Email, Curtis Philp, deputy chief of staff, U.S. Rep. Lamar Smith, Aug. 19, 2016

2:42 p.m.

Congressman Smith meant to say that one-third of federal sentences go to illegal immigrants, not that one-third of federal prisoners are illegal immigrants.  Furthermore, the percentage of federal sentences is supported by both 2014 and 2015 U.S. Sentencing Commission data (attached) showing that 36.7% of federal sentences go to illegal immigrants.

The Bureau of Prisons figure that 22% of the federal prison population are non-citizens appears to be low for at least two reasons.

First, this figure has historically been higher, around 27% or 28%.  Also, the figure fluctuates depending on the day it is reported, such as when the BOP releases prisoners to local jurisdictions and to ICE.

Second, prisoners are asked to self-report their immigration status, which leads to substantial underreporting of the number of illegal immigrants. Were it not for such self-reporting, the incarcerated rate could well be as high or higher than the sentencing rate of 37%.

I believe that Jennifer in my office sent some of the statistics to you, but in addition to both years attached you can access it at their website: http://isb.ussc.gov/Login.  Go to “All Table and Figures” and then “Primary Offense and Offender Characteristics.”  Finally, click on “Citizenship of Offenders in Each Primary Offense Category.”

Please let me know if you need anything else.

Thanks for your time.

-Curtis

Curtis Philp

Deputy Chief of Staff

Rep. Lamar Smith (TX-21)