An ICE arrest detainer is an administrative request (Form I-247/I-247A) from U.S. Immigration and Customs Enforcement asking a state or local jail to (1) notify ICE before an individual’s release and (2) hold the person for up to 48 hours beyond when they would otherwise be released so ICE can assume custody. The detainer is an administrative, not an independent arrest warrant; it does not by itself confer federal authority to arrest or compel state/local officers to detain beyond their own legal authority.
No. California state and local jurisdictions are not legally required to honor ICE detainers in all cases and may decline them. Federal regulation authorizes ICE to issue detainers, but courts and California law (the California Values Act/SB 54 and its implementing guidance) limit local cooperation; courts have also held that holding someone solely on an administrative detainer can raise Fourth Amendment and due-process liability.
DHS/ICE typically compile "active detainers" and release counts from agency case-management databases (ICE Enforcement and Removal Operations records). The DHS press release does not publish a public methodology or dataset for the 33,179 and 4,561 figures; verification would require ICE data extracts or a FOIA/data request. Public descriptions of detainer metrics generally come from ICE operational data and may be subject to internal validation; DHS’s press release is the agency’s stated source for these specific numbers.
"Sanctuary California" refers broadly to California’s statutory framework limiting cooperation with federal immigration enforcement, principally the California Values Act (SB 54) and related state provisions (Gov. Code §§ 7282–7284.6) and state guidance (Attorney General model policies) that restrict honoring ICE "hold/transfer/notification" requests except in defined circumstances.
Tricia McLaughlin is identified in the DHS release as an Assistant Secretary (Assistant Secretary for Enforcement and Removal Operations or a comparable ICE/DHS leadership position). As quoted, she speaks for DHS/ICE leadership, but operational authority for detainers and removals rests with ICE's Enforcement and Removal Operations (ERO) leadership and DHS officials; exact current title and portfolio should be confirmed on DHS/ICE leadership pages for up-to-date authority details.
Federal options are limited. The federal government can (a) issue detainers and attempt transfers; (b) seek judicial warrants or probable‑cause determinations from federal magistrates to obtain arrest authority; (c) pursue litigation (e.g., enforcement suits or challenges tied to specific contracts/agreements); and (d) condition certain federal grants or partnerships in narrow circumstances—but it cannot generally compel states or localities to enforce federal law (anti‑commandeering doctrine). Criminal or civil penalties against a jurisdiction for declining detainers are constrained by constitutional and statutory limits.