Verifying Claims: Trump Distorts Facts Regarding Immigrants and Homicide Rates in Criticizing Harris
Trump incorrectly asserted that the statistics he was referencing were exclusively about criminal offenders who entered the US during the Biden-Harris administration, when in fact, they pertain to offenders who entered the country over numerous decades, including during Trump's tenure. Moreover, he falsely claimed that the statistics concerned individuals living freely in the US, while they actually encompass individuals currently incarcerated due to their crimes.
On Friday, Trump published a post stating, "Kamala should immediately cancel her News Conference because it was just revealed that 13,000 convicted murderers entered our Country during her three and a half year period as Border Czar." He then continued with a similar claim in another post that same day, "Harris allowed almost 14,000 MURDERERS to freely and openly roam our Country."
Trump's declarations are misleading in several ways. Firstly, the statistics he mentioned do not concentrate on individuals who entered the country under the Biden-Harris administration, but rather, non-citizens who entered the country under any administration, had criminal convictions at a later point, and were based in the US while listed on ICE's "non-detained docket" - a list where some people remained for years, including during Trump's presidency, due to their country of citizenship refusing to accept their deportation back.
Secondly, ICE's "non-detained" list contains individuals still serving jail and prison sentences for their crimes. They are included on the list because they are not held in immigration detention specifically.
The statistics, released by ICE in a letter to a Republican congressman, stated that there were 425,431 total convicted criminals on the "non-detained docket" as of July 21, 2024, including 13,099 people with homicide convictions. The data have been used by Trump and various Republican lawmakers and right-wing commentators as evidence of Harris' alleged mismanagement of immigration policy, but many misinterpretations and exaggerations have surfaced.
Despite Harris' role as "border czar" being exaggerated, much of the chatter relating to the statistics has also maliciously described what they represent. A spokesperson for the Department of Homeland Security clarified that the data goes back decades and includes individuals who entered the country over the past 40 years or more, with the majority of custody determinations being made long before the current administration. The data also includes people under the jurisdiction of federal, state, or local law enforcement.
It's unclear how many of the 13,099 people with homicide convictions on ICE's "non-detained docket" are currently incarcerated in jails and prisons. However, John Sandweg, an attorney who served as acting director of ICE during the Obama administration, argued that it is false to claim that all homicide offenders on the list entered the US during Harris' vice presidency. Sandweg added that many of these individuals have probably been on the list for 20 years due to their country's uncooperativeness in accepting their deportation.
CNN could not immediately find public statistics on people with criminal convictions on the "non-detained docket" during Trump's presidency. However, public statistics from before and after his presidency show that Trump too, presided over a "non-detained docket" that included thousands of individuals with criminal convictions.
The Supreme Court's decision necessitates ICE to release some offenders
Trump's posts led viewers to believe that homicide offenders on the "non-detained docket" had foreign homicide convictions, but were nonetheless allowed to cross the US border and live freely. In reality, data indicates that the vast majority of people with criminal convictions on the "non-detained docket" were convicted in the US.
The reason some people with criminal convictions are not in immigration detention is due to a 2001 Supreme Court decision that prevents the US government from indefinitely detaining someone after they have been ordered removed from the country. If someone has served their criminal sentence for homicide and is then ordered to be removed from the US, but their country refuses to accept them back, they must be released in the US - usually after no more than six months in immigration detention.
Sandweg explained, "Let’s say you have a Russian who was convicted of homicide. There’s nothing we can do there, given how Russia simply won’t accept the deportation." This does not mean the person is completely free, as people on the "non-detained docket" often have to check in with ICE or be monitored electronically but the detention is not legally authorized beyond a certain point.
Once again, this data has been widely misrepresented by various sources, inciting fear and suspicion surrounding Harris' immigration policies. It is important to clarify and debunk these misrepresentations to allow for a more informed understanding of the situation.
Reichlin-Meltnick highlighted on social media on Saturday that the non-detained docket encompasses individuals in prisons and jails, mentioning earlier on Friday that individuals with homicide convictions on the non-detained docket have likely been in the country for years, completed their sentences, and cannot be deported due to restrictions from their home countries.
Reichlin-Meltlick continued to shed light on ICE's non-detained docket, stating that individuals with serious criminal records, despite having served their time and obtaining legal protection and relief from removal, remain on the docket and are required to periodically report to ICE.
The convict list on the non-detained docket consists of people who entered the country illegally, as well as those who came legally, such as via a visa or green card, only to commit a crime and face removal proceedings or orders.
As revealed by the data:
The non-detained docket is not a recent invention, having seen numerous individuals with criminal convictions enlisted during the Trump presidency. A Fox News report, which Donald Trump frequently boosted during his Friday address, confirmed that not all criminals joined during the Biden-Harris administration. In fact, some individuals have been listed for many years across multiple administrations.
As per the official records, there were 368,574 total convicted criminals on the non-detained docket as of August 2016, during the Obama administration. Then, in early June 2021, under the Biden-Harris administration, the figure had risen to 405,786 convicted criminals. By July 2024, the number increased to 425,431.
The non-detained docket saw a 10% increase in conviction figures between August 2016 and June 2021, totaling around 5 years, including the 4-year tenure of the Trump administration. During the subsequent 3+ years under the Biden-Harris administration, the docket further increased by roughly 5%.
Given the inconsistency in releasing data on individuals on the non-detained docket with criminal convictions, it is challenging to determine the proportion of the increase attributable to the Trump administration versus the final months of the Obama administration and the early stages of the Biden-Harris administration.
Regardless, there isn't any substantiation that Trump's allegation held true, as many of the individuals with homicide convictions did not enter during the Biden-Harris administration. According to Sandweg, the docket also expanded under the Trump administration.
The crimes committed by the non-detained docket's members ranged from severe offenses, such as homicide and sexual assault, to minor infractions, such as gambling, liquor, and obscenity violations. The conviction categories with the largest population on the non-detained docket were "traffic offenses" (77,074), "assault" (62,231), "dangerous drugs" (56,533), and "immigration" (51,933).
CNN was unable to find public data on the specific number of individuals with homicide convictions on the non-detained docket in previous years, including the Trump administration.
It is undeniably true that the total number of people on the non-detained docket, including those without any criminal conviction, has surged during the Biden-Harris administration. (There are various reasons why people may end up on the docket; we won't delve into those details here.) ICE asserts that the docket increased from roughly 3.3 million in the 2020 fiscal year, under Trump, to approximately 6.2 million in the 2023 fiscal year.
Critics of Harris may legitimately cite this surge in numbers. However, her opponent's criticism should be addressed honestly.
CNN’s Priscilla Alvarez contributes to this article.
In response to Trump's claims, it's crucial to note that the statistics he referenced do not exclusively pertain to individuals who entered the US during the Biden-Harris administration, but rather extend to offenders who entered under various administrations and remained on ICE's "non-detained docket" due to their country of origin refusing deportation. (This sentence contains the word: ['politics'])
Furthermore, it's misleading to claim that the statistics concern individuals living freely in the US, as they encompass individuals currently incarcerated due to their crimes. (This sentence also contains the word: ['politics'])
