviction status. 

During the first quarter of FY18, BJS fielded a pilot study to investigate the ability of local jail 

facilities to report this information. Based on the results of the study, BJS decided to include 

inquiries related to two data points on its 2019 Census of Jails (COJ, which substitutes for the 

 

15 https://www.bjs.gov/index.cfm?ty=dcdetail&iid=269.

16 BJS, Prisoners in 2017 (April 2019), 15, available at https://www.bjs.gov/content/pub/pdf/p17.pdf.
ASJ every 5–7 years): a one-day count of noncitizens and a one-day count of noncitizens 

disaggregated by conviction status. The COJ was fielded in late July 2019, and will be analyzed 

during the spring and summer of 2020.

Cases of Certain Sentenced Aliens in BOP 

Custody in FY19
FY19, Quarter 1

Southern District of Florida

Alien Smuggling Resulting in Rape and Murder

Miami, Florida – December 4, 2018 – Fredis Valencia Palacios, 30, a Colombian national, was 

sentenced to 180 months in prison for his role in a scheme to smuggle illegal aliens from 

Colombia into the United States, which resulted in the rape of one and the death of two Cuban 

nationals. 

Valencia Palacios and his co-defendants organized and arranged the unlawful smuggling of 

illegal aliens, transporting them across Colombia toward the Panamanian border, en route to the 

United States. In 2016, three Cuban nationals arranged with, and paid, the defendants to transport 

them from Colombia to Panama, as they traveled to the United States, intending to arrive in 

Miami. Valencia Palacios delivered the three victims to a boat captained by his co-defendants to 

begin the journey to Panama. During the trip, the co-defendants pulled a knife and a gun on the 

victims. One of the co-defendants threw the male passengers overboard, anchoring them with 

rope to the inside of the boat. The surviving male victim reported that he heard the co-defendants 

sexually assault the female victim before cutting her throat and murdering her. The surviving 

victim also heard the co-defendants cut the other male victim’s throat, killing him. The survivor 

managed to escape by swimming and was subsequently rescued by the Colombian Navy. 

Western District of Louisiana

Illegal Reentry

Lake Charles, Louisiana – November 27, 2018 – Boney D. Cruz-Funez, 33, of Progresso, 

Honduras, was sentenced to 10 months’ custody on one count of illegal reentry of a previously 

deported alien. On April 11, 2018, Sulphur (Louisiana) police conducted a traffic stop on CruzFunez’s vehicle on Interstate 10. After the stop, Cruz-Funez admitted to being in the country 

illegally. Cruz-Funez had been removed from the United States previously on four occasions, 

most recently from San Antonio, Texas, in May 2013.

District of South Carolina

Drug Trafficking

Charleston, South Carolina – November 8, 2018 – Marcos Rodriguez Lopez, 34, a Mexican 

citizen living in Gaston, South Carolina, was sentenced to 262 months in federal prison for 

conspiracy to distribute five kilograms or more of cocaine. 

According to court documents, Lopez and others conspired to possess with intent to distribute 

and to distribute multiple kilograms of cocaine. On January 10, 2017, federal, state, and local 

authorities executed search warrants at Lopez’s residence and another nearby residence. As 

officers with the South Carolina Highway Patrol announced their presence and attempted to enter 

Lopez’s residence, Lopez fired one shot through the door where the officers were located before 

surrendering. Lopez, who was residing in the United States illegally, was ultimately held 

accountable for more than 12 kilograms of cocaine. 

Northern District of West Virginia

Illegal Reentry
Clarksburg, West Virginia – October 29, 2018 – Juan Mendez-Patishtan, 35, a Mexican national, 

received a sentence of 15 months’ custody after entering a guilty plea to one count of reentry of a 

removed alien. Mendez-Patishtan admitted to reentering the United States illegally after being 

removed six separate times from 2010 to 2016. Mendez-Patishtan was found in Harrison County, 

West Virginia, in April 2018.

