ICE Director Lyons: Agency Tracking 1.6 Million Illegal Aliens With Final Removal Orders
In a significant disclosure regarding the scope of interior immigration enforcement, ICE Acting Director Todd Lyons testified that Immigration and Customs Enforcement (ICE) is currently tracking approximately 1.6 million illegal aliens with final orders of removal who remain in the United States. Speaking before the Senate Committee on Homeland Security and Governmental Affairs, Lyons provided new granularity to the agency’s “non-detained docket,” revealing that of those 1.6 million individuals, nearly 800,000 have criminal convictions.
The testimony, highlighted by Fox News reporter Bill Melugin, marks a pivotal moment in the ongoing scrutiny of the Department of Homeland Security’s (DHS) deportation capacity. Lyons confirmed that while these individuals have exhausted their legal appeals and have been ordered deported by a federal immigration judge, they have not yet been removed from the country. This “unexecuted removal order” population has long been a point of contention, but the admission that half of this specific tracked group has criminal records underscores a severe bottleneck in the enforcement system.
Deep Search & Context
The 1.6 million figure cited by Lyons is distinct from the broader “non-detained docket,” which has ballooned to over 7 million individuals in recent years. The majority of that larger group consists of asylum seekers awaiting court dates or those granted temporary parole. The 1.6 million specific cohort represents a higher-priority subset: those who have already received due process and have been legally ordered to leave. The revelation that 800,000 of these individuals have criminal convictions—ranging from minor offenses to serious felonies—challenges previous administrative narratives that enforcement was successfully prioritizing and removing public safety threats. Lyons noted that the agency uses various methods to track these individuals, though he admitted that “tracking” often implies monitoring via administrative records rather than active, real-time GPS surveillance for the entire population.
Objections & Challenges
Critics of the agency’s current posture argue that the sheer volume of unexecuted orders highlights a systemic failure in resource allocation rather than a lack of legal authority. Immigration advocates point out that the term “criminal convictions” can be broad, potentially conflating violent offenders with those convicted of non-violent immigration-related offenses, such as illegal re-entry. Furthermore, civil rights groups have raised objections regarding the feasibility and humanity of any “mass deportation” operation required to clear this backlog, citing the potential for family separation and the disruption of communities where these individuals may have lived for years. There are also significant logistical hurdles; ICE currently operates with limited detention capacity—roughly 41,500 beds funded by Congress—making the immediate detention and removal of 1.6 million people a physical and financial impossibility without a massive expansion of infrastructure.
Background
This testimony comes amidst a heated debate over “gotaways”—individuals who evaded Border Patrol detection entirely—and the transparency of DHS data. While the “gotaway” number is estimated to be over 1.6 million since 2021, Lyons’ testimony specifically addressed those known to the system with finalized legal outcomes. The backlog of unexecuted removal orders has persisted through multiple administrations, exacerbated by diplomatic challenges in repatriating citizens to recalcitrant nations, such as Venezuela and China, which often refuse to accept deportation flights. The Director’s comments suggest a shift toward more aggressive interior enforcement protocols, potentially signaling upcoming operations focused specifically on the 800,000 individuals with criminal records identified in the hearing.
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