On September 21, 2025, the Department of Homeland Security (DHS) of the United States issued a warning that California, New York, and Illinois have put public safety at risk by refusing to transfer released illegal immigrants with criminal records to the Immigration and Customs Enforcement (ICE) agency. This refusal has resulted in thousands of foreign individuals with extensive criminal histories returning to communities. The DHS has requested the intervention of the Department of Justice to compel these states to comply with federal deportation regulations.
Assistant Secretary of Homeland Security Tricia McLaughlin stated that on September 19, she sent letters to the Attorneys General of these three sanctuary states, urging them to abide by federal immigration laws and enforce ICE detainers.
These detainers require states to notify ICE when illegal immigrants with criminal records are about to be released from prisons or detention facilities, or to hand them over directly to ICE for detention or deportation.
McLaughlin highlighted that California, New York, and Illinois’ failure to comply with the detainers has resulted in numerous illegal immigrants who are murderers, rapists, and pedophiles returning to communities.
She pointed out that the sanctuary policies implemented by these states not only fail to cooperate with federal immigration enforcement but also often adopt a “cashless bail” system for serious criminal cases. This bail system allows suspects to be released before trial or the start of their sentence without posting bail, posing a threat to the lives and well-being of the public.
The “cashless bail” provision permits suspects to be temporarily released before trial without posting bail, typically requiring only a signed commitment or compliance with specific conditions (such as regular check-ins or wearing electronic monitoring devices). This system was designed to prevent individuals with poor financial means from being unnecessarily detained.
McLaughlin emphasized, “The ICE detainer requirements are very simple: notify ICE when criminal illegal immigrants are being released from jails or detention facilities to ensure they are handed over to ICE before being back on the streets. The politicians in these sanctuary states should do the right thing, support law-abiding Americans, not criminal illegal immigrants.”
As of September 20, New York and Illinois have responded by refusing to comply with the detainers, while California has not yet provided a response.
ICE has stated that it will collaborate with federal agencies like the Department of Justice and take all necessary measures to prevent states from obstructing the detention and deportation of criminal illegal immigrants.
Up to September 20, ICE has arrested over 400,000 illegal immigrants, with approximately 70% of them facing criminal charges or convictions.