ICE Calls on California to Hand Over Undocumented Immigrants Accused of Violent Crimes

Over 33,000 undocumented immigrants with active detainers, including those accused of murder, assault, and sex offenses, remain in California jails

Published on Feb. 9, 2026

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U.S. Immigration and Customs Enforcement (ICE) is calling on California Governor Gavin Newsom to not release undocumented immigrants with active detainers, including those accused of violent crimes such as murder, assault, and sex offenses. According to ICE, there are currently over 33,000 undocumented immigrants in California jails with active detainers, with their alleged crimes including 399 homicides, 3,313 assaults, 1,011 robberies, and 1,293 sexual predatory offenses.

Why it matters

This issue highlights the ongoing tensions between federal immigration enforcement and state/local sanctuary policies. While California prisons do cooperate with ICE in removing criminals, the state's sanctuary laws sharply restrict cooperation between county jails and federal agents, allowing some undocumented immigrants accused of violent crimes to be released back into communities.

The details

ICE Acting Director Todd Lyons has requested that Governor Newsom not release the undocumented immigrants with active detainers, citing public safety concerns. However, California's sanctuary state laws generally require a judicial warrant or conviction for specific crimes before local law enforcement can comply with ICE detainers. As a result, undocumented immigrants are sometimes released from county jails and then picked up by ICE agents in local communities.

  • On Feb. 6, 2026, ICE Acting Director Todd Lyons made the request to Governor Newsom.
  • Over the past year, ICE picked up more than 88% of state prison inmates it had issued detainers for.

The players

Todd Lyons

The Acting Director of U.S. Immigration and Customs Enforcement (ICE).

Gavin Newsom

The Governor of California.

Tricia McLaughlin

The Assistant Secretary at the U.S. Department of Homeland Security.

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What they’re saying

“Governor Newsom and his fellow California sanctuary politicians are releasing murderers, pedophiles, and drug traffickers back into our neighborhoods and putting American lives at risk.”

— Tricia McLaughlin, Assistant Secretary, U.S. Department of Homeland Security

“California cooperates with ICE when it comes to removing criminals — like sick rapists and murderers — in our state prisons.”

— Gavin Newsom, Governor of California (X)

What’s next

It remains to be seen whether Governor Newsom will agree to ICE's request to hand over undocumented immigrants with active detainers, or if the state will continue to uphold its sanctuary policies.

The takeaway

This issue highlights the ongoing clash between federal immigration enforcement and state/local sanctuary policies, with public safety concerns on one side and immigrant rights on the other. The outcome could have significant implications for how undocumented immigrants accused of violent crimes are handled in California.