Almost 24,000 illegal immigrants with criminal convictions or charges have been released into communities since Jan. 20, 2025, because of California’s refusal to honor Immigration and Customs Enforcement (ICE) detainers, the Department of Homeland Security (DHS) said.
“There are more than 81,000 criminal charges or convictions associated with these non-honored detainers,” DHS said in a Nov. 2 statement.
This includes 3,295 burglaries, 1,097 assaults, 1,088 drug trafficking charges, 169 homicides, and 147 sexual assaults.
An ICE detainer asks a law enforcement agency to notify ICE before releasing a removable illegal immigrant from any prison or confinement facility, or to hold an illegal immigrant up to 48 hours past his scheduled release so DHS has time to take custody of the individual.
ICE typically issues such detainers in instances in which an illegal immigrant has been convicted of crimes by a court or if he poses a public or national security threat.
Some of the ICE detainers in California include a Salvadoran national who has been convicted of cruelty to a child and murder, a Cuban convicted of second-degree murder, an Armenian convicted of voluntary manslaughter, and a Libyan convicted of assault with a firearm on a person.
ICE had filed detainers for these individuals in 2025 or 2026. However, DHS said these detainers were not honored, and the individuals were released from jail.
“Sanctuary politicians have not only refused to cooperate with federal law enforcement to target and arrest the worst of the worst—but they’ve released nearly 24,000 criminal illegal aliens onto the streets of California to terrorize innocent Americans,” DHS Secretary Markwayne Mullin said in the statement.
In California, state and local resources must not assist immigration enforcement activities unless they’re lawfully required to do so, according to guidance issued by California Attorney General Rob Bonta in July.
The guidance asks agencies to limit the collection, retention, and disclosure of information that could help identify or apprehend people without lawful immigration status.
“Where there is no legal obligation to comply with a request from immigration authorities, agencies should require appropriate legal process—such as a judicial warrant, judicial subpoena, or court order—before complying,” the guidance said.
California Gov. Gavin Newsom justified his state’s sanctuary policies in a January podcast with conservative commentator Ben Shapiro. Newsom said that California does cooperate with federal immigration under certain circumstances, claiming that the state has coordinated more than 10,000 prisoner transfers. Newsom said he disagreed with calls from some Democrats to abolish ICE.
“California has cooperated with more ICE transfers probably than any other state in the country. And I vetoed multiple pieces of legislation that have come from my legislature to stop the ability for the state of California to do that,” Newsom said.
In June, an illegal immigrant from El Salvador was charged with murdering a veteran in Utah. ICE had previously lodged detainers for this illegal immigrant twice in California. But on both occasions, the state refused to honor the requests and released the individual, DHS said in a July 20 statement.
In addition to California, DHS has criticized New York state for allegedly failing to comply with ICE detainers.
In an Oct. 9 statement, the department said New York did not honor 14,916 immigration detainers issued by ICE between Jan. 20, 2025, and Sept. 14, 2026. These detainers were associated with 47,750 criminal charges and convictions.
“Sanctuary politicians create an environment for criminal activity to thrive, not for American citizens to be safe. President Trump made it clear that he would restore law and order in our cities and in our states,” Mullin said in the statement. “When you have sanctuary cities and politicians, you endanger the safety of the public.”
