During a recent interview on Independence Institute’s* public affairs tv show “Devil’s Advocate with Jon Caldara,” former Immigration and Customs Enforcement (ICE) field office director John Fabbricatore says 1.7 million illegal immigrants have been through their due legal proceedings and can be deported upon apprehension. Beyond that, he continued, there are another 400,000 who are convicted felons, thus eligible for immediate deportation. Here is an edited transcript of the exchange:
Fabbricatore: You don’t say we’re going after this person who’s done nothing. We don’t really have the jail space to do that. There’s very limited detention space right now. There’s about 37,000 beds nationwide. There’s really not enough beds to be able to put all the criminal aliens that we actually have.
Caldara: So, there’s less than 40,000 beds, and we want to deport like 11 million immigrants that have flooded in over the last four years. I see a little bit of a math issue.
Fabbricatore: Under Trump there was 52,000 beds. Those got cut down under the Biden administration, and President Trump wants to bump those numbers up, maybe to 70,000. So if you had 70,000 beds, and you had a pretty good process, especially when you’re dealing with the “final order” illegal aliens, because they’ve already seen an immigration judge, their deportation process would be faster because they don’t have to go through the court system, which is going to take a long time and keep them in that bed.
So, if you go after criminal aliens, especially those who committed felonies, they don’t get to see an immigration judge. And if you’re going after those who have already seen an immigration judge and have been adjudicated to be removed, that’s a faster process.
Caldara: How many of them are there? Would you just guess?
Fabbricatore: There’s 1.7 million that have been adjudicated by an immigration judge that are on the non-detained docket right now. There are also about 600,000 cases on the non-detained docket that we know of that are convicted of crimes or been charged with crimes that are removable.
Caldara: Let me see if I got this right, 1.7 million who need to go, who have had all the due process that any illegal immigrant advocate could ask for, and it’s time for them to leave. 1.7 million?
Fabbricatore: Yes. 1.7 million.
Caldara:Now, the 600,000 that have been convicted or charged with serious crimes, there’s a real difference there for me, what how many are convicted versus how many charged?
Fabbricatore: About 400,000 have convictions, 200,000 still have charges on them. But remember, there’s always an underlying charge with immigration. You entered the country illegally, you can be removed for that. The other crimes that are on top of that could also make you removable for a longer period of time. So, if you’ve never been convicted of a crime, and you come into the US illegally, it’s about a five-year bar when you start to add criminal convictions on to the top of that. That bar goes out a lot further – 20 years to never, you can never come back.
So, you know, when we look at that, we want to target those criminal aliens first, because that’s protecting the community the best. But if we come across people who are here illegally, that entered the country illegally while we’re making that arrest of a criminal alien, we may arrest them as well.
Caldara: Wow. It just blows my mind that 2.1 million are ready to be deported now, without any more paperwork, without anything. And they’re still here.
You can view the entire interview below, or watch it here.

