Information on Certain Illegal Aliens Arrested in the United States
Gao ID: GAO-05-646R May 9, 2005The former Immigration and Naturalization Service estimated that as of January 2000 the total unauthorized immigrant population residing in the United States was 7 million. This total includes those who entered the United States illegally and those who entered legally but overstayed their authorized period of stay. A more recent study estimated that there were about 10 million illegal aliens living in the United States as of March 2005. The study estimated that nearly 700,000 aliens entered the United States illegally or overstayed their authorized period of stay each year between 2000 and 2004. Some illegal aliens in the United States have been arrested and incarcerated in federal and state prisons and local jails, adding to already overcrowded prisons and jails. On April 7, 2005, we issued a report on criminal aliens that were incarcerated in federal and state prisons and local jails. Our report contained information on the number of criminal aliens incarcerated, their country of citizenship or country of birth, and the cost to incarcerate them. Congress also requested that we provide information on the criminal history of aliens incarcerated in federal and state prisons or local jails who had entered the country illegally. For a population of aliens that entered the country illegally and were incarcerated in federal or state prisons or local jails, this report addresses the following questions: (1) How many times have they been arrested? (2) How many and what type of criminal offenses have they been arrested for? (3) What states were they arrested in?
In our population study of 55,322 illegal aliens, we found that they were arrested at least a total of 459,614 times, averaging about 8 arrests per illegal alien. Nearly all had more than 1 arrest. Thirty-eight percent (about 21,000) had between 2 and 5 arrests, 32 percent (about 18,000) had between 6 and 10 arrests, and 26 percent (about 15,000) had 11 or more arrests. Most of the arrests occurred after 1990. They were arrested for a total of about 700,000 criminal offenses, averaging about 13 offenses per illegal alien. One arrest incident may include multiple offenses, a fact that explains why there are nearly one and half times more offenses than arrests. Almost all of these illegal aliens were arrested for more than 1 offense. Slightly more than half of the 55,322 illegal aliens had between 2 and 10 offenses. About 45 percent of all offenses were drug or immigration offenses. About 15 percent were property-related offenses such as burglary, larceny-theft, motor vehicle theft, and property damage. About 12 percent were for violent offenses such as murder, robbery, assault, and sex-related crimes. The balance was for such other offenses as traffic violations, including driving under the influence; fraud--including forgery and counterfeiting; weapons violations; and obstruction of justice. Eighty percent of all arrests occurred in three states--California, Texas, and Arizona. Specifically, about 58 percent of all arrests occurred in California, 14 percent in Texas, and 8 percent in Arizona.
GAO-05-646R, Information on Certain Illegal Aliens Arrested in the United States
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United States Government Accountability Office:
Washington, DC 20548:
May 9, 2005:
The Honorable John N. Hostettler:
Chairman, Subcommittee on Immigration, Border Security, and Claims:
Committee on the Judiciary:
House of Representatives:
The Honorable Steve King:
House of Representatives:
The Honorable Melissa Hart:
House of Representatives:
Subject: Information on Certain Illegal Aliens Arrested in the United
States:
The former Immigration and Naturalization Service estimated that as of
January 2000 the total unauthorized immigrant population residing in
the United States was 7 million.[Footnote 1] This total includes those
who entered the United States illegally and those who entered legally
but overstayed their authorized period of stay. A more recent study
estimated that there were about 10 million illegal aliens living in the
United States as of March 2005.[Footnote 2] The study estimated that
nearly 700,000 aliens entered the United States illegally or overstayed
their authorized period of stay each year between 2000 and 2004. Some
illegal aliens in the United States have been arrested and incarcerated
in federal and state prisons and local jails, adding to already
overcrowded prisons and jails.
On April 7, 2005, we issued a report on criminal aliens[Footnote 3]
that were incarcerated in federal and state prisons and local
jails.[Footnote 4] Our report contained information on the number of
criminal aliens incarcerated, their country of citizenship or country
of birth, and the cost to incarcerate them. You also requested that we
provide information on the criminal history of aliens incarcerated in
federal and state prisons or local jails who had entered the country
illegally. For a population of aliens that entered the country
illegally and were incarcerated in federal or state prisons or local
jails, this report addresses the following questions:
* How many times have they been arrested?
