McALLEN, Texas (Border Report) — The head of Immigration and Customs Enforcement told a Texas border lawmaker this week that 435,000 undocumented migrants with criminal convictions have been released by the agency to cities around the United States.
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ICE Deputy Director Patrick Lechleitner sent a letter Wednesday to U.S. Rep. Tony Gonzales, R-Texas, saying as of July 21, there were 662,566 noncitizens with criminal histories on the agency’s non-detained docket (NDD), meaning they are not detained while they await immigration proceedings.
“Of those, 435,719 are convicted criminals, and 226,847 have pending criminal charges,” Lechleitner wrote.
The letter was sent after Gonzales in March asked the Department of Homeland Security for data on migrants with criminal backgrounds. Gonzales is a member of the GOP-led House Homeland Security Committee.
“The data released by ICE is beyond disturbing, and it should be a wake-up call for the Biden-Harris administration and cities across the country that hide behind sanctuary policies,” Gonzales said Friday. “It’s time for Washington to move past rhetoric and toward results. Americans deserve to feel safe in their communities.
On Friday, House Homeland Security Committee Chairman Mark Green, of Tennessee, called the new information “shocking.”
“It may be shocking to hear that the Biden-Harris administration is actively releasing tens of thousands of criminal illegal aliens into our communities, but their own numbers conclusively prove this to be the case. This defies all common sense,” Green said in a statement.
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“DHS law enforcement has been directed to mass-release illegal aliens whom they know have criminal convictions or are facing charges for serious crimes—and these dangerous, destructive individuals are making their way into every city and state in this country. How many more Americans need to die or be victimized before this administration is forced to abide by the laws they swore to uphold? This is madness. It is something no civilized, well-functioning society should tolerate,” Green said.
According to Lechleitner, 62,231 noncitizens with criminal convictions for assault currently are not detained by ICE and have been released; 42,915 have pending assault charges. The agency currently is holding 2,348 noncitizens who have been convicted of assault and 1,498 who have pending charges.
The agency also has released 15,811 who have been convicted of sexual assault, 56,533 noncitizens convicted of drug possession, and 2,521 who have been convicted on kidnapping, according to the letter.
Lechleitner blames some of the releases on law enforcement in “sanctuary cities” not cooperating with ICE.
“Some jurisdictions have reduced their cooperation with ICE, to include refusal to honor ICE detainer requests, even for noncitizens who have been convicted of serious felonies and pose an ongoing threat to public safety. ICE recognizes that some jurisdictions are concerned that cooperating with federal immigration officials will erode trust with immigrant communities and make it harder for local law enforcement to serve those populations. However, ‘sanctuary’ policies can end up shielding dangerous criminals, who often victimize those same communities,” Lechleitner wrote.
He also called the nation’s immigration system “broken” and said Congress needs to better fund DHS.
Gonzales said that as an Appropriator, he vows to ensure ICE has the resources necessary to deport noncitizens with a criminal record
“This must be a priority,” he said. “The Biden-Harris administration also plays a part in cleaning up the mess their failed policies have created. They have the ear of sanctuary city mayors — it’s time to encourage them to reverse course and put the safety of American citizens first.”
Lechleitner said that under the Biden administration, DHS is removing and returning “record numbers of migrants who are unable to establish a legal basis to remain in the United States and prioritizing for removal those who present national security and public safety risks and recent border crossers.”
Since May 2023 through July, DHS has removed or returned nearly 900,000 individuals, he says.
He added that ICE is not allowed to release certain noncitizens from the agency’s custody including those convicted of homicide. Other cases are determined “on a case-by-case basis and take into account the individual case circumstances, primarily considering risk of flight, national security threat, and threat to public safety,” he wrote.
ICE has the capacity to hold 41,500 noncitizens in Fiscal Year 2024, which is up from 34,000 in Fiscal Year 2023.
Sandra Sanchez can be reached at [email protected].