Former US President Donald Trump has once again drawn attention for making false claims related to immigration and crime, this time aiming his rhetoric at Vice President Kamala Harris.
During posts on Friday and Saturday, Trump inaccurately cited new statistics on convicted murderers in the United States, claiming that thousands of murderers entered the country under the Biden-Harris administration.
In his posts, Trump alleged that 13,000 convicted murderers entered the country during Harris' tenure as the so-called "Border Czar," and that she has allowed nearly 14,000 murderers to "roam freely" within the U.S. This rhetoric was aimed at Harris' visit to the southern border in Arizona on Friday, in an attempt to criticize her handling of immigration.
Fact-check: Misinterpretation of statistics
Trump’s claims have been widely discredited by fact-checkers. The statistics he refers to are not, as he claimed, specifically about individuals who entered the country during the Biden-Harris administration. Instead, the figures released by Immigration and Customs Enforcement (ICE) in a letter to a Republican congressman cover noncitizens who entered the country over several decades, including during Trump's own presidency.
Moreover, Trump's suggestion that these individuals are "freely roaming" the country is misleading. The statistics include noncitizens who are currently serving jail or prison sentences and those under monitoring by ICE, not merely individuals living freely in the U.S.
According to the ICE report, 425,431 convicted criminals are currently on ICE’s “non-detained docket,” which includes individuals with varying offenses, from traffic violations to more serious crimes such as homicide. The list covers offenders who have been in the country for decades and spans multiple U.S. administrations.
Context of ICE "Non-detained docket"
The "non-detained docket" is a list of individuals who have been convicted of crimes but are not in immigration detention. Some of these individuals are still serving prison sentences, while others are monitored by ICE through various means, such as electronic tracking.
John Sandweg, former acting director of ICE during the Obama administration, clarified that it is "100% false" to claim all the offenders on the list entered the U.S. during Harris' vice presidency. Many have been on the list for years, including during Trump's presidency, largely because their home countries refuse to cooperate with U.S. deportation efforts.
Sandweg explained that in some cases, such as individuals from countries like Russia, the U.S. government is unable to deport them because their countries will not accept their return. As a result, these individuals are released after serving their sentences, though they remain under supervision.
Role of Supreme Court
Under a 2001 Supreme Court decision, the U.S. cannot indefinitely detain individuals who have been ordered to be removed from the country. Once these individuals complete their criminal sentences and are ordered for deportation, they must be released if their home countries do not accept them back. This legal precedent applies regardless of the severity of their crimes, including homicide.
As Sandweg noted, “ICE, of course, is not willy-nilly saying, ‘Okay, people convicted of murder, you’re not a priority.’” The agency, however, is bound by legal limits on how long they can hold these individuals in immigration detention.
Broader view of immigration policy
The immigration issue has long been a political talking point, with various administrations facing challenges in handling undocumented individuals with criminal records. Despite Trump’s criticism, public records show that the non-detained docket, including those with criminal convictions, also expanded during his presidency.
A federal report from August 2016, during the Obama administration, showed 368,574 total convicted criminals on the non-detained docket. By June 2021, five months into Biden’s presidency, the number had increased to 405,786. By July 2024, the figure stood at 425,431—a 5% increase during the Biden-Harris administration and a 10% rise over the previous five years, which included Trump’s tenure.
Exaggeration of Harris' role
Trump’s frequent references to Harris as a "Border Czar" are also inaccurate. While she has been involved in addressing the root causes of migration from Central America, Harris has never been tasked with directly overseeing the U.S.-Mexico border or managing day-to-day immigration policy. Her role has primarily focused on addressing long-term regional issues contributing to migration.