* How many and what type of criminal offenses have they been arrested
for?
* What states were they arrested in?
To obtain information to answer these objectives, we identified a
population of 55,322 aliens that the U.S. Immigration and Customs
Enforcement (ICE) in the Department of Homeland Security determined,
based upon information in its immigration databases, had entered the
country illegally and were still illegally in the country at the time
of their incarceration in federal or state prison or local jail during
fiscal year 2003. We then analyzed selected data contained in the
criminal history record, commonly referred to as the rap sheet, of
these illegal aliens maintained within the Federal Bureau of
Investigation's (FBI) Integrated Automated Fingerprint Identification
System (IAFIS).[Footnote 5] To assess the reliability of immigration
databases used to make the determination about an alien's legal status,
we discussed internal control processes for ensuring data quality with
responsible ICE staff and found the data to be reliable for purposes of
this report. To assess the reliability of IAFIS data, we discussed the
data collection methods and internal control processes for ensuring
data quality with responsible FBI staff and reviewed relevant policies
and procedures. IAFIS may not contain all of the arrests for the
illegal aliens in our study population since seven states report only
their first arrest to the FBI. Subsequent arrest data is available only
from the state's criminal history record system. While the magnitude of
any undercount is unknown, we found that the data we used for our
analyses were sufficiently reliable for the purposes of this report.
Several things should be noted regarding our analysis. First, an arrest
does not necessarily result in a prosecution or a conviction. Second,
our analysis is limited to the aliens that ICE determined to have
entered the United States illegally. Third, since all arrests for an
individual may not be recorded in IAFIS, our data represent the minimum
number of arrests for these illegal aliens. Last, our analysis is not
designed to infer conclusions about the arrest history of other illegal
aliens not in our study population who entered the country illegally
and have been arrested.
In April, we discussed with your offices the results of our work. This
report conveys the information provided during those discussions (see
encl. I).
We performed our work from October 2004 through May 2005 in accordance
with generally accepted government auditing standards. Further details
on our scope and methodology, including how we selected the illegal
aliens in our study population, are discussed in enclosure II.
Results:
The briefing slides in enclosure I address each of our three questions.
In summary, for our study population of 55,322 illegal aliens, we found
that:
* They were arrested at least a total of 459,614 times, averaging about
8 arrests per illegal alien. Nearly all had more than 1 arrest. Thirty-
eight percent (about 21,000) had between 2 and 5 arrests, 32 percent
(about 18,000) had between 6 and 10 arrests, and 26 percent (about
15,000) had 11 or more arrests. Most of the arrests occurred after
1990.
* They were arrested for a total of about 700,000 criminal offenses,
averaging about 13 offenses per illegal alien. One arrest incident may
include multiple offenses, a fact that explains why there are nearly
one and half times more offenses than arrests.[Footnote 6] Almost all
of these illegal aliens were arrested for more than 1 offense. Slightly
more than half of the 55,322 illegal aliens had between 2 and 10
offenses. About 45 percent of all offenses were drug or immigration
offenses. About 15 percent were property-related offenses such as
burglary, larceny-theft, motor vehicle theft, and property damage.
About 12 percent were for violent offenses such as murder, robbery,
assault, and sex-related crimes. The balance was for such other
offenses as traffic violations, including driving under the influence;
fraud--including forgery and counterfeiting; weapons violations; and
obstruction of justice.
* Eighty percent of all arrests occurred in three states--California,
Texas, and Arizona. Specifically, about 58 percent of all arrests
occurred in California, 14 percent in Texas, and 8 percent in Arizona.
Agency Comments and Our Evaluation:
The Departments of Justice and Homeland Security reviewed a draft of
this report and had technical comments, which we incorporated as
appropriate.
We are sending copies to the Departments of Justice and Homeland
Security and interested congressional committees, and we will make
copies available to others who request them. In addition, the report
will be available at no charge on GAO's Web site at http://www.gao.gov.
If you or your staff have any questions concerning this report, please
contact me at (202) 512-8816 or by e-mail at Stanar@gao.gov or Michael
Dino, Assistant Director, at (213) 830-1150 or Dinom@gao.gov. Key
contributors to this report were Amy Bernstein, Ann H. Finley, Evan
Gilman, Frederick Lyles, Jr., Jan Montgomery, Karen O'Conor, Jason
Schwartz, and Laura Czohara.
