The Department of Homeland Security announced that it is escalating action against California, Illinois, and New York for failing to cooperate with U.S. Immigration and Customs Enforcement detainers on criminal illegal aliens.
On September 10, Acting ICE Director Todd Lyons instructed officials in those states to confirm within two days whether they would honor thousands of detainers—requests for local jails or prisons to notify ICE before releasing criminal aliens. The goal, ICE said, is to allow safe custody transfers and prevent offenders from returning to American communities.
According to DHS, Illinois and New York explicitly refused to honor the requests, while California did not respond. ICE said it then sent follow-up letters reminding the states that while cooperation is preferred, the agency will work with the Department of Justice and other federal partners to pursue “all appropriate measures” to end the obstruction of federal law enforcement. DHS added that the Illinois Attorney General’s Office refused to accept ICE’s letter.
“These dangerous sanctuary policies, often combined with cashless bail for serious crimes, allow criminal illegal aliens to be released back into American communities — threatening the American people’s lives and wellbeing,” said Assistant Secretary Tricia McLaughlin. “ICE detainers ask for something straightforward: to notify ICE when criminal illegal aliens are released from jail or prison, to ensure that they go into ICE custody before they are released back onto our streets. These sanctuary state politicians should do the right thing and side with law-abiding Americans over criminal illegal aliens.”
Federal officials said failure to honor detainers has resulted in the release of illegal aliens convicted of crimes including rape, sexual assault, and child abuse. DHS said these sanctuary policies not only endanger residents of the three states but also create risks for communities nationwide.
The department reported that despite resistance, ICE has made more than 400,000 arrests nationwide under the Trump administration, with 70% of those arrested having prior criminal charges or convictions.
As an example, DHS highlighted the case of Minh Le Hoang, a criminal illegal alien from Vietnam charged with crimes including failure to register as a sexual offender, driving with a suspended license, and hit-and-run, who was released under sanctuary policies.
DHS said it will continue to prioritize “the worst of the worst” while pressing states to cooperate with ICE enforcement efforts.
