California’s failure to honor ICE deportation “detainer” requests has led to 4,561 migrants with criminal records being released back into communities since President Trump took office, the Department of Homeland Security said Friday as it begged the state to cooperate in turning people over.
DHS said in addition to those already released, California is holding more than 33,000 migrants for whom U.S. Immigration and Customs Enforcement has placed a detainer request.
Federal officials asked Gov. Gavin Newsom and Attorney General Rob Bonta to work with ICE on those cases.
“It is common sense. Criminal illegal aliens should not be released from jails back onto our streets to terrorize more innocent Americans,” said DHS Assistant Secretary Tricia McLaughlin.
Detainers are requests from ICE to state or local authorities to notify and, in the best of cases, to hold a deportable migrant for pickup when they are being released from custody.
Sanctuary jurisdictions limit or, in some cases, outright prohibit cooperation with detainers.
DHS said the 33,000 migrants facing deportation detainer requests in California prisons and jails cover 399 homicides, 3,313 assaults, 8,380 “dangerous” drug offenses, 1,984 weapons offenses and 1,293 sexual predator cases.
Among the 4,561 migrants released in defiance of detainers since Jan. 20, 2025, were 31 homicide cases, 661 assaults, 1,489 dangerous drug cases, 379 weapons offenses and 234 sexual predator cases.
Mr. Newsom’s press office, on social media, said the numbers were an attempt to distract from a controversial social media post President Trump made, imposing the faces of former President Barack Obama and former first lady Michelle Obama on monkeys’ bodies.
The office pointed to data that showed California has honored 10,588 detainer requests since Mr. Newsom took office in 2019.
“California cooperates with ICE when it comes to REMOVING CRIMINALS — like sick rapists and murderers — in our state prisons,” the press office said.
DHS on Friday also released a letter acting ICE Director Todd Lyons sent to Mr. Bonta earlier in the week defending his agency’s use of administrative deportation warrants as a legal means of taking custody of deportable migrants.
Democrats have complained in recent weeks that ICE is going beyond the law in using administrative warrants, which are issued by the agency and do not require a judicial signature, to enter homes to arrest illegal immigrants who have been ordered deported.
But Mr. Lyons said the deportation warrants are only being used to go after people who have already had their day in immigration court and whose appeals have been exhausted. He said courts have said administrative warrants are sufficient in those instances.
He compared the cases to those of escaped convicts, who he said have no expectation of being free from a warrantless arrest.
“An alien subject to a final order of removal has a diminished reasonable expectation of privacy when federal officers arrive with a valid administrative warrant and reasonable cause to believe he or she is in a residence,” Mr. Lyons wrote.
The Washington Times has sought comment from Mr. Bonta’s office.
• Stephen Dinan can be reached at sdinan@washingtontimes.com.
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