Asylum Seekers and Criminals in the U.S. Immigration System: The Complex Reality.
Raids to detain and deport migrants living in the U.S. without permission are set to begin on the first full day of President-elect Donald Trump's administration, sources told CBS. Although Chicago was initially reported as a target, "border tsar" Tom Homan stated that the location may be reconsidered after its leak. Homan stressed that the administration's enforcement efforts are broader than just Chicago, with a focus on criminals and gang members.
"We'll be arresting people across the country, uninhibited by any prior administration guidelines," Homan told the Washington Post. He added that ICE would target "public safety threats and national security threats" from day one. Homan also clarified that the operations would not be "raids," but "targeted enforcement operations," well-planned with precise knowledge of who and where to arrest.
The raids are expected to focus on "sanctuary" cities like Chicago, New York, Los Angeles, Denver, and Miami, which limit cooperation with federal immigration officials. Homan also mentioned that deportation flights could begin in the first week of Trump's presidency. Some reports suggest that Trump may end a policy preventing ICE arrests at churches.
While Trump's administration prioritises deporting criminals, all undocumented migrants, including those without criminal histories, could face arrest and deportation. The Laken Riley Act, which would mandate detaining migrants suspected of criminal activity, is also likely to pass next week.
The Trump Administration’s Immigration Policies
Under President Trump, the Immigration and Customs Enforcement (ICE) agency adopted a more aggressive stance towards deportations. His administration made it a priority to remove not just those who had overstayed their visas or crossed the border illegally, but also those involved in criminal activities. Trump’s rhetoric was clear: the "bad hombres" must be removed.
For example, a typical ICE operation might involve the surveillance of individuals who had committed crimes, such as drug trafficking, sexual assault, or even drunk driving, but who were not yet deported. These individuals often remained under the radar until they had served their sentences, after which they were picked up by ICE agents for deportation. Take, for instance, the case of Daniel Bustamante-Cespedez, a Bolivian national who had overstayed his tourist visa and had a DUI conviction. Despite being released from county custody, ICE agents tracked him, waiting for an opportunity to apprehend him. His case exemplifies how immigrants with criminal records, even those guilty of minor offences, were among Trump’s focus for removal.
This approach has led to the identification of hundreds of thousands of individuals who, despite being in the U.S. illegally, are not involved in major criminal activities but have been arrested for misdemeanours or non-violent crimes. Nevertheless, under Trump's leadership, ICE would prioritise such individuals, considering them threats to public safety.
Where Do These Criminal Immigrants Come From?
Asylum seekers with criminal records in the U.S. come from a variety of countries, but certain regions contribute more than others. Many asylum seekers have fled countries with unstable governments, rampant violence, and civil unrest. The criminal records they may have are often linked to their pasts in war-torn or gang-dominated regions, where survival sometimes necessitates involvement in illegal activities. These individuals often face deportation under the assumption that they may pose a risk to public safety.
Central America: El Salvador, Honduras, and Guatemala
Among the highest number of criminal immigrants in the U.S. come from Central America. Countries like El Salvador, Honduras, and Guatemala have long been plagued by gang violence and drug trafficking. In particular, MS-13 and Barrio 18, two violent gangs with international reach, have left deep scars on these nations. Many immigrants from these countries have criminal records related to gang membership, drug trafficking, or violent offences.
In the case of El Salvador, for example, it is common for people to be involved in gangs as a form of protection or as a result of living in a society where violence is the norm. While many immigrants flee violence and seek asylum in the U.S., some individuals also bring with them a criminal history. However, critics argue that these individuals should not be categorised solely by their pasts, as many are victims of violence rather than perpetrators.
Mexico
Mexico has also been a major source of asylum seekers with criminal backgrounds. Many migrants from Mexico are fleeing the violence that results from the country's ongoing war against drug cartels. Criminal activity, including drug smuggling and violent crime, is rampant in certain parts of Mexico. Mexican nationals seeking asylum in the U.S. may have been involved in some form of criminal activity in their home country, either as a victim or, in some cases, as a participant in the illegal drug trade.
However, like other regions, the vast majority of Mexican asylum seekers are primarily victims of violence rather than criminals.
Venezuela
In recent years, Venezuela has seen a sharp increase in asylum seekers to the U.S. due to the political and economic crisis that has plagued the country. Many Venezuelans flee the oppressive regime of Nicolás Maduro, seeking refuge from political persecution, imprisonment, or even death threats. While political violence is rampant, the country also struggles with organised crime, which has led to an increase in criminal activity, including human trafficking, extortion, and smuggling.
Some Venezuelan asylum seekers may have criminal histories related to these issues, though, again, the majority are individuals seeking safety from political and economic turmoil.
Other Regions: Africa and the Middle East
Countries in Africa and the Middle East, particularly those affected by conflict, also contribute to the pool of criminal asylum seekers. Somalia, South Sudan, and the Democratic Republic of Congo (DRC), among others, have seen millions of refugees flee war and violence. Many of these individuals have been exposed to or involved in criminal activity due to the breakdown of law and order in their home countries.
