Washington — The Department of Homeland Security has escalated its clash with so-called sanctuary states this week, warning California, New York, and Illinois in letters obtained by CBS News that refusal to honor immigration detainers could trigger federal legal action.
In letters dated Sept. 10, Acting U.S. Immigration and Customs Enforcement Director Todd Lyons ordered the attorneys general of the three states to declare within two days whether they would comply with “thousands of ICE detainers” lodged against individuals in state custody, according to DHS. Immigration detainers are formal requests by ICE asking local jails and prisons to notify the agency before releasing an individual, and to hold them briefly so federal agents can take undocumented migrants into federal custody.
According to DHS, Illinois and New York formally declined to cooperate. California did not respond. On Sept. 18, Lyons sent follow-up letters obtained by CBS News accusing each state of obstructing immigration enforcement and vowing to enlist the Department of Justice in response. Senior DHS officials tell CBS News the department will tap the DOJ to sue states, blocking future federal funding.
In his follow-up letter to Illinois Attorney General Kwame Raoul, Lyons wrote that the state’s refusal “will result in thousands of criminal aliens being released into Illinois communities,” adding that “ICE will engage with the U.S. Department of Justice and other federal partners to pursue all appropriate measures against you.”
Lyons wrote in his letter to California Attorney General Rob Bonta, “I take this lack of response to mean that you will continue refusing to honor ICE detainers, resulting in thousands of criminal aliens being released into California communities.”
New York Attorney General Letitia James received a similar warning after two aides to Gov. Kathy Hochul confirmed the state would not expand cooperation, according to DHS.
CBS News has reached out to all three attorney general’s offices for comment.
In a statement to CBS News, Assistant Secretary of Homeland Security Tricia McLaughlin wrote, “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.”
A DHS spokesperson tells CBS News that the agency has arrested roughly 400,000 undocumented immigrants since the start of the Trump administration, and 70% of those arrested by ICE have criminal charges or convictions.
Among those released by state authorities include undocumented migrants charged with sex crimes on minors, multiple assaults on police officers with a dangerous weapon, indecent assault and battery, as well as those with drug trafficking and weapons charges, a DHS spokesperson said.
Federal regulation dictates that immigration detainers instruct local jails and prisons to hold someone for up to 48 hours after their scheduled release so ICE can take custody. Historically, federal courts have ruled that these detainers are requests, with some local and state authorities outlawing compliance. Some courts have also found that holding people without a judge’s warrant can raise constitutional challenges, citing the Fourth Amendment’s protections against unlawful detention.
California, New York, and Illinois have each passed laws limiting compliance with ICE detainers.
California law bars local police from honoring detainers, except for individuals convicted of select serious crimes, while New York law restricts cooperation, requiring judicial warrants rather than administrative detainers to detain undocumented migrants. The New York attorney general’s office advises local police departments not to honor ICE detainers unless they are accompanied by warrants issued by judges. Illinois’ TRUST Act also prohibits state and local law enforcement from detaining individuals without a judicial warrant.
Supporters of city- and state-level “sanctuary” laws typically argue the policies lead to greater trust between local police and residents whose immigration status may make them reluctant to cooperate with law enforcement or report crimes.
But the Trump administration argues “sanctuary” policies make it harder for ICE to apprehend undocumented migrants, prompting the federal agency to send more law enforcement agents into American communities to conduct arrests on the streets. Those operations have drawn protests in major cities like New York City, Chicago and Los Angeles in recent months, leading to some clashes with ICE and several arrests.
In recent months, the Justice Department and other agencies have sought to cut off grants to cities and states that limit their cooperation with federal immigration authorities, drawing lawsuits.
In his warnings to state attorneys general, Lyons underscored that ICE prefers cooperation but will not allow what he calls “inadvisable and irresponsible obstruction” to continue, though he fell short of specifying exactly how the Justice Department will pursue lawsuits or other federal action in the coming weeks.
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