Recent data provided by Immigration and Customs Enforcement (ICE) to Congress revealed that more than 13,000 immigrants convicted of homicide—either in the United States or abroad—are currently on the agency’s “non-detained” docket. This designation indicates that while ICE is aware of these individuals and their pending immigration cases, they are not actively detained. Reasons for their non-detention vary, including prioritization decisions, ongoing incarceration in state or federal facilities, or difficulties in locating these individuals. The data was collected and shared in response to a request from Rep. Tony Gonzales of Texas.
ICE’s struggle to manage such a vast “non-detained” docket is compounded by its limited resources and complex interactions with state and local law enforcement. Two law enforcement officials noted that the timing of these individuals’ entry into the U.S. spans multiple administrations, with many crossing under previous leadership, including that of former President Trump. This issue is longstanding: a 2016 DHS Inspector General’s report found 368,000 criminal immigrants not detained by ICE, a number which has since increased to over 435,719 as of July 2024. ICE’s limited capacity to track and prioritize the detention of immigrants with serious convictions, such as homicide, reflects systemic issues within immigration enforcement.
A spokesman for the Department of Homeland Security clarified that this data spans several decades and encompasses individuals with a range of circumstances. In many cases, ICE is not informed of a person’s criminal history at the time they cross the border, or they are released by local or state officials without ICE notification due to sanctuary policies. These gaps hinder ICE’s ability to swiftly locate and detain those deemed a public safety risk.
For attorneys representing undocumented immigrants with serious criminal convictions, strategic legal representation is essential. Key recommendations include:
- Advocating for Transparent Communication and Due Process: Lawyers should ensure their clients’ rights are safeguarded, facilitating clear communication with both criminal and immigration authorities. Coordination with ICE and state or federal entities is crucial in clarifying custody status and developing a legal strategy that protects the client’s rights.
- Exploring Relief Options Under Immigration Law: Counsel must assess all potential relief avenues, such as asylum claims, waivers of inadmissibility, or humanitarian protections. Tailored defense strategies in criminal proceedings may mitigate the impact of convictions on immigration outcomes, increasing the chances for alternative relief options.
With more than 7.5 million immigrants on ICE’s non-detained docket, addressing public safety and enforcing due process remains a significant legal and operational challenge. The legal community plays a vital role in navigating this complex landscape while advocating for justice and adherence to immigration laws.
If you have been arrested or were charged with a crime and you are an immigrant, obtaining strong legal representation should be your first step. At Dhar Law, LLP, we know that it can be worrying when you or a loved one find yourself in legal trouble, especially if your immigration status is on the line. Our experienced and established crimmigration defense attorneys in Boston are here to provide you with the legal representation you deserve.Contact our office today at 617 880-6155 to speak with our knowledgeable crimmigration lawyers in Boston. Please contact us if you are an undocumented immigrant accused of a crime.
