Illegal Migrants Less Likely to Commit Crime? Guess Again.
In June, Victor Martinez-Hernandez was charged with the murder of Rachel Morin, a mother of five in Maryland. Police in Oklahoma tracked the accused repeat offender down with a sample of his DNA recovered from a Los Angeles home invasion in which a nine-year-old girl and her mother were assaulted. Police say he came to the U.S. illegally to escape prosecution for at least one other murder in his native El Salvador in December 2022.
“That should never have been allowed to happen,” said Sheriff Jeffrey Gahler, referring to the numerous missed red flags the case presented. His office apprehended Hernandez in Tulsa, Oklahoma.
Like the member of the Venezuelan gang Tren de Aragua sentenced to life in prison last week for the murder of Laken Riley in Georgia, Hernandez’s case is shining a light on the federal government’s failure to properly vet and keep track of lawless migrants.
These gaps have led to broad claims that illegal immigrants have less involvement with the criminal justice system than native-born Americans. A review of the available data, however, shows that the criminal records of millions of migrants – the ones President-elect Trump vows to prioritize for deportation – remain unknown due to illegal crossings, lax enforcement, and lax data collection by federal and “sanctuary” jurisdictions.
In addition, an analysis of the available statistics by RealClearInvestigations suggests that the crime rate of noncitizens is vastly understated. A separate RCI analysis based on estimates developed by the U.S. Department of Justice’s National Institute of Justice (NIJ) suggests that crime by illegal aliens who entered the U.S. by July 21, 2024 cost the country some $166.5 billion. These criminals disproportionately entered the U.S. during the Biden administration.
The problem begins with incomplete initial vetting by the U.S. Immigration and Customs Enforcement (ICE). The criminal histories of migrants from far-flung countries with often shoddy record-keeping are somewhat hard to determine. It is also impractical to hold each person until they have passed a rigorous background check. As a result, ICE routinely releases many illegals into the country on their own recognizance and then discovers afterward that many had criminal records in their home countries.
In response to a request from Republican Rep. Tony Gonzales of Texas, ICE reported this summer that it has released 7.4 million such “non-detained” noncitizens into the U.S. during the last four decades or so. ICE reports that these include 662,566 noncitizens with criminal histories – 435,719 individuals with criminal convictions in their home countries and another 226,847 with pending criminal charges. These precise figures, however, do not say whether the crimes of the latter group were committed in the accused’s home country or the U.S.
In the July 21 letter to Rep. Gonzales, ICE reported that 13,099 of these non-detained individuals have convictions for homicide, with 1,845 facing criminal homicide charges. Another 9,461 have convictions for sex offenses (not including assault or commercialized sex), and 2,659 face pending charges. The convictions include other crimes such as assault (62,231), robbery (10,031), sexual assault (15,811), weapons offenses (13,423), and dangerous drugs (56,533).
These figures are only suggestive of the extent of crime because they only list the most serious crime committed by each individual. A murderer, for example, who also committed a sex offense, is only counted as a murderer. It does not include the fact that millions of migrants are violating the law because of their presence in the U.S. It also does not account for the lawbreaking involved in working without proper authorization or the widespread use of stolen Social Security numbers to secure employment.
The 662,566 convicted and likely criminals make up 9% of the 7.4 million released noncitizens.
The statistics miss much of the relationship between crime and illegal aliens. Noncitizens in the “national docket data” either surrendered to border agents or were apprehended at the border. Those who avoid surrender likely have reasons to evade authorities, such as a criminal background. But there are others who avoided being caught and won’t be in these numbers. That group includes “gotaways” – individuals observed crossing the U.S. border illegally but not apprehended or turned back. With up to 38% of border agents shifted from monitoring to processing duties and 30% of surveillance cameras not functioning, millions more likely entered the U.S. undetected, potentially including the most dangerous individuals.
The Customs and Border Protection Agency estimates that some two million such “gotaways” have entered the country since 2021.
The data on migrants who have been processed also understates the problem. Criminals rarely commit just one crime. For example, from 1990 to 2002, in the 75 most populous U.S. counties, 70% of those convicted of a violent felony had a prior arrest, and 56% had a prior criminal conviction. In 2023 in Washington, D.C., the average homicide suspect had been arrested 11 times before committing a homicide. Data for 30 states shows that 60.1% of criminals released from prison in 2005 had been arrested again within two years, and 73.5% had been arrested within four years. The ICE data set provides a single entry for each individual…..
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Continue reading this article at Real Clear Investigations.
