I am only presenting highlights. You need to read the entire report to fully understand the significance of this data.

Section 16 of President Trump’s Executive Order on Enhancing Public Safety in the Interior of the United States requires the DHS Secretary and the Attorney General to provide quarterly reports on the immigration status of aliens incarcerated under the supervision of the Federal Bureau of Prisons (BOP); aliens incarcerated as federal pretrial detainees under the supervision of the United States Marshals Service (USMS); and of all convicted aliens in state prisons and local detention centers.

A total of 58,766 known or suspected aliens were in in DOJ custody at the end of FY 2017, including 39,455 persons in BOP custody and 19,311 in the USMS custody. Of this total, 37,557 had been confirmed by ICE to be aliens (i.e., non-citizens and non-nationals), while 21,209 foreign-born people were still under investigation by ICE to determine alienage and/or removability.

Among the 37,557 confirmed aliens, 35,334 (94 percent) were unlawfully present. This includes a 92 percent unlawful rate among 24,476 confirmed aliens in BOP custody and a 97 percent unlawful rate among 13,081 confirmed aliens in USMS custody.

Information Regarding Immigration Status of Aliens Incarcerated Under the Supervision of the Federal Bureau of Prisons

Out of the 185,507 inmates in BOP custody, 39,455 (21 percent) were reported by BOP as foreign-born. Further details regarding these 39,455 foreign-born inmates are as follows:

  • 20,240 (51 percent) were unauthorized aliens who are subject to a final order of removal;


  • 14,979 (38 percent) remain under ICE investigation;


  • 2,374 (6 percent) were unlawfully present and now in removal proceedings;


  • 1,852 (less than 5 percent) were lawfully present aliens but are now in removal proceedings; and


  • 10 were aliens who have been granted relief or protection from removal.


Information Regarding the Immigration Status of Aliens Incarcerated as Federal Pretrial Detainees

USMS identified 19,311 aliens and foreign-born inmates under ICE investigation detained at USMS facilities. Further details regarding these 19,311 foreign-born inmates are as follows:

  • 11,459 (59 percent) were aliens who are subject to a final order of removal;


  • 6,230 (32 percent) remain under ICE investigation;


  • 1,261 (6.5 percent) were unlawfully present and now in removal proceedings;


  • 358 (less than 2 percent) were lawfully present but are now in removal proceedings; and


  • 3 were aliens who have been granted relief or protection from removal.


About the author. Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years; he subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years