A congressional investigation found that law enforcement agencies in Los Angeles, San Francisco and San Diego repeatedly declined federal immigration detainers involving foreign nationals with criminal histories that included homicide, sexual assault, kidnapping and other serious offenses.
By yourNEWS Media Newsroom
Law enforcement agencies in three major California jurisdictions rejected a combined 8,901 immigration detainers over several years, including requests involving foreign nationals accused or convicted of violent crimes, according to a House Judiciary Committee investigation released Thursday, Oct. 29.
The 22-page interim staff report, titled “California: The Dangerous Consequences of Sanctuary Policies,” was prepared under Judiciary Committee Chairman Jim Jordan, R-Ohio, and Rep. Tom McClintock, R-Calif., chairman of the Subcommittee on Immigration Integrity, Security, and Enforcement. It examines how California’s immigration-related restrictions affect cooperation between local law enforcement and U.S. Immigration and Customs Enforcement.
The investigation found that the Los Angeles Police Department honored only four of 4,177 ICE detainers received between Jan. 1, 2020, and June 5, 2026, representing a compliance rate of 0.096%. The department has not honored a detainer since complying with three requests in 2021, according to records provided to congressional investigators.
San Francisco’s Sheriff’s Office rejected all 2,201 detainers received between January 2020 and August 2026. The San Diego County Sheriff’s Office separately declined 2,527 detainers between Jan. 1, 2023, and June 15, 2026.
Together, those figures account for 8,901 requests that the three agencies did not honor, although the reporting periods differ among jurisdictions.
The committee said the rejected requests involved individuals with criminal histories that included homicide, sexual assault, kidnapping, burglary, weapons violations, assault, drug offenses, fraud and child abuse.
“Because of California’s sanctuary policies, local law enforcement officers have been forced to release repeat and dangerous criminals onto California streets,” the report stated.
The findings followed congressional requests for records from law enforcement agencies in Los Angeles, San Francisco and San Diego earlier this year. Investigators reviewed information obtained from local authorities and ICE concerning detainer compliance, criminal histories and restrictions imposed by California law.
An immigration detainer is a formal request from ICE asking a state or local correctional agency to notify federal immigration officials before releasing an individual believed to be removable from the United States. It can also request that the agency maintain custody for up to 48 hours beyond the person’s scheduled release to allow federal officers to assume custody.
Detainers are administrative requests rather than judicial warrants. California law restricts compliance with such requests and permits cooperation under specified circumstances, including certain serious criminal convictions and judicial warrants.
The committee’s investigation found that San Diego County authorities rejected 874 detainers in 2023, 202 in 2024, 894 in 2025 and another 557 during the first five and a half months of 2026.
The report also identified 857 detainers that law enforcement agencies across the San Diego and Imperial County region had not honored since April 2026. The individuals involved had criminal histories that included extortion, arson, sexual assault, robbery, kidnapping, homicide and weapons offenses.
Of those requests, 493 involved the San Diego County Jail and another 277 involved the Vista Detention Facility, according to ICE records provided to the committee.
The report highlighted the November 2025 death of 11-year-old Aiden Antonio Torres De Paz, who was struck and killed by a vehicle while playing near his home. Authorities arrested a Mexican national in connection with the incident, but the San Diego County Sheriff’s Office declined an ICE detainer, citing California law.
Investigators also identified rejected detainers involving individuals arrested on allegations of child cruelty, assault with a deadly weapon and domestic violence.
In Los Angeles, the committee examined the case of Herbert Nixon Flores, an El Salvadoran national who had reportedly been deported from the United States 10 times since 1990. His criminal history included burglary, weapons offenses, drug violations, impaired driving and resisting arrest.
Nixon Flores was arrested by Los Angeles police on a domestic violence charge Sept. 7, 2020. ICE issued a detainer the following day, but he was subsequently released. Four months later, he murdered his former girlfriend in front of their young child, according to the report.
Congressional investigators cited the case as an example of the potential consequences of declining detainers involving repeat offenders.
The committee also examined California’s broader restrictions on immigration enforcement, including the California Values Act, commonly known as Senate Bill 54, signed into law by then-Gov. Jerry Brown in 2017. The legislation limits state and local participation in federal immigration enforcement while preserving exceptions for certain serious or violent criminal convictions.
San Diego County adopted additional restrictions in December 2024 requiring a judicial warrant for certain forms of cooperation with federal immigration authorities. Sheriff Kelly Martinez publicly questioned whether the Board of Supervisors could impose additional conditions on her department, stating, “The Board of Supervisors does not set policy for the Sheriff’s Office.”
The report also cited information from ICE indicating that California authorities declined detainers involving 4,561 foreign nationals between Jan. 20, 2025, and early February 2026. As of February, ICE reported 33,179 active detainers involving foreign nationals in California’s local, state and federal correctional facilities.
California officials have defended the state’s immigration policies, arguing that state and local police should prioritize public safety responsibilities rather than serve as federal immigration enforcement agents. Gov. Gavin Newsom’s administration has maintained that California cooperates with federal authorities in cases involving serious criminals while limiting civil immigration enforcement activities.
The distinction between federal immigration requests and judicially authorized detention has been central to the dispute. California officials argue that restrictions on holding individuals beyond their scheduled release dates protect constitutional rights and preserve local law enforcement resources.
The House report, however, contends that these limitations complicate ICE operations by requiring federal officers to locate and arrest individuals after their release instead of transferring custody directly from correctional facilities.
The committee cited testimony from former ICE officials who served during the Biden administration and expressed concerns that detainer refusals could increase risks to officers and communities.
One former ICE field office director told congressional investigators in September 2023 that individuals with serious violent criminal histories could present public safety risks when released rather than transferred to federal custody.
According to the report, ICE information showed that sanctuary jurisdictions nationwide declined at least 41,085 detainers between October 2022 and early 2026. During the first 12 months of President Donald Trump’s second term, state and local authorities declined at least 17,864 requests, including those involving individuals charged with sexual assault and murder.
The committee has requested records from 40 officials across 13 jurisdictions as part of its continuing examination of policies restricting immigration enforcement cooperation.
Jordan and McClintock said their investigation would continue as lawmakers consider potential legislative changes addressing communication and custody transfers between federal and local authorities.
The findings establish the number of reported detainer refusals and document several cases involving serious criminal allegations. However, a declined detainer does not necessarily mean the individual subsequently committed another offense, nor does it establish that every person involved had been convicted of a violent crime.
The report adds to the continuing dispute between the Trump administration and California officials over federal immigration enforcement, local policing authority and the legal obligations of jurisdictions that restrict cooperation with ICE.
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