Alien Incarceration Report

Fiscal Year 2018, Quarter 1

June 6, 2018
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Alien Incarceration Report

Fiscal Year 2018, Quarter 1

June 6, 2018

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

Safety in the Interior of the United States. 

Section 16 of the E.O. directs the U.S. Department of Homeland Security (DHS) and the U.S. 

Department of Justice (DOJ) 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 includes data on known or suspected aliens under the custody of BOP or USMS, and 

limited data regarding immigration status of convicted aliens incarcerated in state prisons and 

local detention centers throughout the United States. Future reports will also provide information 

regarding immigration status of aliens incarcerated in state prisons and local detention centers. 

Summary of Findings

A total of 57,820 known or suspected aliens were in DOJ custody for a range of offenses at the 

end of the first quarter of Fiscal Year 2018 (FY18) (see Figure 1). Of those, 34,834 were 

confirmed aliens with orders of removal, 15,536 were still under investigation by ICE to 

determine alienage, 4,410 were aliens who were illegally present and undergoing removal 

proceedings, and 2,871 were legally present and undergoing removal proceedings. A total of 169 

aliens in DOJ custody had been granted relief or protection from removal. 
2 

Figure 1: Immigration Status of Known or Suspected Aliens in DOJ Custody, FY2018 Q1 

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

In an effort to facilitate as robust and thorough analysis as possible, this report expands the types 

and amounts of data provided pursuant to E.O. 13768. For example, it includes information 

regarding the costs to the criminal justice system relating to the incarceration of aliens (such as 

that it cost the USMS more than $134 million to house known or suspected aliens during the first 

quarter of FY18). DOJ and DHS will continue to improve their methodologies and policies for 

this report to improve the information they provide. 

The prior quarterly report did not include data on the populations in state prisons or local jails, 

because comprehensive data regarding those individuals has not been routinely provided to DOJ 

or DHS by state or local authorities. This report includes some limited data on this topic, 

including aggregate data collected by DOJ, data reported directly to the public by state 

authorities, and other information made available through public reporting. 

Nonetheless, the lack of comprehensive, comparable data in this area 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 DHS are continuing to develop and establish 

methodologies and procedures that will allow them to collect, estimate, and analyze accurate 

data regarding the impact of aliens on public safety and criminal justice at the state and local 
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levels. This section will continue to expand in future reports as these methodologies and 

procedures are finalized. 

Process 

Pursuant to E.O. 13768, USMS and BOP have begun providing 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.1 In 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 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 present2

 in 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 

and therefore has no lawful status. 

• 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. That data 

is then utilized 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 

criminal justice. USMS and BOP are continuing to develop their process to allow for more 

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

 

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

totals.

2 “Unlawful presence” includes those circumstances where 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).
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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 30, 2017, a total of 38,132 known or suspected aliens were in BOP custody

(approximately 21 percent of the 183,058 total individuals in BOP custody on that date). More 

than half (62 percent) did not have lawful immigration status in the United States. Of those, 

20,976 (55 percent of the total number of known or suspected aliens in BOP custody) had been 

ordered removed, and 2,850 (seven percent) were unlawfully present and in removal 

proceedings. Approximately seven percent of the known or suspected aliens in BOP custody 

(2,484 individuals) were lawfully present and in removal proceedings, and 124 aliens (less than 

one percent) had received an immigration benefit or relief or protection from removal (see Figure 

2).

ICE and BOP expect the proportion of aliens remaining in the “under investigation” status to 

decline over time—a trend that was observed again in this quarter. As of December 2017, only 

31 percent (11,698) of known or suspected aliens were under investigation, down from 38 

percent in the fourth quarter and 50 percent in the third quarter.
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Figure 2: Known or Suspected Aliens in BOP Custody, FY 2018 Q1

