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Biden’s Border Betrayal: Criminal Aliens in America ([link removed])
CIS expert testifies before U.S. Senate immigration subcommittee
Washington, D.C. (July 22, 2025) – The Senate Judiciary Subcommittee on Immigration, Citizenship, and Border Safety held a hearing today to highlight criminal alien arrest numbers in a historical context, the need for enforcement, and the impact on community and law enforcement safety. Andrew Arthur, the Center’s fellow in Law and Policy, drew on 33 years of immigration experience as a prosecutor, congressional staffer, and immigration judge to highlight the ICE arrest rate and place it in the context of past administrations. Arthur stressed that America’s generous legal immigration system can only continue to receive America’s support, if public safety is assured and laws enforced.

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Key takeaways:

* Historical context of arrest volume

Nearly 300,000 interior arrests under the Trump administration – exceeding FY 2023’s 170,600 and FY 2024’s 113,500 – and on track to double FY 2009 levels (~298,000).

* Past enforcement as higher than today

In INS v. Lopez‑Mendoza, the Supreme Court noted the number of illegal aliens arrested by the average officer at the time, and scaling that today, with a larger number of officers, would mean 3 million interior arrests since January.

* Trump administration has high criminal history share

Under the Trump administration, 70 percent of interior arrests involve individuals with criminal records. Notably, FY 2024 71.7 percent of 113,431 interior arrests had criminal convictions or pending charges, compared to just 43 percent in FY 2023.

* Sanctuary policies harm public safety

Sanctuary jurisdictions undermine ICE access to jails forcing them to perform “at‑large” arrests—raising risks for the public and law enforcement and delaying removal of criminal aliens.

* Serial offenders

A GAO study found criminal aliens averaged 7 arrests each.

* Due process tailored, but still guaranteed

All aliens, even criminal ones, receive constitutional protections during removal – though not equivalent to those afforded criminal defendants or U.S. citizens.

* Post‑9/11 lessons ignored

Following 9/11, Congress strengthened vetting systems. But under the Biden administration, millions of unvetted arrivals, harming public safety and national security.

* The public supports deporting criminal aliens

A July 2025 Harvard/Harris poll found 75 percent support for efforts to deport criminal illegal aliens.


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