DHS Secretary Noem and ICE Director Press Governor Newsom to Halt Release of Over 33,000 Undocumented Individuals with Criminal Records
Department of Homeland Security Secretary Kristi Noem and Immigration and Customs Enforcement (ICE) Director Todd Lyons have issued a strong public directive to California Governor Gavin Newsom, urging the state to block the release of 33,179 undocumented individuals currently within the state’s jurisdiction who have prior criminal records.
The demand highlights the escalating tension between federal immigration enforcement agencies and California’s long-standing “sanctuary state” policies. In a joint communication, federal officials identified the specific figure of 33,179 individuals, categorizing them as “criminal illegal aliens” whose release into the general public, they argue, constitutes a preventable threat to community safety.
Background and Context
The friction stems largely from California’s Senate Bill 54, the California Values Act, enacted in 2017. This legislation limits the cooperation between state and local law enforcement agencies and federal immigration authorities. Under these laws, local authorities are generally prohibited from detaining individuals on behalf of ICE or notifying federal agents of an individual’s release date unless the person has been convicted of specific serious or violent felonies.
Federal officials have long argued that these policies prevent ICE from taking custody of individuals directly from jails, forcing agents to conduct arrests in the community, which they claim is more dangerous for both officers and the public. The figure cited by Secretary Noem and Director Lyons likely draws from federal databases tracking non-detained nationals with criminal convictions who are residing within California’s jurisdiction.
Objections and State Perspective
Governor Newsom and supporters of California’s immigration policies strongly contest the federal narrative. The state’s position maintains that local law enforcement relies on trust within immigrant communities to effectively police neighborhoods. Advocates argue that if victims and witnesses fear that interacting with police will lead to deportation—either for themselves or family members—crimes will go unreported, ultimately making communities less safe.
Furthermore, legal experts and civil rights groups often object to the broad categorization of “criminal” in federal immigration statistics. They point out that this definition can encompass a wide range of offenses, from serious felonies to minor non-violent infractions or immigration-related violations, such as re-entry. Critics of ICE’s approach also argue that federal detainers are administrative requests rather than judicial warrants, raising significant Fourth Amendment due process concerns regarding prolonged detention without probable cause of a new crime.
As the standoff continues, the federal administration is signaling a potential increase in operational tempo if the state refuses to adjust its non-cooperation policies regarding the specified individuals.