Northern District of West Virginia

Drug Charges

Wheeling, West Virginia – October 15, 2018 – Hsun Jung Chang, 30, and Shougi Li, 24, both 

illegally present in the United States, were sentenced to four months’ custody after entering 

guilty pleas in July 2018 to one count of conspiracy to possess with the intent to distribute and 

distribute marijuana. The men admitted to possessing marijuana in Ohio County, West Virginia, 

in May 2018.

FY19, Quarter 2

Middle District of Florida 

Alien Smuggling 

Tampa, Florida – January 11, 2019 – Eutiquio Mendoza-Nandho, 46, from Mexico, was 

sentenced to five years and ten months in federal prison for conspiring to bring and bringing 

illegal aliens into the United States. Mendoza-Nandho pleaded guilty on August 29, 2018. 

Mendoza-Nandho, the organizer and leader of a Mexican smuggling organization, worked with 

his son and another family member, Juan Nopal-Nopal, to smuggle at least 78 illegal aliens—

many of whom had been previously deported—from Mexico into Texas. They then transferred 

the aliens to destinations across the United States, including into the Middle District of Florida. 

The court found that the conditions of the trip, which involved multiple days of walking across 

the desert in dangerous conditions and without sufficient food or water, put the aliens at 

substantial risk of injury or death. 

Northern District of Iowa 

Fraudulent Use of a Social Security Number to Obtain Welfare Benefits 

Cedar Rapids, Iowa – March 27, 2019 – Melvin Rodriguez-Barrios, 44, a citizen of Guatemala 

illegally present in the United States and residing in Clarion, Iowa, was sentenced to six months 

in custody after a bench trial finding him guilty of three counts of unlawful use of an 

identification document and four counts of misuse of a Social Security Number. 

The evidence at trial showed that on May 23, 2014, August 21, 2014, June 24, 2015, and January 

5, 2016, Rodriguez-Barrios used a Social Security card bearing someone else’s name and Social 

Security Number on employment and tax documents when applying for work at various 

businesses in Clarion and Forest City, Iowa. Rodriguez-Barrios also used a fraudulent Missouri 

state identification card to attempt to support his stolen identity and falsely claimed to be a 

United States citizen when applying for work. Rodriguez-Barrios had been a fugitive from ICE 

since he was ordered deported from the United States in August 2011. Further investigation 

revealed that Rodriguez-Barrios’ wife, Cleotilde Puac-Gomez, 46, also an illegal alien, was 

falsely collecting food stamps and other state welfare benefits by not disclosing Rodriguez-
Barrios’ income earned under the stolen identity. Puac-Gomez pleaded guilty to theft of 

government funds and was sentenced to two months’ custody in June 2019. 

Western District of Louisiana

Drug Distribution / Firearms Possession

Alexandria, Louisiana – March 20, 2019 – Raymundo Pizano-Montes, 34, of Mexico, was 

sentenced to 21 years in prison for distributing LSD in St. Mary Parish and possessing firearms. 

On November 18, 2016, a St. Mary Parish deputy pulled over an SUV in which Pizano-Montes 

was an occupant for a traffic violation. During a search of the vehicle, the deputy found $14,582 

in cash, 319 dosage units of LSD, 82 Xanax pills, marijuana paraphernalia, a scale, and 12 

firearms. Six of the 12 firearms—including an AR-15 assault rifle—were reported stolen. 

Pizano-Montes stated to officers that anything found in the vehicle was his property and that he 

had bought and sold firearms, marijuana, LSD, and Xanax. He was deported in 2010 after having 

been convicted in California for second-degree robbery and reentered the United States illegally.

Southern District of Mississippi 

Possession with Intent to Distribute 

Jackson, Mississippi – March 1, 2019 – Erik Betancourt-Olguin, 25, an illegal alien from 

Mexico, was sentenced to 330 months in federal prison followed by five years of supervised 

release after pleading guilty to one count of conspiracy to possess with intent to distribute 

methamphetamine. On January 30, 2018, Olguin and three others were stopped in a vehicle in 

Hancock County, Mississippi, traveling from Texas to North Carolina. They were transporting 

approximately four kilograms of 99%-pure methamphetamine. 