Sincerely yours,
Signed by:
Richard M. Stana,
Director, Homeland Security and Justice Issues:
[End of section]
Enclosure I: Briefing Slides:
Information on Certain Illegal Aliens Arrested in the United States:
Briefing for Congressional Requesters:
April 2005:
Introduction:
In April 2005, we issued a report, Information on Criminal Aliens
Incarcerated in Federal and State Prisons and Local Jails, (GAO-05-
337R). This report contained information on the number of criminal
aliens we identified that were incarcerated, their country of
citizenship or country of birth, and the cost to incarcerate them.
You also requested that we provide information on the criminal history
of aliens incarcerated in federal and state prisons or local jails who
had entered the country illegally.
Objectives:
For a population of aliens incarcerated in federal and state prisons
and local jails during fiscal year 2003 who entered the country
illegally, we address the following questions:
(1) How many arrests did they have?
(2) How many and what type of criminal offenses have they been arrested
for?
(3) What states were they arrested in?
Results in Brief: How many arrests did these illegal aliens have?
For our study population of 55,322 illegal aliens:
* They were arrested at least a total of 459,614 times, averaging about
8 arrests per illegal alien.[Note 1]
* Ninety-seven percent had more than 1 arrest. About 38 percent had
between 2 and 5 arrests, 32 percent had between 6 and 10 arrests, and
26 percent had over 11 arrests.
* Eighty-one percent of all arrests occurred after 1990.
[1] An arrest does not necessarily result in a prosecution or a
conviction.
Results in Brief: How many and what type of criminal offenses were they
arrested for?
For our study population of 55,322 illegal aliens:
* They were arrested for at least a total of nearly 700,000 criminal
offenses, averaging 13 offenses per alien.
* About 24 percent were drug offenses.
* About 21 percent were immigration offenses.
* About 15 percent were property-related offenses such as burglary,
larceny-theft, motor vehicle theft, and property damage.
* About 12 percent were for murder, robbery, assault, and sexually
related crimes.
* The remaining 28 percent were for other offenses such as traffic
violations, including driving under the influence; fraud”including
forgery and counterfeiting; weapons violations; and obstruction of
justice.
Results in Brief: What states were they arrested in?
For our study population of 55,322 illegal aliens:
* Eighty percent of all arrests occurred in the following 3 states.
California: 58 percent.
Texas: 14 percent.
Arizona: 8 percent.
Background:
When an individual is taken into custody, the arresting law enforcement
agency captures the arrest charge(s), fingerprints, and personal
identifiers of the individual. This information is submitted to the
FBI‘s Integrated Automated Fingerprint Identification System (IAFIS),
which is responsible for preserving identification and criminal history
records for felony and serious misdemeanor offenses. The FBI assigns an
FBI identification number to each set of fingerprints.
Generally, all aliens arrested by the DHS‘s U.S. Immigration and
Customs Enforcement (ICE) are assigned an alien identification number.
This allows ICE to establish and track an alien‘s immigration history.
For illegal aliens incarcerated in state prisons and local jails, the
federal government has reimbursed state and local governments that
apply for reimbursement for a portion of their incarceration costs
through the Department of Justice‘s (DOJ) State Criminal Alien
Assistance Program (SCAAP), managed by the Bureau of Justice Assistance
(BJA).
Scope and Methodology”Study Population of Illegal Aliens Used in Our
Analysis:
Number of convicted criminal aliens;
Inmates incarcerated in federal prison on December 27, 2003: 46,063;
Inmates incarcerated by state prisons and local jails and submitted to
SCAAP for reimbursement[NOTE 1]: 262,105.
Number of unique convicted criminal aliens with a FBI identification
number and an alien identification number
Inmates incarcerated in federal prison on December 27, 2003: 36,390;
Inmates incarcerated by state prisons and local jails and submitted to
SCAAP for reimbursement[NOTE 1]: 59,427.