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

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

Approximately 46 percent (17,621) of known or suspected aliens in BOP custody 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 offense, making 

it the most common type of offense. Of the 17,621 known or suspected aliens in BOP custody 

with a drug offense as their primary offense, only 107 (approximately one half of one percent) 

had a primary offense of simple possession—and many of these were traffickers who were 

caught with significant amounts of drugs but were convicted of lesser offenses as a result of 

circumstances such as plea bargains. The remaining 17,514 known or suspected aliens with a 

primary offense related to drugs (more than 99 percent of the total) were convicted of drug 

trafficking-related crimes.3

 3 The proportion of drug offenders sentenced for drug trafficking is generally consistent throughout the entire federal 

prison population. According to the Bureau of Justice Statistics, “[m]ore than 99% of federal drug offenders are 

sentenced for trafficking.” See Bureau of Justice Statistics, Prisoners in 2016 (Jan. 2018), 

https://www.bjs.gov/content/pub/pdf/p16.pdf.
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Approximately 29 percent (10,912) of known or suspected aliens in BOP custody had committed 

immigration offenses (such as illegal reentry after deportation or human trafficking) as their 

primary offense. The third-largest category (approximately eight percent, or 3,161 individuals) of 

known or suspected aliens in BOP custody were those categorized as “Other,” which is 

composed primarily of individuals awaiting trial. Drug trafficking-related and immigration 

offenses were the most common primary offenses associated with those in the “Other” category.

Of the known or suspected aliens in BOP custody, approximately four percent (1,673) had 

committed fraud as their primary offense (see Figure 3). Another four percent (1,486) committed 

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

offenses (including murder for hire) were the primary offenses committed by approximately 3 

percent (1,174), and obscene materials offenses (such as production or distribution of child 

pornography) and other sex offenses were the primary offenses committed by approximately 2 

percent (782). Other primary offenses committed by smaller numbers of known or suspected 

aliens in BOP custody included kidnapping, murder, larceny, terrorism, escape, bribery and 

extortion, rape, and other offenses—aside from terrorism-related offenses, many of these types 

of offenses are typically prosecuted at the state and local level.

Future reports will also include information regarding costs associated with incarcerating aliens 

in BOP custody.
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Figure 3: Primary Offenses Committed by Known or Suspected Aliens in BOP Custody, FY 

2018 Q1

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

C. Examples of Newly Sentenced or Incarcerated Aliens in BOP Custody

The following are illustrative examples of aliens who were recently sentenced or incarcerated for 

federal offenses. 

• Adrian Pineda-Orozco (W.D. Tex.), an illegal alien from Mexico, who was residing in 

Houston, Texas, was sentenced to 50 years in prison for his role in a scheme to smuggle 

over 43 kilograms of liquid methamphetamine into the United States. A jury convicted 

Pineda-Orozco of conspiracy to possess with intent to distribute methamphetamine and 

conspiracy to import methamphetamine. Pineda-Orozco’s co-defendants pled guilty to 

conspiracy to possess with intent to distribute methamphetamine prior to trial. 

Evidence at trial established that Pineda-Orozco orchestrated a statewide 

methamphetamine importation and distribution scheme, with prior deliveries to Houston 

and Dallas. On December 15, 2015, Customs and Border Patrol (CBP) officers at the 

Eagle Pass Port of Entry discovered 15 plastic bottles containing liquid 

methamphetamine inside a vehicle being driven by the two co-defendants. One of the codefendants confessed and told agents he was to deliver the methamphetamine to an 

individual in Houston. Agents then conducted a controlled delivery and discovered 
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Pineda-Orozco waiting for them in Houston. When agents identified themselves, PinedaOrozco got into his vehicle and fled the scene, narrowly missing one of the agents. 

Pineda-Orozco led authorities on a high-speed chase through residential neighborhoods. 

The pursuit continued until spike strips disabled the vehicle. Pineda-Orozco was then 

arrested. 

• Anibel Rondolpho Rodriguez (E.D.N.Y.), an illegal alien from Honduras, who was 

residing in Freeport, New York, was sentenced to 45 years in prison after he pled guilty 

to racketeering charges including two murder conspiracies, two attempted murders, and 

threatening to commit assault. 

o On August 9, 2012, Rodriguez, a member of Mara Salvatrucha (MS-13), agreed 

with two co-conspirators to kill M. P., who was associated with the Zulu Nation 

gang. The Zulu Nation had an ongoing dispute with members of the Hempstead 

Locos Salvatruchas, a clique of MS-13. While the defendant was talking to the 

victim, a co-conspirator fatally shot the victim three times with a 9 mm handgun. 

o On October 6, 2013, the defendant and six co-defendants confronted J. I. R.-L. 

about his suspected membership in a rival gang. The defendant and his coconspirators decided to kill R.-L. and R.-L.’s friend, who was a potential witness. 

