California Leads Nation in Ignoring ICE Detainers for Migrants Arrested on Criminal Charges
California declined more federal requests to detain illegal immigrants arrested for criminal offenses than any other state, according to data from the Center for Immigration Studies (CIS).
Of the 22,283 Immigration and Customs Enforcement (ICE) detainers declined nationwide between fiscal year 2023 and February 6, 2025, more than 13,000 came from California.
Detainers are formal requests asking local law enforcement to hold an illegal immigrant in custody until ICE can assume control or be notified before the individual’s release.
Illinois had the second-highest number of declined detainers at 2,946, followed by Virginia with 1,601.
Although California’s large population contributes to it being the top state for declining detainer requests, its sanctuary policies play a major role in the high number of refusals. The state enforces some of the strictest laws in the country limiting cooperation between local authorities and federal immigration agencies. Of the top 30 jails in the US that declined ICE detainers or failed to notify the agency, 18 are in California, a report by the Daily Caller highlighted.
In 2017, former Governor Jerry Brown signed the California Values Act into law, limiting how state and local agencies can work with ICE. Since then, cities like Los Angeles have passed even tighter ordinances, particularly after President Donald Trump was re-elected. San Diego’s Board of Supervisors recently voted to eliminate statewide exceptions to sanctuary rules, including for crimes like rape, child abuse, and gang violence.
Despite signing the law, Brown has criticized how far some jurisdictions have taken the policy.
“The bill that I signed had a number of exceptions,” Brown said in December. “There were people who were convicted of violent crimes, or even serious crimes who were not getting any benefit of any so-called sanctuary.”
“Subsequent legislation has taken it broader, and some of the cities, like San Francisco, have gone way, way beyond in their effort to create a wall, almost a separation of state and federal government,” he added. “I think that is going to prove difficult.”
