Fact-Checking Claims About Noncitizens with Criminal Records in the U.S.

Fact-Checking Tom Homan’s Claims on Noncitizens with Criminal Convictions in the U.S.

President-elect Donald Trump’s appointed “border czar,” Tom Homan, has stated that deporting noncitizens with criminal records will be a top priority when Trump’s second term begins in January. However, Homan and other Republican leaders have shared conflicting and inflated figures regarding the number of noncitizens with criminal convictions, raising questions about the accuracy of their claims.

Key Claims vs. Verified Data

In a recent interview, Homan claimed that over 1.5 million noncitizens with criminal convictions are in the U.S. and under removal orders. House Speaker Mike Johnson suggested that 3 to 4 million migrants have been apprehended for violent crimes.

However, data from Immigration and Customs Enforcement (ICE) contradicts these figures:

• As of July 2023, ICE’s national docket recorded about 660,000 noncitizens with criminal histories, including:
  • 436,000 convicted criminals
  • 227,000 with pending criminal charges

These numbers include noncitizens in ICE detention and those not currently detained.

Understanding the Numbers

To provide context, the U.S. had an estimated 24.5 million noncitizens in 2022, including approximately:

• 11 million unauthorized immigrants
• 13.5 million lawful permanent or temporary residents

Using ICE’s data, about 2.6% of noncitizens in the U.S. have criminal convictions. This figure is far below Homan’s claim of 6% or Johnson’s assertion of 12%.

Debunking “Gotaways” as Criminals

Homan’s spokesman, Brian Hughes, referenced roughly 1.7 million “gotaways” (migrants who evaded Border Patrol) since 2021, suggesting many could be criminals. However, there is no official data linking “gotaways” to criminal activity.

During Trump’s presidency, the average annual number of “gotaways” was significantly lower. While it is true that some individuals crossing the border illegally may have criminal records, most data does not support the idea that a large percentage of them fall into this category.

Criminal Records and Deportation Challenges

Noncitizens, including green card holders, can lose their legal status after committing a crime. ICE’s docket includes a wide range of offenses:

• Violent crimes: Over 13,000 convicted of murder and 62,000 convicted of assault
• Non-violent offenses: More than 125,000 for traffic-related violations

Some convicted noncitizens remain in the U.S. due to legal or logistical barriers, such as countries refusing deportations (e.g., Cuba, Venezuela, China) or protections under international law for those at risk of torture in their home countries.

Crime Rates Among Noncitizens

Government data and studies consistently show that undocumented immigrants are incarcerated at lower rates than native-born Americans. While some individuals in the U.S. illegally may have criminal records, the available evidence does not support the perception that undocumented populations are disproportionately involved in criminal activity.

Conclusion

Homan’s claim of 1.5 million noncitizens with criminal convictions and Johnson’s assertion of up to 4 million violent criminals are not supported by ICE’s data. According to the agency, approximately 660,000 noncitizens in the U.S. have criminal records, representing a small fraction of the overall noncitizen population.

While deporting individuals with serious criminal convictions remains a priority for immigration enforcement, the conversation surrounding these figures should be grounded in verified data to ensure a clear understanding of the issue.

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