Number of the above unique convicted criminal aliens that ICE
determined to have entered illegally;
Inmates incarcerated in federal prison on December 27, 2003: 18,581;
Inmates incarcerated by state prisons and local jails and submitted to
SCAAP for reimbursement[NOTE 1]: 36,741.
Total study population of illegal aliens used in our analysis: 55,322.
[1] These represent the inmates incarcerated in state prisons and local
jails between July 1, 2002, and June 30, 2003.
[End of table]
Scope and Methodology”Analysis of Arrest Data:
* For the 55,322 illegal aliens in our study population, we obtained
and analyzed the arrest history information contained in IAFIS as of
October 2004.
* The arrest history information contained the date of arrest; the
arresting federal, state, or local law enforcement agency; and a
narrative description of the offense for which the alien was arrested.
* For purposes of our analysis, we categorized these arrest
descriptions into 1 of 19 major offense categories, e.g., immigration,
drugs (see slides 10 and 11).
* In addition, for the 18,581 illegal aliens in our study population
who were incarcerated in a federal prison, we analyzed related
conviction information.
Note: Under 28 U.S.C. 534, the FBI is required to acquire, collect,
classify, and preserve, among other things, identification and criminal
records. IAFIS includes individuals who have been arrested for an
offense that is classified as a felony or a serious misdemeanor.
Scope and Methodology”Crimes Included in Major Offense Categories:
Major offense category[1]: Arson;
Category includes: arson, reckless burning, and possession of arson
materials.
Major offense category[1]: Assault;
Category includes: assault, battery, assault with a deadly weapon,
endangerment, and threats.
Major offense category[1]: Burglary;
Category includes: breaking and entering, burglary, and possession of
burglary tools.
Major offense category[1]: Disorderly conduct;
Category includes: disturbing the peace, fighting, intoxication, public
nuisance, and disorderly conduct.
Major offense category[1]: Drugs;
Category includes: use/under the influence, possession, possession with
intent to distribute, sales, manufacturing, transporting, and
possession of drug paraphernalia.
Major offense category[1]: Fraud, forgery, and counterfeiting;
Category includes: deceptive practices or identification, fraud, giving
false information, altering or forging documents, and counterfeiting or
possession of counterfeit materials or tools.
Major offense category[1]: Homicide;
Category includes: murder, manslaughter, and homicide.
Major offense category[1]: Immigration;
Category includes: illegal entry, illegal reentry, false claim to U.S.
citizenship, alien smuggling, and removal proceedings.
Major offense category[1]: Kidnapping;
Category includes: false imprisonment, kidnapping, and taking hostages.
Major offense category[1]: Larceny/theft;
Category includes: grand and petty larceny and theft, shoplifting,
embezzlement, and money laundering.
Major offense category[1]: Motor vehicle theft;
Category includes: auto theft, carjacking, and taking a vehicle without
consent.
Major offense category[1]: Obstruction of justice;
Category includes: escaping, evading, being a fugitive of justice,
failing to appear, failing to register as a sex offender, resisting
arrest, and interfering with or obstructing an officer or justice
proceedings.
Major offense category[1]: Property damage;
Category includes: destruction of property, vandalism, and criminal or
malicious mischief.
Major offense category[1]: Robbery;
Category includes: armed robbery, robbery of a dwelling, robbery of a
bank, and unarmed robbery.
Major offense category[1]: Sex offenses;
Category includes: lewd and lascivious acts, rape, sexual assault,
indecent exposure, prostitution, and molestation.
Major offense category[1]: Stolen property;
Category includes: buying, selling, receiving, or possessing stolen
property.
Major offense category[1]: Traffic violations;
Category includes: driving under the influence, hit and run, no proof
of insurance, no driver‘s license, and moving violations such as
speeding and failure to stop.
Major offense category[1]: Weapons violations;
Category includes: possession of a weapon, discharging a weapon,
altering a weapon, and carrying a concealed weapon.
Major offense category[1]: Other;
Category includes: includes trespassing, gang participation, littering,
child cruelty, racketeering, and illegal waste dumping.
[1] All offenses include any attempt or conspiracy to commit the
respective offense. We developed the criminal offense categories using
the FBI‘s classification for offense codes as our guidance.
