In recent days, former President Donald Trump and his allies have claimed that the Biden administration has allowed tens of thousands of criminals into the U.S., including murderers and sexual offenders. Trump cited a letter from U.S. Immigration and Customs Enforcement (ICE) shared with Texas Republican Rep. Tony Gonzales, which contained figures on immigrants with criminal records being tracked by ICE but not detained by the agency. However, government data and officials have clarified that many of these criminals have been in the U.S. for a long time, before the Biden administration took office. Some are in federal or state custody serving criminal sentences, and others cannot be deported due to various reasons.
The data shared in the letter to Gonzales by ICE demonstrated that the agency’s “non-detained docket” included a large number of immigrants with criminal convictions or charges. ICE detains immigrants who are deportable, but the non-detained docket is used to monitor cases of immigrants facing deportation proceedings without being detained by the agency. The Biden administration saw a significant increase in the number of non-detained cases, in part due to the release of millions of migrants at the U.S.-Mexico border. The data in the letter showed that there were immigrants with convictions for serious crimes like homicide and sexual assault being tracked by ICE.
Not every immigrant with a criminal record on ICE’s non-detained docket arrived in the U.S. under President Biden’s tenure. The data goes back decades, including individuals who entered the country over the past 40 years or more. Many of the convicted criminals or criminal suspects in the non-detained docket are still incarcerated in federal, state, or local custody, serving their criminal sentences or awaiting trial. ICE expects to arrest, detain, and deport immigrants convicted of serious crimes once they finish their criminal sentences. However, the agency faces challenges in jurisdictions with sanctuary policies that limit local law enforcement cooperation with federal immigration authorities.
Some immigrants with criminal records are unable to be deported due to diplomatic or legal reasons. Countries like China, Cuba, and Venezuela limit or reject the return of their citizens, and U.S. law prohibits indefinite detention in such cases. Additionally, immigrants may have their deportation deferred if immigration judges determine they would face torture or persecution in their home countries. The U.S. has legal obligations to protect certain foreigners under international treaties, which can result in immigrants convicted of serious crimes remaining in the country. ICE faces difficulties in deporting these individuals in cases where their home countries refuse to accept their return.
Overall, allegations that the Biden administration has allowed tens of thousands of criminals into the U.S. are mischaracterizations of the data on immigrants with criminal records tracked by ICE. Many of these individuals have been in the country for years or even decades, and efforts are made to arrest and deport those convicted of serious crimes. However, challenges such as sanctuary policies and limitations on deportations to certain countries prevent the removal of all immigrants with criminal records. ICE continues to prioritize detaining public safety threats, national security risks, and recent border crossers, in line with Biden administration policies.
