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Undocumented immigrants arrested for state crimes in California face mounting risk of federal detention as immigration officials increase pressure on local law enforcement despite sanctuary state protections. Federal authorities have issued more immigration detainers to local jails since January while launching new operations to circumvent state restrictions on cooperation with Immigration and Customs Enforcement.
The escalation comes as President Donald Trump's administration pursues what officials describe as the largest deportation program in American history. Federal immigration officials view undocumented immigrants already in local custody as preferred targets over community raids, which can prove chaotic and unpredictable.
There has been a "significant increase" in the number of immigration detainers issued by federal officials to local jails since January, said Annie Lai, a law professor and director of the UC Irvine Law Immigrant Rights Clinic. Immigration detainers are federal requests asking local agencies to notify ICE when an undocumented immigrant will be released and to hold them for up to 48 hours for federal pickup.
California's sanctuary state law severely limits direct cooperation with ICE, rendering many detainers ineffective. Local law enforcement agencies across Southern California maintain they do not proactively check immigration status during arrests, viewing immigration enforcement as a federal responsibility rather than a local police matter.
The U.S. Attorney's Office recently announced "Operation Guardian Angel," designed to neutralize California's sanctuary provisions by using federal arrest warrants instead of immigration detainers. By seeking undocumented immigrants for alleged criminal offenses rather than immigration violations, federal officials attempt to bypass sanctuary law restrictions.
"We are unable to work with the jails, we are unable to work with local sheriffs and police officers, to screen people for their immigration status when they commit crimes and to focus on those people and have them removed," U.S. Attorney Bill Essayli said in a recent Fox News interview.
Gov. Gavin Newsom's office disputed these claims, stating federal law enforcement's ability to seek arrest warrants proves cooperation options exist. "The U.S. Attorney is either still learning about his new job — or worse, he's lying," the governor's press office wrote on social media.
Local policies vary across Southern California jurisdictions. Los Angeles County Sheriff Robert Luna maintains a blanket policy against honoring ICE requests or transferring individuals into federal custody. Orange County Sheriff Don Barnes takes a more selective approach, exercising discretion to honor detainers for "serious offenders" with histories of "homicide, attempted murder, child molestation, human trafficking," or other violent crimes.
Orange County Assistant Sheriff Nate Wilson said transfers occur only when local charges are resolved and federal officials arrive at the scheduled release time. "The only time we turn them over to the federal government is if they are physically going to be leaving our custody," Wilson said. "If ICE fails to show up, they will not be held."
Immigration status rarely surfaces in state criminal proceedings. Defendants typically receive warnings that convictions could lead to deportation, but immigration status generally does not influence bail decisions or trial evidence. Some studies suggest undocumented immigrants receive longer sentences and have less access to diversion programs, according to Lai.
The California Department of Corrections and Rehabilitation requires the identification of inmates subject to potential deportation within 90 days of prison entry. Before release, officials review files for warrants or immigration detainers, contacting ICE if no detainer exists for known undocumented immigrants. Prison officials notify ICE 10 to 15 days before release when detainers are present.
Those transferred to ICE custody after state charges face severe consequences. "That person goes to a federal detention center. Right now people are being transferred around the country, away from their family and attorneys. It is very high stakes when there is a mistake," Lai said.
Federal custody can disrupt criminal proceedings, causing defendants to miss court hearings or preventing completion of parole requirements. This interference undermines rehabilitation goals within the criminal justice system, according to legal experts.
While ICE agents have appeared aggressively at immigration courts in recent weeks, reports of federal agents at criminal courthouses remain isolated. State courts maintain policies to neither help nor hinder such federal activities.
