April 15, 2009

Appendix C: Detailed Descriptions of Criminal Conduct within Each Offense Category

The following descriptions of criminal conduct within each crime category include all deportees, regardless of immigration status.

Offenses Involving Violence against Persons

There were 67 crimes in the most serious crime category, "offense involving violence against persons." Nine of these crimes accounted for 85.2 percent of the non-citizens whose most serious crime was in this category. Each of these nine crimes formed the basis for deportation in more than 1,000 cases.

Most Common Crimes in "Offense Involving Violence against Persons" Category

Offense

Frequency

Percent

Cumulative Percent

ASSAULT

27,802

40.7

40.7

ROBBERY

11,135

16.3

57.0

AGGRAVATED ASSAULT – WEAPON

5,412

7.9

64.9

SEXUAL ASSAULT

3,751

5.5

70.4

SEXUAL OFFENSE – AGAINST A CHILD – FONDLING

2,942

4.3

74.7

SIMPLE ASSAULT

2,840

4.2

78.9

AGGRAVATED ASSAULT – FAMILY – STRONG ARM

1,810

2.6

81.5

HOMICIDE

1,443

2.1

83.6

KIDNAPPING

1,127

1.6

85.2

Non-Violent General Offenses with Potential to Cause Harm

More than ninety-six percent of all non-citizens deported for a "non-violent general offense with the potential to cause harm" were found to have been convicted of one of nine crimes as their most serious. Each of these offenses formed the basis for deportation in more than 1,000 cases. It is important to note that this category includes crimes that may not be considered violent at all, such as "homosexual sex." There were 41 different criminal offenses in this crime category.

Most Common Crimes in "Non-Violent General Offense with Potential to Cause Harm" Category

Offense

Frequency

Percent

Cumulative Percent

DRIVING UNDER INFLUENCE LIQUOR

36,429

51.1

51.1

CRUELTY TOWARD WIFE [75]

12,725

17.8

69.0

WEAPON OFFENSE

7,051

9.9

78.8

SEX OFFENSE [76]

2,417

3.4

82.2

DRIVING UNDER INFLUENCE DRUGS

2,255

3.2

85.4

CARRYING CONCEALED WEAPON

2,172

3.0

88.4

HIT AND RUN

1,963

2.8

91.2

CRUELTY TOWARD CHILD [77]

1,830

2.6

93.8

FAMILY OFFENSE [78]

1,631

2.3

96.1

Non-Violent Drug Offenses

There were 43 different criminal convictions or forms of conduct that were categorized as non-violent drug offenses. Of deportees who were deported for a non-violent drug offense, 87 percent were deported for one of ten crimes as their most serious, each representing over 3,000 cases.

Most Common Crimes in "Non-Violent Drug Offense" Category

Offense

Frequency

Percent

Cumulative Percent

DANGEROUS DRUGS [79]

25,643

21.0

21.0

COCAINE – POSSESSION

20,885

17.1

38.1

COCAINE – SELL

18,599

15.2

53.3

MARIJUANA – POSSESSION

11,063

9.1

62.4

MARIJUANA – SELL

8,317

6.8

69.2

AMPHETAMINE – POSSESSION

6,492

5.3

74.5

HEROIN – SELL

4,496

3.7

78.2

AMPHETAMINE – SELL

4,061

3.3

81.5

HEROIN – POSSESSION

3,476

2.8

84.3

MARIJUANA – SMUGGLING

3,322

2.7

87.0

Non-Violent General Offenses

There were 121 separate offenses in the dataset that were categorized as a non-violent general offense. Of the 30,821 people deported for a non-violent general offense, 69.8 percent were deported for one of ten crimes as their most serious. More than 900 deportees had been convicted of each of these 10 crimes.

Most Common Crimes in "Non-Violent General Offense" Category

Offense

Frequency

Percent

Cumulative Percent

TRAFFIC OFFENSE

7,336

23.8

23.8

TRESPASSING

2,487

8.1

31.9

DISORDERLY CONDUCT

2,157

7.0

38.9

PROBATION VIOLATION

1,861

6.0

44.9

UNAUTHORIZED USE OF VEHICLE

1,607

5.2

50.1

POSSESSION OF WEAPON

1,565

5.1

55.2

RESISTING OFFICER

1,452

4.7

59.9

FAILURE TO APPEAR

1,070

3.5

63.4

PUBLIC ORDER CRIMES

989

3.2

66.6

OBSTRUCTION OF POLICE

972

3.2

69.8

Non-Violent Theft Offenses

There were 79 different offenses categorized as a non-violent theft offense. Of the 38,655 people deported for a non-violent theft crime, 82.9 percent committed one of nine crimes as their most serious. Each of the top nine crimes included more than 1,000 cases.

Most Common Crimes in "Non-Violent Theft Offense" Category

Offense

Frequency

Percent

Cumulative Percent

BURGLARY

9,402

24.3

24.3

LARCENY

6,954

18.0

42.3

VEHICLE THEFT

3,926

10.2

52.5

FRAUD

3,472

9.0

61.5

FORGERY

2,836

7.3

68.8

SHOPLIFTING

1,572

4.1

72.9

FRAUD – IMPERSONATION

1,427

3.7

76.6

RECEIVE STOLEN PROPERTY

1,427

3.7

80.3

STOLEN VEHICLE [80]

1,017

2.6

82.9

Non-Violent Immigration Offenses

There were four offenses categorized as non-violent immigration offenses. All 170,536 people deported for a non-violent immigration offense were deported for one of these four offenses.

Offense

Frequency

Percent

Cumulative Percent

ILLEGAL ENTRY

121,099

71.0

71.0

IMMIGRATION [81]

27,727

16.3

87.3

FALSE CITIZENSHIP

15,232

8.9

96.2

SMUGGLING ALIENS

6,478

3.8

100.0

 

[75] See footnote 65, above, defining "Cruelty toward Wife."

[76] "Sex offense" is categorized as an offense with the potential to cause harm because it is a general code in the NCIC which could be used to categorize potentially violent offenses such as "incest with a minor," but it also covers offenses that are not necessarily violent, such as "homosexual sex." According to the NCIC, crimes coded as "sex offense" should have a further code describing the offense.

[77] See footnote 67, above, defining "Cruelty toward Child."

[78] See footnote 68, above, defining "Family Offense."

[79] See footnote 64, above, defining "Dangerous Drugs."

[80] The offense code of "stolen vehicle" includes several types of offenses related to stolen vehicles, including "receiving stolen vehicle," "stripping stolen vehicle," "possessing stolen vehicle," "interstate transport of a stolen vehicle," and "unauthorized use of vehicle (including joyriding)." See Federal Bureau of Investigation, Criminal Justice Information Services Division, "NCIC 2000 Code Manual."

[81] See footnote 63, above, defining "Immigration."