R.-L. was fatally stabbed more than two dozen times, and his friend was stabbed 

18 times but survived. 

o On September 14, 2013, the defendant with other MS-13 gang members 

confronted John Doe and another individual whom they believed were members 

of a rival Bloods street gang. The defendant grabbed a baseball bat and struck 

John Doe. Others also struck John Doe with a wooden board, stabbed him with a 

screwdriver, and punched and kicked him. John Doe survived. 

o On October 6, 2013, the defendant and other MS-13 gang members approached 

John Doe 2 and asked him whether he was a gang member, questioning him about 

a tattoo on his arm. When John Doe 2 denied gang membership and tried to walk 

away, he was stabbed and kicked by the defendant and his MS-13 gang friends. 

• Eduardo Martinez (N.D. Ind.), an illegal alien residing in Fort Wayne, Indiana, was 

sentenced to 324 months in prison after he pled guilty to possession with intent to 

distribute more than a kilogram of heroin, distribution of more than 50 grams of 

methamphetamine, and possession of a firearm by an illegal alien. According to court 

documents, Martinez distributed methamphetamine, cocaine, and marijuana from July 

2013 through December 2014. From calls intercepted pursuant to a federally authorized 

warrant, agents learned that in November and December 2014, Martinez coordinated an 

incoming shipment of multiple kilograms of heroin. The investigation concluded with 

the seizure of that shipment, wherein Martinez received a portion of the shipment. 

Martinez and six other co-defendants were arrested. 

 
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• Paula Villalva-Patricio (S.D. Miss.), a citizen of Mexico, was sentenced to 180 months 

in prison after a jury found her guilty of conspiracy to commit an offense against the 

United States, attempting to smuggle firearms out of the United States in violation of 

regulations and laws, and transporting or delivering firearms to a person who does not 

reside in the same state. In August 2011, a Jackson County Sheriff’s deputy stopped a 

truck. During a search of that truck, the deputy found two firearms and flak jackets 

hidden in a spare tire. In November 2011, in a subsequent traffic stop of the same truck, 

deputies uncovered an additional 28 firearms and 600 rounds of ammunition secreted 

under the truck bed. Further investigation led to the identification of Villalva-Patricio in 

September 2012. She was later apprehended in November 2016, while crossing into the 

United States at the border in San Diego, California. 

• Celin Javier Montoya-Rodriguez (S.D. Tex.), a lawful permanent resident from 

Mexico, and Jonathon Sanchez-Torres, an illegal alien from Mexico who was residing 

in Pharr, Texas, were sentenced to 120 months each after pleading guilty to two counts of 

unlawfully transferring destructive devices. Bureau of Alcohol, Tobacco, Firearms and 

Explosives (ATF) and ICE Homeland Security Investigations (HSI) agents conducted a 

lengthy investigation that included undercover operations that exposed a conspiracy to 

manufacture military-style grenades, which were to be sold and exported to Mexico. 

Over a six-month period, one of four other co-defendants, Gonzalez, acquired all of the 

components necessary to construct more than 150 improvised hand grenades, including 

grenade hulls, spring kits, fuses, and black powder, from a combination of online 

merchants and local stores. Gonzalez assembled the grenades in a workshop located 

behind his home. 

As the grenades were completed, Sanchez-Torres delivered batches of the live hand 

grenades to co-defendant Vega-Genova. Vega-Genova worked with MontoyaRodriguez, Ozuna and Rivera to sell the grenades. Between November 5, 2016, and 

November 9, 2016, on four separate occasions, agents purchased 45 grenades directly 

from Vega, Montoya-Rodriguez, Ozuna and Rivera at a cost of $400-$450 per grenade. 

Subsequent surveillance and undercover operations led to the discovery of the identity 

and location of the grenade manufacturer – Gonzalez. Agents learned that prior to the 

start of the investigation, the defendants had manufactured and sold approximately 50 

grenades to other unknown individuals who were exporting the grenades to Mexico. At 

the time of his arrest, Gonzalez was in the process of acquiring components to 

manufacture an additional 200 grenades. Agents were able to intercept some of the 

component parts that were being shipped to Gonzalez’s residence. 