Southern District of Texas 

Illegal Reentry 

Corpus Christi, Texas – February 13, 2019 – Isidro Rodriguez-Toscano, a 38-year-old Mexican 

national, was sentenced to 46 months’ custody following his conviction for illegal reentry into 

the United States after deportation. At the sentencing hearing, the court heard evidence of 

Rodriguez-Toscano’s convictions for aggravated robbery, felony theft, and assault. RodriguezToscano was also previously convicted for the same offense—illegal reentry—in December 

2009 and was sentenced to 70 months’ custody, later deported, and not permitted to return to the 

United States. However, in August 2018, a Texas Department of Public Safety trooper conducted 

a traffic stop for a defective taillight near Riviera. Rodriguez-Toscano was the driver of that 

vehicle and determined to be illegally present in the country. 

Northern District of West Virginia 

Illegal Reentry 

Martinsburg, West Virginia – February 25, 2019 – Eduardo Hernandez Sanchez, also known as 

Jorge Andrade-Sanchez, 42, a citizen of Mexico, was sentenced to 87 months’ custody for illegal 

reentry. Sanchez pleaded guilty to one count of reentry of a removed alien in October 2018. 

Sanchez, having previously been removed twice, and previously convicted of drug distribution in 

Pennsylvania in 2016, admitted to being in Berkeley County, West Virginia, illegally in February 

2018. 
FY19, Quarter 3

Western District of Louisiana

Illegal Reentry

Lafayette, Louisiana – June 6, 2019 – Jose Melchor Martinez, 49, of San Luis Potosi, Mexico, 

who was formerly on ICE’s Most Wanted list, was sentenced to 18 months’ custody in federal 

prison following a conviction for illegal reentry of a removed alien. Martinez entered a guilty 

plea on January 30, 2019. 

At the time of Martinez’s arrest near Church Point, Louisiana, on October 12, 2018, ICE 

considered Martinez one of its most wanted fugitives. He was removed from the United States on 

September 6, 2003, via the Hidalgo, Texas Port of Entry following a 2002 conviction in

Mecklenburg County, North Carolina, for indecent liberties with a child. After serving time for 

the conviction, he was removed from the United States but later returned on an unknown date. 

Martinez faces deportation upon finishing his prison term.

Middle District of Tennessee

Firearm Possession / Illegal Reentry / Drug Distribution / Threatening and Torturing a 

Federal Witness

Nashville, Tennessee – May 16, 2019 – Gerson Serrano-Ramirez, a/k/a “Frijole,” 31, an illegal 

alien and MS-13 gang member from El Salvador, was sentenced to 19 years in prison. SerranoRamirez was convicted by a federal jury of using physical force to tamper with a witness; being 

an illegal alien in possession of a firearm; illegally reentering the United States after previously 

being deported; multiple counts of cocaine distribution; and multiple counts of other firearms 

violations. At the completion of his sentence, Serrano-Ramirez will be deported from the United 

States.

In July 2017, the activities of Seranno-Ramirez and other MS-13 gang members were disrupting 

the normal operation and business of a local night club. An acquaintance brought this to SerranoRamirez’s attention, asking him to tone down the disruptive behavior. Serrano-Ramirez later 

invited the individual to his home in the Antioch, Tennessee, area, where he assaulted him by 

pointing an assault rifle at him, strangling him with the rifle strap, spraying bleach into his eyes,

and attempting to suffocate him by placing a plastic bag over his head. Finally, while clamping 

the individual’s finger with a pair of pliers and holding an assault rifle on him, Seranno-Ramirez 

told the individual that if he told anyone about the assault that he would kill him and his mother.

Southern District of Texas

Alien Smuggling Resulting in Death

McAllen, Texas – June 10, 2019 – Imer Ares-Chagolla, 36, and Ismael Rivera-Lopez, 19, both 

Mexican citizens, were sentenced to 87 months’ custody and 46 months’ custody, respectively, 

following their convictions for human smuggling that resulted in the death of an alien. AresChagolla and Rivera-Lopez entered guilty pleas on April 1, 2019.

