DOJ Requests Information on Non-Citizen Prisoners in California
On Thursday, the U.S. Department of Justice requested that California counties compile a list of non-citizen prisoners, including the crimes they’ve been charged or convicted of, as well as their release dates.
The Justice Department noted that these “data requests” from counties, like Los Angeles and San Francisco, are aimed at assisting federal immigration officials with the deportation of undocumented immigrants who commit crimes after entering the U.S. illegally.
This move adds to the ongoing conflict between the Trump administration and California regarding immigration policies and local sanctuary laws. Immigration and Customs Enforcement (ICE) agents are focusing on areas that have seen thousands of arrests, fueled by President Trump’s call for a widespread deportation effort. Previously, the Justice Department has sued Los Angeles over its sanctuary policies.
California officials have staunchly defended the state’s sanctuary laws, which generally protect local governments from enforcing civil immigration laws in certain contexts, especially against those with criminal offenses. They have been critical of recent ICE arrest tactics, arguing that most individuals taken into custody have no prior criminal convictions.
It’s uncertain how this demand will affect local jurisdictions practically, or whether it will trigger legal challenges from state or county entities. The office of California Attorney General Rob Bonta did not provide an immediate comment.
Recently, the Los Angeles County Sheriff’s Department revived the transfer of inmates to ICE for the first time in years, citing criminal exceptions under local sanctuary legislation.
A spokesman for LA County directed inquiries about the request to the Sheriff’s Department. Sheriff Robert Luna mentioned during a private meeting that information about all county inmates is already publicly available on the department’s website.
“Once someone is booked and processed, that information goes into the national system, alerting federal agents automatically. So it’s not as if we’re notifying them; it’s done through fingerprints,” Luna explained.
The Justice Department hopes counties will voluntarily share the requested information. If they do not comply, officials indicated they would pursue various means, including subpoenas, to obtain the data.
The DOJ emphasized that all undocumented immigrants violate federal law, but those who continue to engage in criminal activities are seen as a significant threat to national safety.
It’s worth noting that not all non-citizens in the country are undocumented—many are permanent residents or hold valid visas. However, under the administration’s immigration crackdowns, scrutiny has increased among all categories of non-citizens.
Attorney General Pam Bondy remarked that removing “illegal criminal aliens” is a top priority for the administration, expressing a desire to work collaboratively with California’s county sheriffs to enhance safety in the state.
In recent months, Luna’s department has started transferring prisoners to ICE again, doing so for the first time since early 2020. From May to June, they sent 20 prisoners to federal authorities.
At the oversight meeting, Luna reported receiving a request for 995 civil detainees from ICE for 2024, stating that while he has not complied with previous requests, there is no legal obligation to do so. Still, he highlighted that they are required to hand over 20 prisoners, each backed by federal judicial warrants.
Luna anticipates an increase in such warrants, which would likely result in transferring more prisoners. “These are legal documents signed by a judge. We cannot deny them,” he explained.
County Inspector Max Huntsman and other legal experts confirmed that the sheriff’s department is mandated by federal and state law to comply with such warrants, indicating that this process is lawful under existing sanctuary policies.