The effort by some advocates to delay the deportation of undocumented immigrants charged with crimes imposes significant financial burdens on taxpayers, according to a recent analysis. The argument centers on whether individuals should be classified as "criminals" for immediate deportation, with critics contending that such delays create substantial costs.
A case highlighted from Loudoun County, Virginia, involved Isaac Melendez-Carranza, who was arrested for allegedly distributing fentanyl to two high school students. Emergency medical intervention with Narcan was required to save the students' lives. Melendez-Carranza had previously been ordered deported in July 2024, but federal immigration authorities encountered him a month later and allowed him to remain in the country.
Opponents of swift deportation argue that individuals should not be deported based solely on arrests or pending charges, adhering to the principle of being innocent until proven guilty. However, proponents of expedited deportation counter that these individuals have already violated U.S. immigration laws, irrespective of their criminal charges.
The Department of Homeland Security estimates that 70% of undocumented immigrants have been convicted or charged with a crime beyond immigration violations. Conversely, organizations like the Cato Institute and the Brennan Center suggest that only about 35% of undocumented immigrants should be classified as criminals, focusing on criminal convictions within the U.S. These figures often exclude criminal histories from immigrants' home countries, a point noted by DHS officials who state that many individuals without U.S. criminal records may still have histories as terrorists, human rights abusers, or gang members.
The cost associated with prosecuting and incarcerating undocumented immigrants can be substantial. Even with a plea bargain for a felony drug distribution charge, prosecution costs in Virginia can range from $50,000 to $100,000. If a case proceeds to a full trial, the combined trial and jail costs could exceed $150,000. Should conviction lead to a significant prison sentence, particularly in states like Virginia where sentences may be served domestically rather than leading to immediate deportation, the total cost to taxpayers could reach $600,000 or more per individual.
For more severe charges, the expenses escalate. Prosecuting and incarcerating an individual for rape could cost taxpayers $1.8 million or more, while a murder conviction could exceed $3 million. The analysis suggests that if all undocumented immigrants deported during the second Trump administration had been prosecuted for at least a drug offense before deportation, the minimum cost could have reached $37.2 billion, and potentially over $148.8 billion if costs per case were higher.