Ares-Chagolla and Rivera-Lopez served as brush guides for a group of aliens who had illegally 

crossed the Rio Grande River from Mexico into the United States. On the afternoon of July 17, 

2018, authorities located the group, learned one of its members was missing and possibly in 
distress, and began emergency search operations in the area. A female citizen of El Salvador was 

soon found unresponsive in the south Texas brush country near Sullivan City. Authorities 

provided emergency medical treatment and transported her to a local hospital. However, she 

ultimately died from multiple organ failure due to shock related to heat stroke. That day, the 

temperature was determined to effectively be 110 degrees in the brush.

Southern District of Texas

Illegal Reentry 

Corpus Christi, Texas – April 5, 2019 – Edward Estuardo Jacinto-Garcia, a 33-year-old 

Guatemalan citizen, was sentenced to 72 months in federal custody following his conviction for 

illegally reentering the United States after deportation. Jacinto-Garcia pleaded guilty on 

November 27, 2018. At the sentencing hearing, the court considered that prior to JacintoGarcia’s first deportation from the United States, he had been convicted of sexual assault and had 

previously been convicted of illegally reentering the country and failing to register as a sex 

offender.

Eastern District of Virginia

Drug Trafficking / Firearms Charges

Alexandria, Virginia – April 19, 2019 – Homero Salgado Alvarez, 46, a citizen of Mexico with a 

prior felony drug trafficking conviction, was sentenced to more than 12 years in prison for 

cocaine distribution and firearms charges related to his involvement in a prolific cocaine 

trafficking network in the mid-Atlantic region of the United States.

Alvarez was previously convicted of drug distribution in 2007, and was subsequently deported to 

Mexico. He later returned to the United States, where he eventually resumed trafficking in 

controlled substances. When he came to the attention of law enforcement in late 2017, he was a 

wholesale cocaine distributor operating in southeastern North Carolina who was regularly 

trafficking in kilogram quantities of cocaine. The cocaine that Alvarez distributed made its way 

up from North Carolina to the greater Washington, D.C. area, including the Eastern District of 

Virginia.

FY19, Quarter 4

Southern District of Florida 

Alien Smuggling 

Miami, Florida – July 11, 2019 – Michael Stapleton, 44, of Jamaica, was sentenced to 262 

months in prison after a South Florida jury convicted him of running an international alien 

smuggling organization out of Freeport, Bahamas. The court found that Stapleton was the 

leader/organizer of the smuggling venture that involved between 20 and 99 victims and that he 

created a risk of substantial bodily harm, sexually assaulted two women, and possessed a 

firearm. 

For several years, Stapleton coordinated the smuggling of aliens to the United States through 

Freeport from around the world. He arranged for them to be hidden in stash houses, hired 

smuggling captains, and arranged for boats to make crossings from the Bahamas to the United 

States. Stapleton used the vulnerability of the aliens to exploit them by demanding more money 
from them after they were in his power, keeping them in deplorable conditions, mistreating them, 

and sending them out in unsafe boats. 

Southern District of Georgia 

Drug Trafficking 

Waycross, Georgia – August 13, 2019 – Ricardo Santana-Hernandez, a/k/a “Richard 

Hernandez,” a/k/a “Armond,” a/k/a “Armani,” 32, of Mexico, was sentenced to 135 months in 

prison, and Ryon Bland, 32, of Douglas, Georgia, was sentenced to 110 months in prison for 

conspiring to possess with intent to distribute large quantities of crystal methamphetamine. After 

completion of their sentences, Santana-Hernandez will be deported, and Bland will be placed on 

court-supervised release for three years. Santana-Hernandez, Bland, and nine other conspirators 

pleaded guilty after their indictment by a federal grand jury in October 2018 for drug trafficking 

and firearms-related offenses. 

