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2h ago

DHS Seeks DOJ Action After California, New York and Illinois Resist ICE Detainers

State officials argue the federal government cannot require local holds without judicial warrants, setting up a likely court battle over immigration detainer authority.

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Overview

  • Acting ICE Director Todd Lyons sent Sept. 10 letters demanding the three states honor thousands of detainers, then warned in Sept. 18 follow-ups that DHS will ask the Justice Department to sue and pursue funding blocks.
  • DHS says New York and Illinois formally declined to cooperate and California did not respond, characterizing the stance as obstruction of immigration enforcement.
  • Illinois Attorney General Kwame Raoul told DHS the government lacks authority to force compliance, and legal scholars cite Tenth Amendment precedent that could bolster state defenses.
  • California, New York and Illinois have statutes that restrict detainer-based holds, including requirements for judicial warrants or limits to certain convictions.
  • DHS officials defend tougher measures by pointing to roughly 400,000 arrests since January and say releases after detainer refusals have included people charged with serious crimes.