ICE Arrests Chinese National for Sex Crimes in Westminster After Detainer Ignored by Local Authorities
Federal immigration authorities have arrested Xujin An, a Chinese national previously released by local law enforcement in Westminster, California, despite a pending immigration detainer. The arrest, executed by U.S. Immigration and Customs Enforcement (ICE) on April 15, 2025, follows a controversial sequence of events involving serious felony charges, including sexual penetration with force and sexual battery. An remains in federal custody pending judicial proceedings.
Timeline of Custody and Release
The case centers on a significant lapse in inter-agency cooperation that began in late 2024. Xujin An was initially taken into custody by the Westminster Police Department following allegations of a violent sexual assault. The charges levied against him included sexual penetration with force and sexual battery, felonies that carry severe penalties under California Penal Code.
On November 9, 2024, ICE agents lodged an immigration detainer with the local jail holding An. An immigration detainer is a formal request from DHS to state or local law enforcement agencies to notify ICE as early as possible before a removable individual is released from criminal custody. However, this request was not honored. Citing local jurisdictional policies, jail officials released An back into the community rather than transferring him to federal custody.
State vs. Federal Jurisdiction
The release of An highlights the ongoing legal and political conflict between federal immigration enforcement and California’s “sanctuary state” laws. Under the California Values Act (SB 54), passed in 2017, state and local law enforcement agencies are generally prohibited from using their resources to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes.
Proponents of these policies argue that they are essential for community safety, encouraging undocumented immigrants to report crimes and cooperate with police without fear of deportation. Legal experts supporting the sanctuary framework contend that detaining individuals solely on civil immigration requests—without a judicial warrant—can violate Fourth Amendment rights against unreasonable seizure. Furthermore, advocates argue that local resources should remain focused on community policing rather than enforcing federal civil codes.
Conversely, ICE officials have repeatedly characterized these policies as dangerous obstructions that allow individuals charged with violent crimes to reoffend. Federal authorities argue that when detainers are ignored, ICE agents are forced to conduct “at-large” arrests in communities, which they state presents higher risks to officers, the public, and the targets of the arrests themselves.
Current Status
Following his release in November, An remained at liberty for over five months. His freedom ended on April 15, 2025, when ICE Fugitive Operations officers located and apprehended him. He is currently being held in federal detention while he awaits immigration proceedings. It remains unclear if the original criminal charges in Westminster have been resolved or if he faces additional federal charges related to his immigration status.
This incident adds to a growing list of cases fueling the national debate over sanctuary jurisdictions. Statistics from DHS indicate that thousands of detainers are declined annually by jurisdictions with non-cooperation policies, a point of contention that continues to divide state and federal lawmakers.
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