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In a heated exchange, California Governor Gavin Newsom has refuted allegations from the Trump administration suggesting that the state is poised to release over 33,000 undocumented individuals with criminal records from its prisons. This assertion, made by senior White House officials, has been met with firm pushback from Newsom, who argues the claims are misleading and a diversion from more pressing issues.
Context of the Controversy
On Friday, Stephen Miller, Deputy White House Chief of Staff, took to social media platform X to assert that California was preparing to liberate “up to 33 thousand criminal illegal aliens.” His statement stemmed from a press release issued by the Department of Homeland Security (DHS), which indicated that Todd Lyons, the acting director of U.S. Immigration and Customs Enforcement (ICE), had urged California Attorney General Rob Bonta to honour detainers for a number of undocumented immigrants who have prior criminal convictions.
In a response that highlighted his administration’s stance, Newsom’s office stated that California’s penal system has consistently collaborated with ICE in removing serious offenders. The governor’s team accused the Trump administration of attempting to distract the public from the former president’s controversial social media activities, which included a racially charged video of Barack and Michelle Obama.
California’s Cooperation with ICE
The California Department of Corrections and Rehabilitation (CDCR) does facilitate communication with ICE under specific conditions. According to state law, when inmates with serious felony convictions complete their sentences, CDCR may inform ICE and transfer custody. Typically, as an inmate’s release date approaches, CDCR reaches out to ICE to ascertain whether the federal agency intends to take custody of the individual.
Data from CDCR indicates that in 2025, ICE was able to pick up over 88% of individuals for whom it issued detainers during their time in state prison. However, California law imposes strict limits on cooperation between federal immigration enforcement and county jails, which primarily house individuals who have not yet been convicted. This distinction is crucial, as it underscores the state’s commitment to maintaining a separation between criminal justice and immigration enforcement.
The Discrepancy in Numbers
Miller’s claim regarding the 33,000 undocumented individuals appears to lack a credible source. Recent figures from CDCR reveal that only 1,641 ICE detainers were recorded in 2025 for the more than 26,000 individuals released from custody that year. This stark contrast raises questions about the accuracy of the administration’s assertions and suggests a significant exaggeration of the situation in California’s prisons.
In contrast to California’s policies, officials in some states have been more amenable to federal immigration requests. For example, in Minnesota, Tom Homan, the president’s border czar, has actively encouraged local sheriffs to facilitate the transfer of inmates to federal custody. This divergence in state policies highlights the ongoing national debate surrounding immigration enforcement and the role of state authorities.
Why it Matters
This confrontation illustrates the complexities of immigration policy in the United States, particularly as it intersects with criminal justice. As the Biden administration grapples with these issues, the rhetoric from the Trump administration serves not only as a political tool but also as a reflection of broader societal tensions surrounding immigration. Newsom’s vigorous defence of California’s policies underscores the state’s commitment to a more humane approach, even as it faces pressure from federal authorities. The implications of this debate are far-reaching, affecting both public perception and the lives of countless individuals navigating the intersecting systems of justice and immigration.