• Santos Portillo Andrade (D. Mass), aka “Flaco,” a lawful permanent resident from El 

Salvador residing in Revere, Massachusetts, was sentenced to 10 years in prison after he 

pled guilty to a RICO conspiracy involving an aggravated assault, conspiracy to possess 

with intent to distribute heroin and cocaine, and possession of a firearm in furtherance of 

drug trafficking. Andrade, the leader of MS-13’s East Boston Loco Salvatrucha clique, 
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admitted that he was engaged in a conspiracy to conduct enterprise affairs through a 

pattern of racketeering activity, which included admitting responsibility for an aggravated 

assault on an individual he believed was a rival gang member in Malden, Massachusetts,

in December 2008. Andrade also admitted that he conspired to distribute at least 100 

grams of heroin and 500 grams of cocaine. In addition, Andrade admitted that he 

possessed a firearm in furtherance of his drug trafficking. 

• Pedro Quintero-Enriques (S.D. Ala.), aka, Miguel Angel Quintero, an illegal alien from 

Mexico who was residing in Summerdale, Alabama, was sentenced to 108 months in

prison after he pled guilty to illegal reentry after deportation and felon in possession of 

firearms. Quintero-Enriques is a convicted felon who illegally reentered the United 

States on numerous occasions. In 2002, he was convicted in the United States District 

Court for the Southern District of Texas for illegal entry. On January 23, 2012, he was 

deported. He then reentered the country, and in October 2013, he was indicted for illegal 

reentry in the Southern District of Alabama. He was sentenced to time served and again 

deported. Notwithstanding his previous deportations, Quintero-Enriques unlawfully 

returned to the United States several times. He was deported again in August 2013, and 

November 2014. His criminal history includes domestic violence. As a convicted felon 

and illegal alien, he is prohibited from possessing firearms. 

o On October 16, 2016, Baldwin County Sheriff’s deputies responded to a domestic 

violence call at the home of Quintero-Enriques. Upon their arrival, deputies saw 

two firearms, in plain view, in a blue Ford F-150 truck, which was parked 

underneath the home’s awning. Deputies met and spoke with Quintero-Enriques 

who allowed deputies to enter his home. Agents saw drug residue and drug 

paraphernalia upon entry into the house. Deputies later arrested QuinteroEnriques. Deputies also seized two firearms, from the truck, which included a 

pump shotgun and a Ruger mini-14 rifle. The shotgun was loaded and contained 

four shells. After a search of Quintero-Enriques, deputies found in his wallet two 

North Carolina I.D. cards that appeared to be fake and approximately $1,785 cash. 

Quintero-Enriques admitted that he was in the country illegally.

• Martel Valencia-Cortez (S.D. Cal.), an illegal alien from Mexico and prolific alien 

smuggler, was sentenced to 99 months in prison for hurling a softball-sized rock at a U.S. 

Border Patrol agent and for alien smuggling. A jury convicted Valencia-Cortez of assault 

on a federal officer with a deadly weapon and three counts of bringing in an illegal alien 

for financial gain. The defendant had been on supervised release for a 2013 alien 

smuggling conviction at the time he committed the new offenses. 

On November 15, 2015, less than two months after his last deportation to Mexico 

following the completion of a 33-month sentence for his prior alien smuggling 

conviction, Valencia re-entered the United States guiding a group of 15 undocumented 

aliens. When agents discovered the group, Valencia threw a softball-sized rock from a 
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distance of approximately 30 feet that hit an agent on the side of the agent’s face. 

Valencia then fled to back into Mexico. Agents arrested Valencia when Mexican 

authorities escorted him to the San Ysidro Port of Entry on March 11, 2016. At trial, the 

Border Patrol victim testified that he had never been hit that hard in his life and that he 

felt an overwhelming pain that caused him to feel dazed and disoriented, as if he was 

going to pass out. The rock hit the agent so hard that he thought his teeth had been 

knocked out or his jaw had been broken. 

• Miguel Cabrera-Rangel (S.D. Tex.), an illegal alien from Mexico, was sentenced to 96 

months in prison after a jury convicted him of assault on a federal officer. Evidence at 

trial demonstrated that a Border Patrol agent responded to a report of a possible group of 

illegal aliens on a ranch near Hebbronville. The agent came upon the group and 

attempted to apprehend them. Cabrera was one of the illegal aliens. To avoid 

apprehension, Cabrera engaged the agent in a physical struggle during which Cabrera 

grabbed the agent’s flashlight. Cabrera punched the agent in the face and then struck the 

agent with the flashlight causing a bilateral fracture of the nose along with lacerations and 

contusions. Cabrera then fled but was later apprehended on a fishing boat in Copano 

Bay, near Corpus Christi. At sentencing, the victim informed the court that he had 

continuing issues with his eye. He suffered a detached retina and also developed 

cataracts. 

