An integral part of Donald Trump's mass deportation proposal has been the claim that, during the Biden administration, thousands of migrants with criminal records were released and, in his words, "are now happily living in the United States."
The idea gained more traction back in September when U.S. Rep. Tony Gonzales, R-Texas, published a letter from ICE Deputy Director Patrick Lechleitner which revealed there were 662,566 noncitizens with criminal histories on the agency's non-detained docket (NDD), out of which more than 435,000 are convicted criminals and 226,847 of them have pending criminal charges.
Even though Homeland Security quickly stepped in to say the data had been "misinterpreted", the former president jumped on the opportunity to use it to further push his deportation plans, blaming Biden and then vice-president Kamala Harris for allowing thousands of criminals to be "free to roam and kill in our country."
Now, a new report from the Cato Institute has revealed that not only was the data by ICE being misinterpreted, it actually features unpalatable data for the Trump campaign, as more migrants with criminal records were released between 2017 and 2020 than during Biden's watch from 2021 to June 2024.
The study, based on data obtained through a Freedom of Information Act request, showed that some 92,900 noncitizens with criminal charges or convictions were released under Trump, compared to 56,280 during Biden. Among those released during Trump's term were over 8,000 violent offenders and 300 convicted murderers.
"One of his very first actions in office, the very first week that he was in office, he rescinded requirements for Immigration and Customs Enforcement to focus on convicted criminals," David Bier, director of immigration studies at the Cato Institute, told Newsweek, adding:
"First felons and then other people who committed serious misdemeanors, he revoked those requirements that were put in place by the Obama administration. So it was no longer a requirement for ICE to detain an arrest criminals over people who are just in the country illegally, who didn't have any criminal convictions"
The data also indicated that during the Trump administration, Immigration and Customs Enforcement (ICE) released twice as many migrants convicted of crimes in 2019 alone than in any year of Biden's presidency.
This practice continued even as resources were allocated towards detaining asylum seekers, especially following the implementation of Title 42 during the pandemic. Title 42 effectively closed off entry to asylum seekers, prioritizing immediate expulsions but, according to Cato, inadvertently increased criminal crossings as migrants with prior convictions attempted to re-enter.
Under Biden's administration, ICE has continued to focus more on criminal noncitizens, leading to a reduction in the overall release of individuals with criminal backgrounds. The study noted a 54% decrease in criminal releases from late 2020 through mid-2024, marking a strategic shift to prioritize those who pose significant safety risks.
The study concludes that not only has the Biden administration released fewer criminals, it's has been progressively arresting more migrant criminals as well:
"Currently, ICE is arresting more convicted criminals than it was when President Biden came into office. In 2024, it has averaged 5,571 removals per month of convicted criminals versus 4,080 in December 2020. It has brought into custody, on average, 5,719 convicted criminals per month, compared to 4,850 in December 2020."
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