How do 'criminal alien' counts published by CBP differ from per‑capita crime or arrest rates used in academic studies?

Checked on January 28, 2026
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Executive summary

CBP’s “criminal alien” tallies are raw enforcement counts that record persons intercepted by Border Patrol who have one or more prior convictions (including convictions abroad) and list types of convictions without calculating risk relative to any population denominator [1]. Academic studies, by contrast, measure crime as rates—typically arrests, convictions, or victimizations per 100,000 people or by share of offending among population subgroups—using population estimates and standardized datasets to allow comparison across groups and over time [2] [3] [4].

1. What CBP actually counts — a headcount of intercepted people with recorded convictions

CBP’s Criminal Alien Statistics present counts derived from records checks after Border Patrol apprehensions and classify individuals as “criminal aliens” if database checks show one or more prior convictions, whether those convictions occurred in the United States or abroad; the reports explicitly note that some individuals have multiple convictions and therefore total convictions can exceed total arrests [1] [5] [6]. These are enforcement-derived encounter statistics: they reflect who Border Patrol encountered and what showed up in law‑enforcement databases at that moment, not a representative sample of a resident population [1].

2. Why CBP counts are not per‑capita rates — no denominator, no standardization

Unlike academic rate measures, CBP does not divide these counts by a population estimate of noncitizens, border crossers, or local residents; the reports lack a stable denominator that would produce a per‑person rate [1]. Academic work emphasizes that to compare criminality across groups one must normalize by population size—using estimates of the undocumented population or other denominators from sources such as Pew or the Center for Migration Studies—so that findings reflect relative prevalence rather than absolute numbers subject to enforcement volume [2] [3].

3. Different data sources and definitions produce different pictures

Academic studies typically rely on standardized crime measures—FBI UCR data, state arrest records, or carefully constructed incarceration or prosecution datasets—and pair those with population estimates to compute per‑capita arrest, conviction, or incarceration rates; such methodologies enable longitudinal or cross‑group comparisons and control for confounders [2] [3]. CBP’s product is an enforcement statistic that also includes convictions recorded abroad and aggregates convictions by type, which colors the dataset with both detection bias (who is stopped) and definitional breadth that academic measures usually avoid [1] [5].

4. Biases and limits: enforcement selection, multiple convictions, and cross‑jurisdictional data gaps

CBP counts are susceptible to selection bias because they measure only those apprehended by federal border authorities—people who are “present” at the border encounter—so they do not capture the population of noncitizen residents or the universe of crimes committed by any group [1]. CBP notes that some convictions are for foreign offenses and that individuals may carry multiple convictions, which inflates conviction tallies relative to distinct-person counts [1] [5]. Academic researchers warn of similar data limits but address them by using population estimates and models to test robustness; they also emphasize data constraints when estimating undocumented populations and stress the need for multiple sources to validate rates [2].

5. Competing narratives: policy advocacy vs. scholarly synthesis

Advocacy outlets emphasize CBP counts to argue that border enforcement catches criminals and that each intercepted crime was “preventable,” framing raw counts as evidence for stricter policy [7]. Scholarly syntheses and nonpartisan explainers, including Migration Policy Institute, place those CBP numbers in a broader research context that finds immigrants generally have lower crime and incarceration rates than the U.S.-born population, arguing that per‑capita measures are essential to avoid misleading conclusions from raw enforcement tallies [4] [2]. Both perspectives have implicit agendas: enforcement agencies highlight interdictions to show operational success [1], while academics urge caution against conflating absolute interdiction counts with comparative risk without denominators [4] [2].

6. Bottom line for readers following the numbers

CBP’s criminal‑alien figures document how many interdicted individuals had prior convictions and what convictions show up in law‑enforcement databases; they are not per‑capita crime or arrest rates and cannot, by themselves, demonstrate whether noncitizens are more or less likely to offend than U.S.‑born people because they lack the necessary denominator and standardization that academic studies employ [1] [2] [3]. Understanding differences requires combining enforcement counts with population estimates and standardized crime measures—exactly the methodological step that peer‑reviewed research and policy explainers recommend [2] [4].

Want to dive deeper?
How do researchers estimate the undocumented population for per‑capita crime rate calculations?
What methodological controls do academic studies use to compare immigrant and native‑born crime rates?
How do enforcement priorities and data‑sharing practices affect what appears in CBP criminal‑alien databases?