Similarly, Syria has witnessed a massive exodus due to the ongoing civil war. While most refugees are simply fleeing the violence and destruction, some may have been forced to take part in militant groups or war-related crimes.
The Largest Number of Criminal Immigrants
When looking at the largest groups of asylum seekers with criminal records, Central American countries top the list. As mentioned, El Salvador, Honduras, and Guatemala are home to some of the most violent gangs in the world. As a result, many people from these countries have criminal records linked to gang activity, drug trafficking, or violent crime. While many are seeking asylum due to gang violence and threats to their lives, others may have a history of criminal involvement.
The Mexican population also represents a significant portion of criminal immigrants. Many of those deported have been involved in activities related to the drug trade or organised crime. However, it is worth noting that a vast majority of Mexicans seeking asylum are primarily victims of violence rather than criminals.
Highest Convictions and Most Common Crimes
The criminal records of immigrants often include a variety of crimes, ranging from nonviolent offences to violent criminal activity. Some of the most common convictions for criminal immigrants include:
Drug Offences: Drug trafficking is one of the most common criminal charges for immigrants, particularly from countries affected by drug cartels and trafficking organisations.
Violent Crimes: Crimes such as sexual assault, aggravated assault, murder, and robbery are also commonly found in the criminal records of immigrants. These crimes are often associated with gang activity, which is prevalent in countries like El Salvador and Honduras.
DUI (Driving Under the Influence): Some immigrants may have criminal records for driving under the influence, especially those who have been convicted of repeat DUIs. While this may seem less severe compared to violent crimes, it can still be a significant factor in deportation.
Fraud and Theft: Shoplifting, identity theft, and other forms of fraud are common offences that lead to criminal convictions. Under the proposed changes in legislation, even these nonviolent offences could be grounds for deportation.
Immigration Violations: Many immigrants are also convicted for being in the U.S. illegally, overstaying their visas, or re-entering the country after being deported.
Challenges Faced by ICE
While Trump’s administration pushed for more aggressive enforcement, ICE faced numerous challenges in carrying out mass deportations. The agency’s budget and resources were stretched thin, with limited detention facilities and a lack of cooperation from certain local jurisdictions, particularly in sanctuary cities. These jurisdictions refused to detain individuals without a warrant, making it difficult for ICE to apprehend those who had been convicted of crimes.
Another challenge was the sheer number of criminal immigrants in the country. ICE agents had a caseload of over 660,000 individuals with criminal records, a daunting number when considering that the agency has only about 6,000 deportation officers. Prioritising the most dangerous individuals, such as those with violent criminal records, became essential for effective law enforcement.
The issue of asylum seekers and criminals in the U.S. is far more nuanced than political rhetoric often suggests. While it is true that some immigrants have criminal backgrounds, the majority are victims of violence, political persecution, or economic hardship. The countries from which these individuals come, such as Central American nations, Mexico, Venezuela, and parts of Africa and the Middle East, often have high levels of violence, organised crime, and weak governance. These conditions force many to seek refuge in the U.S. in search of safety.
As the Trump administration emphasised a more aggressive approach to immigration enforcement, it became clear that the U.S. faced significant challenges in deporting individuals with criminal records, particularly those who had committed minor or non-violent crimes. While criminal asylum seekers represent a fraction of the overall immigrant population, they remain a focal point of debate and policy-making, highlighting the complexities of immigration law enforcement in a rapidly changing world.
Overview of Criminal Deportation Trends and Data (2023-2024)
The data surrounding criminal deportations in the U.S. is essential for understanding the ongoing efforts by Immigration and Customs Enforcement (ICE) to enforce immigration laws. In 2023 and 2024, a significant focus continued to be placed on deporting individuals with criminal records, particularly those involved in violent crimes, drug trafficking, and serious immigration violations. As the U.S. government balances enforcement efforts with asylum policies, the deportation of criminal immigrants remains a priority, with statistics suggesting a continuing trend towards prioritising individuals who pose the highest risk to public safety. Below, the following tables present the most notable trends for criminal deportations over the past years, broken down by crime type and country of origin, as well as projected deportation figures for 2024.
Criminal immigrants in the U.S. have been a major focus of immigration policy, especially under President Trump’s administration, which prioritised deporting those with criminal records. As of 2021, 660,000 noncitizens in the U.S. had criminal records, with Mexico being the leading country of origin for deported criminals, accounting for 45% of the total. Central American countries like El Salvador, Guatemala, and Honduras also contribute significantly, with many deportees linked to violent gangs such as MS-13.
The most common criminal convictions leading to deportation include DUI, assault, drug trafficking, and violent crimes like sexual assault. ICE prioritises deporting those convicted of violent crimes and repeat offenders. Notably, men account for over 90% of criminal deportees.
Sanctuary cities, particularly in states like California, complicate enforcement by limiting cooperation with federal immigration authorities, often preventing ICE from detaining individuals solely based on immigration status. Despite these challenges, deportations continue to focus on individuals deemed a public safety threat. Debates over deporting those convicted of nonviolent crimes, like theft or drug possession, remain contentious, with some pushing for broader enforcement to address recidivism risks.