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.4 As of December 31, 2017, 19,688 confirmed aliens were in USMS custody, along with 

3,022 individuals for whom alienage had not yet been determined.

Confirmed aliens, identified through self-reporting or through confirmation of alienage by ICE, 

comprised 37 percent of the 53,141 total individuals in USMS custody. Of those aliens, 70 

percent (13,858 individuals) had removal orders, 19 percent (3,838 individuals) had their 

immigration status currently under investigation, and nearly eight percent (1,560 individuals) 

were unlawfully present and in removal proceedings (see Figure 4). Only two percent (387 

individuals) of the confirmed aliens in USMS custody were lawfully present and in immigration 

proceedings. Only 45 aliens in USMS custody were in receipt of a grant of protection or relief 

from removal.

 4 USMS data reflects all aliens in USMS custody, and does not delineate solely pretrial aliens as the USMS also 

detains post-trial aliens completing short-term sentences or awaiting transfer to BOP.
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Figure 4: Immigration Status of Confirmed Aliens in USMS Custody, FY2018 Q1

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

B. Pending Primary Charges Against Confirmed Aliens in USMS Custody

Of the 19,688 aliens in USMS custody, approximately 56 percent (10,971 individuals) were in 

custody for a primary offense related to immigration, such as human trafficking or illegal reentry 

after deportation (see Figure 5). Approximately 24 percent (4,665 individuals) of aliens in USMS 

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

violations of conditions of supervision (974 individuals, approximately five percent of aliens in 

USMS custody), property offenses (889 individuals, approximately five percent of aliens in 

USMS custody), weapons offenses, and violent offenses (391 and 378 individuals, respectively, 

each approximately two percent of aliens in USMS custody). Approximately four percent (745 

individuals) of aliens in USMS custody were material witnesses. 

Notably, 68 percent (13,449) of all aliens in USMS custody were apprehended in the southwest 

region.
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Figure 5: Pending Primary Charges Against Confirmed Aliens in USMS Custody, FY2018 Q1

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

C. Costs Associated With Confirmed Aliens in USMS Custody

During the first quarter of FY18, USMS had an average daily population of 19,472 confirmed 

aliens in custody, and incurred more than $134 million in housing costs related to those prisoners 

during that quarter. An average of 3,175 of those aliens were held in BOP facilities, and for 

whom no direct housing costs were incurred by USMS (the costs were instead funded by 

appropriations received by BOP). An average daily population of 65 aliens were also housed in 

settings for which no direct housing costs were incurred by USMS, such as in hospitals or in 

correctional health care facilities due to required medical treatment. The remaining 16,233 aliens

(daily average) in USMS custody were housed in a combination of state, local, and private 

facilities, at an average cost of $89.84 per diem. 

Immigration Status of Individuals in State and Local Custody

Through its Office of Justice Programs (“OJP”), Bureau of Justice Statistics (“BJS”), DOJ 

continues its progress towards establishing a data collection of the immigration status of 

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

data is already available from particular states, such as Texas. Additionally, some information is 
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available through public reporting of cases that offer anecdotal evidence of alien criminal 

activity at the state and local levels. 

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. The respective departments of 

corrections voluntarily submit these numbers. The most recent records, released in January 2018, 

were from December 31, 2016. According to that report, there were approximately 83,573 

inmates under federal jurisdiction or in state custody who are not U.S. citizens. As BJS 

appropriately noted,5 state numbers in the report, which reflect 43,617 noncitizen individuals in 

custody, represent an undercount, because five states—including California, Nevada, and 

Oregon—did not report citizenship data. In addition, other states likely also provided 

undercounts, in part because; (1) inmates self-report place of birth or citizenship, and state 

corrections departments use these elements differently to determine citizenship, and (2) the count 

for most states only includes individuals in state-run institutions, not private facilities. Due to this 

underreporting (or complete lack of reporting) by some states, the aggregate tally of 83,573 

noncitizen inmates reported to BJS as being under federal jurisdiction or in state custody does 

not currently represent a comprehensive national total. 

