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Trump falsely claims Harris 'let in' 13,099 killers

Trump, without evidence, claims Biden and Harris admitting millions from jails and prisons.

Published October 6, 2024 at 5:05am by

Donald Trump

Statement: Kamala Harris "let in the 13,099 convicted murderers and opposes all efforts to find them and to remove them."

Throughout the presidential campaign, former President Donald Trump has claimed, without evidence, that President Joe Biden and Vice President Kamala Harris have allowed "millions of people from jails, from prisons" into the U.S.

Trump has persistently used the term "migrant crime," despite violent crime being down in the U.S. and studies demonstrating that immigrants commit crimes at lower rates than U.S. citizens.

Now, Trump is citing Immigration and Customs Enforcement (ICE) statistics to substantiate his claims.

"These are certified numbers," Trump stated at a Sept. 29 rally in Erie, Pa., later asserting, "Kamala let in the 13,099 convicted murderers and opposes all efforts to find them and to remove them."

Recent official numbers indicate that 13,099 immigrants convicted of homicide are not in immigration detention. This data comes from a Sept. 25 letter from ICE Deputy Director Patrick Lechleitner to U.S. Rep. Tony Gonzales, R-San Antonio.

However, "the data in this letter is being misinterpreted," according to a Department of Homeland Security statement.

Most of the 13,099 individuals likely did not enter the U.S. in the past 3½ years; the data encompasses a span of 40 years. Many are not in immigration detention because they are in law enforcement custody, serving sentences. Moreover, a Supreme Court ruling, not the Biden-Harris administration, mandated that people cannot be indefinitely detained in immigration facilities. Thus, those from countries not accepting deportations must be released.

Asked for evidence, Trump campaign spokesperson Karoline Leavitt stated that everyone who crosses the U.S. border illegally is a "criminal."

How many noncitizens convicted of crimes are not in immigration detention?

In his letter to Gonzales, Lechleitner detailed the number of immigrants on ICE's nondetained docket who have criminal convictions. As of July 21, there were 425,431 noncitizens convicted of crimes on the docket, 13,099 of whom had homicide convictions. Other convictions included traffic offenses, assault, and robbery.

Lechleitner’s letter does not specify whether people were convicted inside or outside the U.S., but immigration authorities usually prioritize detention for those who cross the border illegally and have criminal convictions in their home countries.

Not everyone on the nondetained docket entered the U.S. illegally; legal permanent residents who commit crimes can also be listed.

The data does not solely represent people who entered during Biden's term.

"The data goes back decades; it includes individuals who entered the country over the past 40 years or more, the vast majority of whose custody determination was made long before this Administration," the Homeland Security statement noted.

ICE does not provide entry years for criminally convicted individuals, so it’s unclear how many of the 13,099 people convicted of homicide entered during the Biden-Harris administration.

As noted by Alex Nowrasteh, vice president for economic and social policy studies at the Cato Institute, "That’s obviously not true" had 13,099 noncitizens entered in the past three years, which would account for about one-third of all homicide convictions from 2021 through 2023.

The nondetained docket has more than doubled during Biden’s administration, from 3.3 million in fiscal year 2020 to 7 million as of May 2024. However, the increase in nondetained people with criminal convictions has not escalated as quickly.

Why are noncitizens convicted of crimes not in immigration detention?

Several reasons explain why people convicted of crimes are not in immigration detention:

People are serving time in prison: Many convicted individuals are in federal, state, or local law enforcement custody, serving prison sentences.

After release, they generally enter ICE custody. A 2021 Biden administration memo directs immigration authorities to prioritize detention for those who pose a public safety threat. The Department of Homeland Security stated that it has deported 180,000 noncitizens with criminal convictions since January 2021.

People cannot be indefinitely detained in immigration detention: Immigration law requires the detention of people convicted of aggravated felonies, such as homicide. However, the Supreme Court ruled in 2001 that indefinite detention is not permitted. This affects individuals from countries that do not accept U.S. deportations, as they must be released if there is no repatriation agreement.

PolitiFact's ruling

Trump claimed at a Pennsylvania campaign rally that Harris "let in the 13,099 convicted murderers and opposes all efforts to find them and to remove them."

However, while ICE reports 13,099 noncitizens convicted of homicide are not in immigration detention, the data includes people who entered the U.S. over the past 40 years. Many are in law enforcement custody or come from countries not accepting deportations. A Supreme Court ruling, not the Biden-Harris administration, mandates that people cannot be indefinitely detained.

We rate this claim False.

Our sources

Read more: Why Donald Trump’s claim that Kamala Harris ‘let in’ 13,099 convicted killers is False