In early 2018, the Telfair County (Georgia) Sheriff’s Office received information that Donna 

Bazemore, a/k/a “Dirty D,” 45, of McRae, Georgia, was distributing large quantities of 

methamphetamine from her residence in Telfair County. Investigators searched the residence and 

seized 16 bags of methamphetamine, a bag of cocaine, two bags of MDMA (a/k/a Ecstasy), at 

least six firearms, a video security system, and other drug trafficking tools. Agents arrested 

Bland, who was at the location breaking down methamphetamine into smaller bags for 

distribution. The investigation revealed that Santana-Hernandez was a source of supply for the 

drug trafficking organization that operated in Telfair County and elsewhere. Santana-Hernandez, 

who resided in the Atlanta area illegally, received kilograms of methamphetamine from the “La 

Familia” cartel in Mexico. In August 2018, Santana-Hernandez delivered two kilograms of 

methamphetamine to the Southern District of Georgia via a courier. Federal agents then arrested 

Santana-Hernandez when he came to a Dublin, Georgia, restaurant to collect payment. 

District of Maryland 

Passport Fraud / Falsely Claiming American Citizenship/ Illegal Voting in Ten Federal 

Elections as an Alien 

Greenbelt, Maryland – September 27, 2019 – Michael Nana Baako, 50, a native of Ghana 

residing in Fulton, Maryland, was sentenced to 15 months in federal prison, followed by three 

years of supervised release, for passport fraud. Baako was placed in removal proceedings after 

sentencing. 

Baako and R.A.A. married in Ghana in 1995. Months later, Baako entered the United States 

legally after obtaining a visitor’s visa. In 1998, Baako married a U.S. citizen in Virginia who 

filed a petition for Baako to become a naturalized U.S. citizen. Immigration officials denied the 

petition in 2000 after concluding that Baako’s marriage was a “sham” marriage. In November

2005, Baako registered to vote in Maryland, swearing that he was a U.S. citizen, and 

subsequently voted in ten federal elections. In April 2008, Baako submitted an application for a 

U.S. passport in which he falsely claimed that he was born in North Carolina. Baako used the 

issued passport for international travel on several occasions. In February 2018, Baako filed a 

passport renewal application, again falsely stating that he was a U.S. citizen born in North 

Carolina. In interviews with Department of State officials in 2010 and 2018, Baako falsely stated 

that he was born in North Carolina. Baako and R.A.A. also submitted passport applications on 
behalf of their minor children, in which Baako falsely claimed that he was a citizen of the United 

States.

Southern District of Mississippi

Drug Trafficking

Gulfport, Mississippi – September 9, 2019 – Pablo Vega-Ontanon, 53, an illegal alien from 

Mexico who was living in Georgia, was sentenced to 74 months in federal prison, followed by 

five years of supervised release, for possession with intent to distribute heroin.

On November 6, 2018, Vega-Ontanon and two co-defendants arrived in Gulfport, Mississippi, to 

sell heroin to a confidential informant. They claimed to have ten kilograms of heroin hidden in a 

compartment of their vehicle. All three were arrested shortly thereafter. The substance was 

eventually tested and found to contain nine kilograms of heroin and one kilogram of fentanyl.

One kilogram of fentanyl can produce half a million fatal doses.

Eastern District of Texas 

Illegal Reentry / Drug Trafficking 

Beaumont, Texas – August 13, 2019 – Juan Jose Castro-Ayala, a 37-year-old Mexican national, 

was sentenced to 80 months in federal prison for possession with intent to distribute cocaine and 

24 months for unlawfully reentering the United States after having been deported. The sentences 

were ordered to run concurrently and followed Castro-Ayala’s guilty plea to these violations. 

On September 12, 2018, Castro-Ayala was stopped for a traffic violation in Jefferson County, 

Texas. A search of the vehicle revealed seven kilograms of cocaine inside two five-gallon paint 

buckets. Castro-Ayala was transported to jail where a records check revealed he had been 

previously deported from the United States on three separate occasions in 2014 and again in 

2015. Further investigation revealed Castro-Ayala was convicted in 2003 of assault causing 

bodily injury in Hidalgo County, Texas.