Four times as many illegals in NY prisons than their share of population

The effects of illegal immigration on social programs span beyond food subsidies and healthcare to burdening America’s jails and prisons.

Published: December 12, 2025 10:59pm

New data shows that in the state of New York, a self-designated sanctuary state, illegal immigrants make up only 3.38% to 4.15% of the state’s population. Yet, when compared to the number of illegals who are incarcerated, they are overrepresented in prison and jail populations by a factor of roughly 3 to 4 times.

Furthermore, the Empire State has, according to the Department of Homeland Security, released 6,947 illegal immigrants since January 20 of this year, while still holding roughly 7,100 such individuals in its prisons and jails. These incarcerated illegal aliens account for approximately 14% of the total prison population of approximately 50,803, despite comprising only 3.20% to 3.38% of the state's overall population of about 19.99 million.

DHS: "The worst of the worst" 

This results in an overrepresentation factor quadruple their demographic share. The state also has an attitude of reluctance toward sharing immigration status and therefore, these estimates are conservative. 

The released 6,947 illegal immigrants were convicted of severe offenses, including 29 homicides, 2,509 assaults, 199 burglaries, 305 robberies, 392 dangerous drug offenses, 300 weapons offenses, and 207 sexual predatory crimes. 

Meanwhile, the current inmates with active ICE detainers include 148 convicted of homicide, 717 for assaults, 134 for burglaries, 106 for robberies, 235 for dangerous drugs, 152 for weapons offenses, and 260 for sexual predatory acts. 

U.S. Department of Homeland Security Assistant Secretary Tricia McLaughlin has characterized these individuals as encompassing "hundreds of murderers, hundreds of sexual predators, drug traffickers, the worst of the worst."

NY refuses to honor lawful ICE detainers

Enforcement challenges, such as New York's policy of not honoring ICE detainers and underreporting of immigration status, likely mean the actual numbers of criminal aliens are even higher. About half of ICE's highlighted arrests in 2025 involved individuals already incarcerated at the time of arrest, and in New York City alone, ICE made 460 such arrests from mid-May to July, often coinciding with court hearings. Even if the illegal immigrant population estimates in the state are doubled or tripled, the overrepresentation in the criminal justice system would persist.

The annual cost to incarcerate these 7,113 to 7,169 illegal aliens exceeds $1 billion, with state prison costs at $115,000 per inmate, county jails at $82,000, and New York City jails reaching $556,000 per inmate. Conservative calculations place the total between $583 million and $824 million excluding full NYC costs, but including adjusted averages could push it to $2.29 billion or higher. 

As a sanctuary city since 1989, New York City has implemented policies limiting local cooperation with federal immigration enforcement. Criminal justice reforms, including 2019 bail changes and 2020 discovery mandates, have led to widespread downgrading of felonies to misdemeanors—rising from 39% in 2019 to 54% in Manhattan by 2023, drawing substantial criticism for potentially softening accountability.

A brief reprieve from crime

Crime eased during the tenures of NYC Mayors Rudy Giuliani and Michael Bloomberg, but returned under Bill de Blasio. In recent years, several high-profile instances have reoriented the spotlight back on the Big Apple, including the killing of Jordan Neely, who was threatening other subway patrons and died as a result of neck compression. Daniel Penny, a U.S. Marine Corps veteran, was charged in the killing but was acquitted in December 2024. 

Also in December of last year, Luigi Nicholas Mangione, 26, was charged with the murder of UnitedHealthcare executive Brian Thompson in Midtown Manhattan. Prosecutors said "Mangione traveled to New York to stalk and shoot Thompson in broad daylight in front of a Manhattan hotel, all in a grossly misguided attempt to broadcast Mangione’s views across the country. But this wasn’t a debate, it was murder." Mangione is contesting the charges.

NYC subway crime has surged in recent years, sending affluent Manhattanites out of the subways and instead, opting for other forms of transportation.  

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