State Releases 24,000 Illegals Day After Midterms

Group of people walking along a road carrying bags — Photo: BalkansCat / Shutterstock

DHS says California freed nearly 24,000 inmates flagged by federal detainers, tied to over 81,000 criminal charges or convictions, and then dared Washington to complain.

Story Snapshot

Department of Homeland Security (DHS) reports nearly 24,000 releases tied to non-honored detainers since January 20, 2025.
DHS links those releases to more than 81,000 charges or convictions, including homicide and sexual assault counts.
California law treats detainers as requests and limits cooperation without a warrant or qualifying offenses.
Federal courts and state guidance warn that local jails risk liability if they hold people on detainers alone.

DHS Puts a Number on California’s Noncompliance

DHS stated that California agencies declined federal immigration detainers nearly 24,000 times since January 20, 2025. The department tied those releases to more than 81,000 criminal charges or convictions, including 169 homicides and 147 sexual assaults. The claim lands hard because it pairs a count with offense types that draw strong public concern. The agency also asserts a direct link: when jails refuse detainers, people leave custody before federal pickup can occur.

ICE maintains detention capacity in the state, including the California City Detention Facility. That presence supports DHS’s position that federal custody was available to accept transfers when local jails declined to honor holds. The department’s framing is clear: detainers are a safety handoff. If local officials do not cooperate, people with serious records reenter communities. That is a blunt message aimed at voters who expect jail-to-ICE transfers for violent and repeat offenders.

Why California Says “No” Without a Judge’s Say-So

California’s Attorney General explains that state laws set strict rules for cooperation. The TRUST Act permits compliance with a detainer only when continued detention is lawful and the person meets listed conviction or criminal-history criteria. The TRUTH Act requires that any ICE interview be voluntary, explained in writing, and allowed only with consent or a lawyer. A state page also says jails should not honor detainers without a judicial warrant. These rules place due process and liability ahead of blanket holds.

California lawmakers argued that broad immigration holds hurt community policing. Legislative findings say crime victims and witnesses may stay silent if any police contact can trigger deportation. A University of California, Irvine study reported no statewide increase in danger after the sanctuary law, and noted exceptions that still allow transfers for serious crimes such as assault, rape, robbery, murder, and gang offenses. That research does not settle this new DHS claim, but it shapes how many Californians judge risk and trust.

The Legal Rub: Detainers Are Requests, Not Commands

Federal courts have underscored that immigration detainers do not force local agencies to detain. In Galarza v. Szalczyk, the Third Circuit held that detainers are requests, and that local jails can face Fourth Amendment liability if they hold someone without proper legal authority. California’s own law enforcement bulletin echoed that reading in plain terms: detainers are voluntary, not mandatory. That doctrine explains why sheriffs and city jails hesitate without a warrant or qualifying conviction.

California Democrats Released 24,000 Criminal Illegal Immigrants With ICE Detainers, DHS Says #DemocratsLOVEIllegalAliens
https://t.co/pQJPTt4kr2

— Derek (@derekdob) November 4, 2026

Several California federal cases show that even federal custody draws legal scrutiny over how long and why someone is held. Those cases do not disprove DHS’s numbers. They do warn that detention choices face court review. A prudent takeaway aligns with conservative values and common sense: follow the law, use warrants when you can, and keep violent offenders off the street. That means tightening the handoff, not ignoring limits that courts have already set.

What Would Fix the Hand-Off and Calm the Fight

DHS should publish the record-level data behind the 24,000 claim. List detainer dates, issuing offices, local jails, release dates, charges, and conviction status. Independent auditors could then test how many releases flowed from detainer refusals versus timing, mistaken identity, or normal discharge. ICE and counties should expand judge-backed warrants for priority offenders. Courts have already shown that a warrant clears legal risk for local jails and makes the handoff durable.

Counties should also use the sanctuary law’s serious-offense exceptions more consistently, and document every qualifying transfer. That would answer residents who assume violent offenders skate. The federal side should surge agents at known release windows and stage transport at major jails, including California City, so pickup happens before the gate opens. The goal is simple: lose no one dangerous to a paperwork gap. Publish the scorecard, close the gaps, and stop shouting past each other.