During a recent rally in Colorado, former President Donald Trump highlighted his immigration policies, asserting that more illegal immigrants charged with crimes were released during his administration than under President Joe Biden. This claim comes from a report by the Cato Institute, a prominent libertarian think tank, which revealed that over 92,920 noncitizens with criminal records were released from custody between October 2017 and October 2020, including more than 8,000 violent offenders and 300 murderers.
In contrast, the report stated that 56,280 individuals with criminal backgrounds were released during Biden’s term, from January 2021 to June 2024. Trump has vowed to reinstate strict border policies, such as the “Remain in Mexico” policy and Title 42, which were utilized during the COVID-19 pandemic. The Cato Institute noted a significant increase in illegal border crossings by criminals after these policies were implemented.
David Bier, director of immigration studies at the Cato Institute, stated, “One of Trump’s first actions in office was to remove the requirement for Immigration and Customs Enforcement (ICE) to focus on convicted criminals.” This change allowed ICE to prioritize detaining noncitizens without criminal records, which was not the case under the Obama administration.
Trump has repeatedly claimed that the current administration’s policies have led to an influx of migrant criminals. On October 24, he asserted that “425,000 convicted criminal aliens were released into our country over the last three and a half years.” A fact-check by Newsweek found this claim to be misleading, as it included data from 40 years and accounted for incarcerated individuals.
Throughout his campaign, Trump has labeled immigrants as criminals and has promised to deport millions, despite the majority not being linked to serious crimes. He and his running mate, Ohio Senator JD Vance, have pointed to cities like Springfield, Ohio, and Aurora, Colorado, as examples of communities overwhelmed by migrant crime. However, local officials in Aurora have disputed the severity of the situation, particularly concerning the Venezuelan gang Tren de Aragua.
Data on Criminal Migrant Releases
The Cato Institute’s analysis, based on data obtained through a Freedom of Information Act request, indicates that a higher number of criminals were released during Trump’s presidency compared to Biden’s. In 2019, ICE released over twice as many migrants convicted of crimes (22,790) than during any single year of Biden’s term, with the highest figure in 2021 at 10,310.
From October 2017 to October 2020, among those released were 576 individuals convicted of sexual assault or rape, 3,900 who had committed assault, and 1,435 involved in domestic violence offenses. However, after Title 42 was introduced in early 2020, the border patrol stopped recording detailed criminal histories, making it difficult to assess later releases.
Notably, between December 2020 and June 2024, ICE reduced the release of convicted criminals by 54 percent. Bier commented, “The data shows that Trump’s proposed policies did not prioritize safety and actually resulted in a less secure immigration system.”
The Impact of Title 42
When the pandemic began, the Trump administration implemented Title 42 as a critical border security measure, effectively barring noncitizens from entry and allowing agents to turn back anyone who approached the border. The Cato Institute’s analysis showed that while this policy was in place, the number of convicted criminals encountered by Customs and Border Protection (CBP) increased significantly after previously declining.
Additionally, more migrants began to evade border patrol, leading to a rise in “getaways” recorded by CBP. The number of getaways more than doubled, increasing from 9,145 in December 2016 to 22,569 by December 2020. By June 2023, following the revocation of Title 42, the number of getaways had decreased to 13,104.
Bier expressed skepticism about the potential impact of Biden’s executive order in June, which effectively banned asylum. He stated that it was unlikely to replicate the effects of Title 42 since the current policy allows U.S. authorities to detain individuals with criminal records crossing the border.
Bier suggested that the high number of migrant criminals who evaded detection during Trump’s term was due to a focus on achieving large-scale removals rather than safety. “Mass deportation means indiscriminate, unprioritized enforcement, where you arrest whoever you can get off the street,” he said.
Continuing Tough Border Policies
The Cato analysis comes amid concerns from immigration advocacy groups that Trump’s mass deportation plans could affect one in three Latinos in the U.S. Experts warn that stricter border policies might also harm the economy. The U.S. Department of Homeland Security (DHS) has announced that it will maintain current entry restrictions at the southwest border for the foreseeable future.
Vice President Kamala Harris has committed to securing the border by increasing the number of border patrol officers and enhancing technology, while also promoting more legal pathways for immigrants. A recent Gallup survey revealed that immigration remains a top concern for voters, with a majority supporting mass deportation alongside increased pathways to citizenship.
Trump’s primary argument for stricter immigration policies centers on rising crime rates among migrants, which he attributes to the current administration. Bier concluded, “The question is whether we are effectively penalizing individuals for their actions, and which administration will better hold them accountable.”
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