BJS is improving its data collection in this area, including asking states and the BOP to provide 

additional information to disaggregate the number of noncitizens in custody by basic sentence 

length and by sex as of December 31 each year. The enhanced data collection began in January 

2018, and will also include counts of noncitizens in both state-run and private facilities for all 

jurisdictions. BJS expects to release the 2017 counts of noncitizens in the fall of 2018. BJS is 

also continuing its efforts to modify the National Corrections Reporting Program (“NCRP”), 

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

all inmates in state prisons.

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 

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 

those numbers down 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. 

In addition, the Department of Homeland Security, Office of Immigration Statistics is currently 

evaluating potential strategies to estimate the immigration status of individuals in state and local 

 5 Bureau of Justice Statistics, Prisoners in 2016 (Jan. 2018), https://www.bjs.gov/content/pub/pdf/p16.pdf.
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custody based on information available in the U.S. Census Bureau’s American Community 

Survey on individuals living in institutional settings, a category that includes federal and state 

prisons as well as local jails.

C. Nonfederal Data and Public Reporting

While the Departments of Justice and Homeland Security are developing improved methods to 

collect and analyze relevant data from state and local authorities, some already take the proactive 

step of making this data available to the public. 

For example, the Texas Department of Public Safety publishes data online regarding criminal 

alien arrests and convictions. These data do not account for all aliens in the Texas criminal 

justice system, as they are limited to criminal alien arrestees who have had prior interaction with 

DHS resulting in the collection of their fingerprints. Nonetheless, these data are helpful in 

understanding how criminal aliens impact public safety and criminal justice. As reported by 

Texas Department of Public Safety:

According to DHS status indicators, over 251,000 criminal aliens have been booked 

into local Texas jails between June 1, 2011 and April 30, 2018. During their 

criminal careers, these criminal aliens were charged with more than 663,000 

criminal offenses. Those arrests include 1,351 homicide charges; 79,049 assault 

charges; 18,685 burglary charges; 79,900 drug charges; 815 kidnapping charges; 

44,882 theft charges; 50,777 obstructing police charges; 4,292 robbery charges; 

7,156 sexual assault charges; and 9,938 weapon charges. Of the total criminal aliens 

arrested in that timeframe, over 168,000 or 66% were identified by DHS status as 

being in the US illegally at the time of their last arrest. 

According to DPS criminal history records, those criminal charges have thus far 

resulted in over 296,000 convictions including 583 homicide convictions; 29,768

assault convictions; 9,202 burglary convictions; 39,002 drug convictions; 282

kidnapping convictions; 20,355 theft convictions; 24,836 obstructing police 

convictions; 2,245 robbery convictions; 3,317 sexual assault convictions; and 4,117

weapon convictions. Of the convictions associated with criminal alien arrests, over 

197,000 or 66% are associated with aliens who were identified by DHS status as 

being in the US illegally at the time of their last arrest.6

D. Examples of Crimes Committed by Aliens at the State and Local Level

In addition to official data from state and local authorities, media reports can be helpful in 

understanding the impacts of aliens on public safety and criminal justice in the United States. 

 6 Texas Criminal Alien Arrest Data, Texas Dep’t of Pub. Safety (last visited May 24, 2018), 

https://www.dps.texas.gov/administration/crime_records/pages/txCriminalAlienStatistics.htm.
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Media reports are inherently less desirable than official data, in part because of the higher 

possibility of inaccuracies. Additionally, media reports are limited in their utility to identify 

larger trends, both because the reporting may be inconsistent and because media reports may be 

more likely to report on atypically serious crimes. Nonetheless, particularly in absence of official 

data, anecdotal examples from public reporting can help develop the issue. A few examples from 

the first quarter of FY18 include:7

• Miguel “Timido” Angel Lopez-Abrego, 19, who was charged with first-degree murder 

for his alleged involvement in an MS-13 attack in Wheaton, Maryland., in which as many 

as 10 MS-13 members lured a man into a park, stabbed him more than 100 times, 

decapitated him, and then cut out his heart. Lopez-Abrego is a native of El Salvador in 

the United States illegally.8

• Kula Pelima, 30, who confessed to police that she drowned two children, four-months 

old and five years old, respectively, in a bathtub. Pelima is a Liberian native who had 

lived in the United States for two decades.9

• Leonel Vazquez, 34, who pleaded guilty to sexually abusing an underage, 

developmentally delayed girl in Kentucky. Vazquez was first arrested for the charge in 