[End of table]
Data Limitations:
* The FBI‘s IAFIS does not include all arrests and offenses–7
states[note 1] report only the first arrest and associated offenses to
the FBI, subsequent arrest information is available only through the
state‘s criminal history database. Further, some law enforcement
agencies do not report information on every arrest to the FBI. Also,
IAFIS does not include minor misdemeanor offenses.
* FBI may reject fingerprint cards that are not readable, and sometimes
the submitting law enforcement agency does not resubmit the card for
entry into IAFIS.
* Results of our analysis pertain only to our study population. Results
cannot be generalized to all illegal aliens that may have been arrested
and therefore cannot be interpreted as representing arrest or offense
rates for all illegal aliens.
NOTE 1: Colorado, Florida, Montana, Oklahoma, Oregon, New Jersey, and
North Carolina.
Number of Arrests:
Ninety-seven percent of illegal aliens in our study population had more
than one arrest:
[See PDF for image]
[End of figure]
Number of Arrests: Federal Prison Inmates: Ninety-nine percent of
incarcerated illegal aliens had more than one arrest:
[See PDF for image]
[End of figure]
Number of Arrests: State Prison and Local Jail Inmates: Ninety-six
percent of incarcerated illegal aliens had more than one arrest:
[See PDF for image]
[End of figure]
Arrest Offenses: Illegal aliens in our study population were arrested
for almost 700,000 offenses, averaging 13 offenses per illegal
alien[A]:
* Number of illegal aliens in our study population: 55,322.
* Total number of arrests[B]: 459,614.
* Total number of criminal offenses: 691,890.
* Average number of criminal offenses per illegal alien: 13.
* Median number of criminal offenses per illegal alien: 10.
[A] One arrest incident may include multiple offenses.
[B] For the study population of illegal aliens, the analysis time frame
covers arrests recorded in the FBI‘s IAFIS”dating from 1947 to October
28, 2004.
Source: GAO analysis of FBI IAFIS data.
[End of table]
Number of Offenses: Ninety-eight percent of illegal aliens in our total
study population were arrested for two or more offenses:
[See PDF for image]
[End of figure]
Arrest Offenses: Forty-five percent of illegal alien offenses were for
drugs and immigration:
Criminal offense: Drugs;
Total offenses: Number: 166,722;
Total offenses: Percent: 24%;
Offenses for illegal aliens in federal prisons: Number: 64,737;
Offenses for illegal aliens in federal prisons: Percent: 24%;
Offenses for illegal aliens in state prisons and local jails: Number:
101,985;
Offenses for illegal aliens in state prisons and local jails: Percent:
24%.
Criminal offense: Immigration;
Total offenses: Number: 144,166;
Total offenses: Percent: 21%;
Offenses for illegal aliens in federal prisons: Number: 84,382;
Offenses for illegal aliens in federal prisons: Percent: 32%;
Offenses for illegal aliens in state prisons and local jails: Number:
59,784;
Offenses for illegal aliens in state prisons and local jails: Percent:
14%.
Criminal offense: Traffic violations;
Total offenses: Number: 55,060;
Total offenses: Percent: 8%;
Offenses for illegal aliens in federal prisons: Number: 13,290;
Offenses for illegal aliens in federal prisons: Percent: 5%;
Offenses for illegal aliens in state prisons and local jails: Number:
41,770;
Offenses for illegal aliens in state prisons and local jails: Percent:
10%.
Criminal offense: Assault;
Total offenses: Number: 50,958;
Total offenses: Percent: 7%;
Offenses for illegal aliens in federal prisons: Number: 14,908;
Offenses for illegal aliens in federal prisons: Percent: 6%;
Offenses for illegal aliens in state prisons and local jails: Number:
36,050;
Offenses for illegal aliens in state prisons and local jails: Percent:
8%.
Criminal offense: Obstruction of justice;
Total offenses: Number: 45,632;
Total offenses: Percent: 7%;
Offenses for illegal aliens in federal prisons: Number: 15,064;
Offenses for illegal aliens in federal prisons: Percent: 6%;
Offenses for illegal aliens in state prisons and local jails: Number:
30,568;
Offenses for illegal aliens in state prisons and local jails: Percent:
7%.
