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The U.S.

Department of Homeland Securitys Response


to Senator Sessions, et al. July 7, 2015 Letter
1. How many aliens present in the United States today have ever been arrested for a
criminal offense?
U.S. Immigration and Customs Enforcement (ICE) is unable to statistically report on this
information, as ICE does not have sufficient information to determine alienage or criminality
regarding all individuals present in the United States who may be aliens.
2. How many aliens present in the United States today have ever been convicted of a
criminal offense?
Again, ICE is unable to statistically report on this information, as ICE does not have
sufficient information to determine alienage or criminality regarding all individuals present
in the United States who may be aliens.
3. How many aliens with final orders of removal remain in the United States today?
As of September 12, 2015, ICE records indicate that there are 918,369 non-detained aliens
with final orders of removal who remain in the United States. This number includes
individuals who cannot lawfully be removed at the present time due to certain protections
afforded under the Immigration and Nationality Act, such as temporary protective status or
withholding of removal; individuals who may be lawfully removed but who are no longer
enforcement priorities; individuals who are enforcement priorities but who have been
released under conditions (e.g., electronic monitoring, regular reporting requirements, bond)
due to case-specific circumstances; and individuals who are enforcement priorities and are
targeted for removal through ICEs increased at-large operations, such as fugitives with
criminal convictions. ICE also has in its custody 11,315 individuals who are awaiting
removal to their home countries.
a. Of those, please specify how many have ever been arrested for any criminal offense.
ICE is unable to statistically report on the number of aliens who have been arrested for
criminal offenses.
b. Of those, please specify how many have ever been convicted of any criminal offense.
Of the 929,684 aliens with final orders of removal who remain in the United States,
179,027 have criminal convictions.
4. From fiscal year 2009 through the present, how many detainers has your Department
issued? Of those, how many were honored?
From Fiscal Year 2009 through August 1, 2015, ICE has issued 1,574,743 detainers. Prior to
January 2014, ICE did not track detainers declined by law enforcement agencies, and is
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unable to statistically report on these numbers. Nationwide, between January 1, 2014 and
June 30, 2015, 16,495 detainers issued had not been honored.
5. Does DHS have any projections as to how PEP will affect the number of detainers it
issues each year? If so, please provide them.
ICE does not have such a projection. However, the Priority Enforcement Program (PEP) is
designed to focus ICEs resources on individuals who pose a threat to national security or
public safety. ICEs enforcement activities will be directed accordingly.
A number of courts have held that detention by state and local law enforcement agencies
pursuant to the Department of Homeland Securitys (DHS) prior detainer form violates the
Fourth Amendment. PEP was designed to address a number of legal issues that existed under
Secure Communities. The Department is dedicated to maintaining its strong relationships
with those jurisdictions that partner with us today, while bringing back on board those
jurisdictions that previously declined to cooperate with ICE.
6. Does DHS have any projections as to how the new enforcement priorities will affect the
number of removals it can effectuate each year? If so, please provide them.
ICE does not have such a projection.
7. Does DHS have any projections as to how PEP will affect the number of removals it can
effectuate each year? If so, please provide them.
ICE does not have such a projection.
8. Does DHS have any projections as to how many criminal aliens with any record of a
criminal arrest or conviction will be permitted to stay in the United States after full
implementation of PEP? If so, please provide them.
ICE does not have such a projection.
9. Does DHS have any projections as to how many sanctuary jurisdictions will comply
with PEP? If so, please provide them.
ICE does not have such a projection. However, ICE field office directors have been
instructed to reach out to and educate local jurisdictions regarding PEP and to work to foster
renewed cooperation with jurisdictions that have previously declined to cooperate. ICE
continues to conduct outreach on a large scale in an effort to obtain greater cooperation. Of
the roughly 340 jurisdictions that previously declined to cooperate with ICE, over half have
now agreed to participate in PEP. We expect the number of jurisdictions participating in PEP
to continue to rise as a result of our ongoing outreach.
10. DHS has publicly touted its engagement with Los Angeles County regarding PEP.
However, DHS has not actually secured any commitments from Los Angeles County as
to how it will cooperate with PEP. Do you have any guarantees that Los Angeles
County, or any other sanctuary jurisdiction, will fully comply with PEP?
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The Department is pleased that in May 2015, the Los Angeles County Board of Supervisors
(County Board) expressed its support for PEP and voted to request the Los Angeles County
Sheriffs Department (Sheriffs Department) to cooperate with DHS to implement the
program. The Sheriffs Department further clarified its policies, practices, and procedures
relating to such cooperation in September 2015, after consultation with community groups,
the Board of Supervisors, justice system partners, and DHS, and it is now participating in
PEP.
DHS will continue to work with the Sheriffs Department and local elected officials to
implement PEP in Los Angeles County in a way that supports community policing and
public safety, while ensuring that ICE takes custody of dangerous criminals before they are
released into the community.
11. How many jurisdictions that had previously refused to honor detainers or otherwise
cooperate with federal immigration law enforcement have committed to comply with
PEP in its entirety?
Of the roughly 340 jurisdictions that previously declined to cooperate with ICE, over half
have now agreed to participate in PEP. We expect the number of jurisdictions participating
in PEP to continue to rise as a result of our ongoing outreach.
12. Under PEP, will DHS issue a request for a notification of release or a detainer for all
aliens who are subject to mandatory custody under section 236(c) of the INA? If not,
please explain why not.
Under PEP, ICE will seek the transfer of a removable alien when that individual has been
convicted of a criminal offense covered under the Departments civil immigration
enforcement priorities, has intentionally participated in an organized street gang to further the
illegal activity of the gang, or poses a danger to national security. However, PEP does not
prevent ICE from seeking the transfer from a cooperative state or local law enforcement
agency of an alien when ICE has otherwise determined that the alien is an immigration
enforcement priority.
13. In light of the tragic murders of Kathryn Steinle and Angelica Martinez last week, is it
still the Administrations position that federal immigration detainers should not be
mandatory?
The overriding objective of PEP is public safety. ICE is implementing this new enforcement
approach in a way that upholds the trusted relationships local law enforcement has with their
communities.
The Administrations position is that making immigration detainers mandatory would be
counterproductive to solidifying cooperation with law enforcement authorities in its efforts to
promote public safety.

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