June 2017, but in November 2017 it was revealed that he was an illegal alien who had 

been deported at least twice before.10

• Hugo Parral-Aguirre, 30, who was arrested after allegedly shooting a county sheriff’s 

deputy in the shoulder with a shotgun in California, and allegedly attempting to shoot 

another individual earlier that same day. Parral-Aguirre is a Mexican national in the 

United States illegally, and had been previously deported.11

 7 The information contained within these examples comes entirely from the cited media reports. Neither DOJ nor 

DHS make any assurances as to the accuracy of the information provided in these examples, nor have DOJ or DHS 

independently confirmed any of the information in this section. The examples are provided solely for the purpose of 

demonstrating the type of information that is often contained within media reports about criminal activity. 

8 Dan Morse, Police: MS-13 members in Maryland stab man more than 100 times and decapitate him, Washington 

Post (Nov. 22, 2017), https://www.washingtonpost.com/local/public-safety/police-ms-13-members-in-marylandstab-man-more-than-100-times-and-decapitate-him/2017/11/22/0cba9760-cf7e-11e7-a1a3-

0d1e45a6de3d_story.html. 9 Mom, fearing deportation, drowns infant son, 5-year-old half-brother, cops say, FOXNEWS.com (Oct. 18, 2017), 

http://www.foxnews.com/us/2017/10/18/mom-fearing-deportation-drowns-infant-son-5-year-old-half-brother-copssay.html. 10 Amanda Roberts, Illegal immigrant facing deportation for 3rd time after sexual assault, WPSD (NBC local 

affiliate) (Nov. 14, 2017), http://www.wpsdlocal6.com/2017/11/14/illegal-immigrant-facing-deportation-3rd-timesexual-assault/. 11 Will Houston, Sheriff: Suspect in shooting of Humboldt County deputy previously deported, Eureka TimesStandard (Dec. 18, 2017), http://www.times-standard.com/general-news/20171218/sheriff-suspect-in-shooting-ofhumboldt-county-deputy-previously-deported.
17

• Estuardo Rufino Chaves, 23, who was sentenced to five years in prison in New Jersey 

for second-degree reckless death by automobile as part of a plea bargain after he killed a 

motorcyclist. ICE placed a detainer on Chaves, a Guatemalan national, after his arrest.12

• Hugo Giron-Polanco, 38, who was arrested in December 2017 in connection with an 

alleged 2010 rape case in Florida when his DNA was matched with a sample collected 

from the victim. Giron-Polanco is a native of El Salvador in the United States illegally.13

Additional Information Regarding Criminal Aliens in the United States

A. Efforts to Expand the Institutional Hearing and Removal Program

The Institutional Hearing and Removal Program (IHRP) is a cooperative effort between the 

Executive Office for Immigration Review (EOIR), DHS, and various federal, state, and 

municipal corrections agencies. As part of the IHRP, 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 case to be resolved prior to their release from incarceration. Through the IHRP, 

EOIR provides in-person and video teleconference immigration proceedings to determine 

whether alien inmates are removable from the United States and, if removable, whether they are 

eligible for any form of protection or relief from removal. 

Upon their release from custody, 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. IHRP aims to avoid transferring removable aliens into DHS custody, or

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

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

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

Between October 1 and December 31, 2017, EOIR completed 851 immigration cases at 47 IHRP 

locations. EOIR had 1660 IHRP cases pending as of December 31, 2017 and may hear cases at 

additional IHRP locations as circumstances warrant.

 12 Sulaiman Abdur-Rahman, Illegal immigrant gets 5 years for Hopewell Township vehicular homicide, The 

Trentonian (Oct. 27, 2017), http://www.trentonian.com/general-news/20171027/illegal-immigrant-gets-5-years-forhopewell-township-vehicular-homicide. 13 Tonya Alanez, Davie police say they have solved 2010 rape case, Sun Sentinel (Dec. 29, 2017), http://www.sunsentinel.com/local/broward/davie/fl-sb-rape-cold-case-arrest-20171228-story.html.