Criminal offense: Burglary;
Total offenses: Number: 38,689;
Total offenses: Percent: 6%;
Offenses for illegal aliens in federal prisons: Number: 13,156;
Offenses for illegal aliens in federal prisons: Percent: 5%;
Offenses for illegal aliens in state prisons and local jails: Number:
25,533;
Offenses for illegal aliens in state prisons and local jails: Percent:
6%.
Criminal offense: Larceny/theft;
Total offenses: Number: 31,883;
Total offenses: Percent: 5%;
Offenses for illegal aliens in federal prisons: Number: 12,206;
Offenses for illegal aliens in federal prisons: Percent: 5%;
Offenses for illegal aliens in state prisons and local jails: Number:
19,677;
Offenses for illegal aliens in state prisons and local jails: Percent:
5%.
Criminal offense: Fraud, forgery, and counterfeiting;
Total offenses: Number: 25,773;
Total offenses: Percent: 4%;
Offenses for illegal aliens in federal prisons: Number: 8,564;
Offenses for illegal aliens in federal prisons: Percent: 3%;
Offenses for illegal aliens in state prisons and local jails: Number:
17,209;
Offenses for illegal aliens in state prisons and local jails: Percent:
4%.
Criminal offense: Weapons violations;
Total offenses: Number: 22,263;
Total offenses: Percent: 3%;
Offenses for illegal aliens in federal prisons: Number: 7,236;
Offenses for illegal aliens in federal prisons: Percent: 3%;
Offenses for illegal aliens in state prisons and local jails: Number:
15,027;
Offenses for illegal aliens in state prisons and local jails: Percent:
4%.
Criminal offense: Motor vehicle theft;
Total offenses: Number: 20,950;
Total offenses: Percent: 3%;
Offenses for illegal aliens in federal prisons: Number: 6,494;
Offenses for illegal aliens in federal prisons: Percent: 2%;
Offenses for illegal aliens in state prisons and local jails: Number:
14,456;
Offenses for illegal aliens in state prisons and local jails: Percent:
3%.
Criminal offense: Robbery;
Total offenses: Number: 15,305;
Total offenses: Percent: 2%;
Offenses for illegal aliens in federal prisons: Number: 4,177;
Offenses for illegal aliens in federal prisons: Percent: 2%;
Offenses for illegal aliens in state prisons and local jails: Number:
11,128;
Offenses for illegal aliens in state prisons and local jails: Percent:
3%.
Criminal offense: Stolen property;
Total offenses: Number: 13,415;
Total offenses: Percent: 2%;
Offenses for illegal aliens in federal prisons: Number: 4,201;
Offenses for illegal aliens in federal prisons: Percent: 2%;
Offenses for illegal aliens in state prisons and local jails: Number:
9,214;
Offenses for illegal aliens in state prisons and local jails: Percent:
2%.
Criminal offense: Sex offense;
Total offenses: Number: 11,833;
Total offenses: Percent: 2%;
Offenses for illegal aliens in federal prisons: Number: 2,501;
Offenses for illegal aliens in federal prisons: Percent: 1%;
Offenses for illegal aliens in state prisons and local jails: Number:
9,332;
Offenses for illegal aliens in state prisons and local jails: Percent:
2%.
Criminal offense: Disorderly conduct;
Total offenses: Number: 8,768;
Total offenses: Percent: 1%;
Offenses for illegal aliens in federal prisons: Number: 2,986;
Offenses for illegal aliens in federal prisons: Percent: 1%;
Offenses for illegal aliens in state prisons and local jails: Number:
5,782;
Offenses for illegal aliens in state prisons and local jails: Percent:
1%.
Criminal offense: Property damage;
Total offenses: Number: 6,478;
Total offenses: Percent: 1%;
Offenses for illegal aliens in federal prisons: Number: 2,238;
Offenses for illegal aliens in federal prisons: Percent: 1%;
Offenses for illegal aliens in state prisons and local jails: Number:
4,240;
Offenses for illegal aliens in state prisons and local jails: Percent:
1%.
Criminal offense: Homicide;
Total offenses: Number: 5,992;
Total offenses: Percent: 1%;
Offenses for illegal aliens in federal prisons: Number: 1,156;
Offenses for illegal aliens in federal prisons: Percent:
