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Mixed EvidenceImmigration

There are 1.6 million illegal aliens with final deportation orders in the U.S., half of whom have criminal convictions

Published February 14, 2026Updated February 14, 2026

Summary

ICE officials have stated that approximately 1.6 million individuals in the U.S. have final removal orders. The claim about half having criminal convictions appears to conflate two distinct populations: those with final removal orders and the broader 'non-detained docket' that ICE tracks, which includes individuals at various stages of immigration proceedings.

Primary Sources

Fox News Interview with Acting ICE Director Todd LyonsNews Report

Acting ICE Director Todd Lyons discussed deportation statistics in February 2025

ICE maintains statistics on non-detained populations including those with final orders of removal

DHS Report on Immigration EnforcementOfficial Statement

Department of Homeland Security periodic reports on removal orders and enforcement priorities

Congressional Testimony on ICE OperationsTranscript

ICE officials have testified before Congress regarding the backlog of deportation orders

Evidence Supporting the Claim

  • ICE maintains a non-detained docket tracking individuals in removal proceedings, which has grown to several million in recent years
  • Final orders of removal represent cases where immigration judges have ordered deportation but the individual remains in the United States
  • ICE officials have publicly acknowledged a substantial backlog of unexecuted removal orders
  • A portion of individuals with immigration violations do have criminal records in addition to immigration violations

Evidence Against / Context

  • The 1.6 million figure for final removal orders and the criminal conviction percentage may refer to different statistical populations
  • ICE's non-detained docket includes individuals at various stages of proceedings, not only those with final removal orders
  • Criminal conviction statistics often include the broader non-detained population (estimated 6+ million) rather than only those with final orders
  • The percentage of criminal convictions varies significantly depending on which population is measured (final orders vs. total non-detained docket)
  • Not all criminal convictions involve serious crimes; statistics may include misdemeanors and minor offenses

Timeline

  • Acting ICE Director Todd Lyons cited the 1.6 million figure in Fox News interview

  • ICE Deputy Director Patrick Lechleitner testified about 662,566 non-citizens with criminal histories on the non-detained docket

  • The non-detained docket grew substantially during this period according to ICE reporting

What This Means

Structured interpretation — not opinion

  • Key takeaway 1

    The 1.6 million figure for final removal orders represents individuals who have exhausted legal appeals but have not been physically removed from the country

  • Key takeaway 2

    Final removal orders do not automatically result in immediate deportation due to resource constraints, jurisdictional cooperation issues, and logistical challenges

  • Key takeaway 3

    The criminal conviction statistic requires clarification about which population is being measured and what types of convictions are included

  • Key takeaway 4

    A final removal order is distinct from being on the non-detained docket, which includes people at various stages of immigration proceedings

  • Key takeaway 5

    The capacity to execute removal orders is limited by ICE resources, cooperation from receiving countries, and legal requirements for deportation procedures

Related Claims in Immigration

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