ICE’s Christmas Gift to Americans: The Arrests of Worst of Worst Criminal Illegal Aliens Including Members of a Theft Gang, Bank Robbers, and Kidnappers

Under U.S. law, the pieces of the phrase break down like this:

• “Alien” is a legal term in the Immigration and Nationality Act meaning any person who is not a U.S. citizen or national.
• “Illegal” (or “undocumented/removable”) generally means a non‑citizen who is not lawfully present or has violated immigration rules so that they can be removed (deported). Different statutes define specific categories (e.g., someone who entered without inspection, overstayed a visa, or became deportable after a crime).
• “Criminal alien” is not a term defined in the statute; it is ICE’s program and communications label for non‑citizens who have criminal charges or convictions and are also removable under immigration law. ICE’s Criminal Alien Program and DHS press releases use “criminal illegal aliens” for people with U.S. criminal records whom ICE seeks to arrest and deport.

In practice, ICE and DHS call someone a “criminal illegal alien” when:

1. Databases show the person is not a U.S. citizen and is removable (e.g., prior removal order, unlawful entry, or status violation); and
2. They have a criminal record or charges, often identified through ICE’s Criminal Alien Program and other enforcement operations.

There is no single statute that uses the exact phrase “criminal illegal alien”; it is agency jargon built on the statutory concepts of “alien,” “unlawful presence,” and “deportable” or “removable” noncitizen.

“Worst of the Worst” is not a formal legal classification; it is a Department of Homeland Security (DHS)/ICE branding term used in press releases and on the website WOW.DHS.GOV.

According to DHS, the “Worst of the Worst” webpage is a searchable site that aggregates information about “criminal illegal aliens” arrested and removed by DHS since the start of the Trump administration, highlighting people with serious or high‑profile criminal histories (homicide, rape, child abuse, armed robbery, etc.).

DHS has not published any binding legal criteria or process for how individuals are placed on this “Worst of the Worst” list. Selection appears to be an internal communications choice, based on the seriousness and publicity value of the underlying criminal offenses, rather than a status created by statute or regulation.

U.S. Immigration and Customs Enforcement (ICE) is a federal law‑enforcement agency within the Department of Homeland Security (DHS).

Main parts and responsibilities:

• Enforcement and Removal Operations (ERO) – locates, arrests, detains, and removes (deports) non‑citizens who violate civil immigration laws, prioritizing people ICE says threaten public safety or national security.
• Homeland Security Investigations (HSI) – conducts criminal investigations into issues such as human trafficking, drug smuggling, financial crimes, cybercrime, and transnational gangs.

Typical powers:

• Arrest and detain non‑citizens believed to be removable under immigration law, usually using administrative (not judicial) warrants under 8 U.S.C. §1226 and related authorities.
• Hold people in immigration detention while their removal (deportation) cases proceed or while executing a final removal order, under 8 U.S.C. §§1226 and 1231.
• Execute removal orders by arranging and carrying out deportations.
• Investigate federal crimes within its jurisdiction, often jointly with other federal, state, and local agencies.

ICE operates mainly inside the U.S. interior; Customs and Border Protection (CBP) handles most arrests at or near the border.

The South American Theft Group (SATG) is a label U.S. law‑enforcement agencies use for loosely organized, transnational burglary and theft crews whose members are mainly from South American countries (often Chile or Colombia) and operate across multiple U.S. states.

According to the FBI:

• SATGs consist of foreign nationals who often enter the U.S. illegally or overstay visas and then commit crimes, especially residential and commercial burglaries and related thefts.
• They use fake IDs, rental cars, burner phones, and encrypted messaging, scout high‑end homes and businesses, and target jewelry and luxury goods. Stolen property is fenced in the U.S. or profits are wired overseas, helping to sustain the criminal activity.
• The FBI treats SATGs as a complex, multi‑state, and international organized‑crime threat and runs coordinated investigations through field offices and legal attachés in South America, sharing intelligence with other U.S. and foreign law‑enforcement agencies.

Local and federal cases in several states describe “South American theft groups” or “South American burglary rings” in similar terms, reinforcing that this is an ongoing, coordinated pattern of organized theft, not just isolated incidents.

Penalties vary by state and case, but the cited charges generally involve serious felonies:

1. Aggravated kidnapping (Utah)

• Defined in Utah Code §76‑5‑302 as kidnapping or unlawful detention with aggravating factors (such as using a weapon, causing serious bodily injury, committing a sexual offense, holding the victim for ransom, or targeting a child).
• Usually a first‑degree felony; in some circumstances it carries mandatory minimum prison terms and can be punishable by life imprisonment, sometimes without parole.

2. Aggravated assault (Utah), 3rd‑degree felony

• Under Utah Code §76‑5‑103, aggravated assault is an assault that uses a dangerous weapon or other force likely to cause death or serious bodily injury.
• As a third‑degree felony, it typically carries up to 5 years in state prison and fines up to $5,000, though it can be enhanced to a second‑degree felony with more severe injury.

3. Assault of a family/household member after a prior conviction (Texas)

• Texas Penal Code §22.01(b)(2)(A) makes assault causing bodily injury to a family or household member a third‑degree felony if the defendant has a prior family‑violence assault conviction.
• A third‑degree felony in Texas is punishable by 2 to 10 years in prison and a fine up to $10,000.

Actual sentences depend on details of the offense, criminal history, plea deals, and judicial discretion.

After ICE makes arrests like those in the article, several legal tracks can follow, often at the same time:

1. Criminal prosecution (if new or pending charges exist)

• If the person is wanted for a crime or violated supervised release, they may be transferred to state or federal criminal custody for trial or sentencing. Prosecutors (local, state, or federal) decide whether to bring or pursue charges.

2. Immigration detention and removal proceedings

• ICE can keep the person in immigration detention under 8 U.S.C. §1226 (before a final order) or §1231 (after a final removal order).
• ICE initially sets custody conditions (including bond) in a “Notice of Custody Determination.” The detainee can usually ask an immigration judge to review bond, unless they are subject to “mandatory detention” for certain crimes.
• Removal (deportation) cases are heard by immigration judges in the Department of Justice’s Executive Office for Immigration Review. Judges decide whether the person is removable and whether they qualify for any relief (asylum, cancellation of removal, etc.).

3. Execution of a removal order

• If there is already a final removal order, or the judge orders removal and appeals end, ICE’s ERO division arranges deportation (e.g., flights or transfers to another country).

Decision‑makers:

• Prosecutors and criminal courts decide on criminal charges and sentences.
• ICE officers decide initial immigration custody and whether to pursue removal.
• Immigration judges (and on appeal, the Board of Immigration Appeals/federal courts) decide removability and relief.
• ICE ERO ultimately decides timing and logistics of deportation once removal is legally authorized.

Tricia McLaughlin is an Assistant Secretary for Public Affairs at the U.S. Department of Homeland Security (DHS). She is not the operational head of ICE; rather, she is a senior political appointee responsible for DHS‑wide communications.

Role and authority:

• Leads DHS’s Office of Public Affairs, which manages messaging, press releases, media relations, and public campaigns for DHS components, including ICE and CBP.
• Acts as a chief spokesperson, giving interviews and issuing statements (like the one quoted in the article) framing enforcement actions and policy.
• Does not personally make case‑by‑case arrest, detention, or deportation decisions; those are handled by ICE’s operational leadership (e.g., the ICE Director, ERO and HSI executives) under statutory authority.

Public sources (NPR, C‑SPAN, and DHS communications) consistently describe her as DHS’s Assistant Secretary for Public Affairs, emphasizing a communications and policy‑messaging role rather than law‑enforcement command authority.