Are Prosecutors Cooperating With ICE in Orange County? What to Know

In 2024, the Orange County Sheriff’s Department gave more than 220 individuals to the United States Immigration and Customs Enforcement (ICE). This represented a significant growth from 2022, when just 17 inmates were transferred to ICE. If you are charged with a crime, it’s important to seek out a criminal defense attorney right away. Thanks to Orange County ICE cooperation, your ability to stay in the country may be at risk if you are convicted of a crime.

Orange County, through 287(g) agreements and other laws, is working with ICE. In 2024, Orange County screened 663 individuals and transferred 223 of them to ICE custody. Out of this number, 186 were arrested by ICE.

With the recent push by the new administration to expand deportations, Orange County’s cooperation could grow in 2025 and future years. This is a problem for all of Orange County. For instance, the Harbor Institute for Immigrant and Economic Justice estimates that just the immigration transfers that took place in 2024 led to a loss of $2.3 million in labor income from the Orange County economy.

Orange County ICE cooperation happens under a 287(g) memorandum of agreement (MOA). This MOA is between Orange County and the United States Department of Homeland Security (DHS). It explicitly allows trained personnel in the sheriff’s department to perform duties for ICE. The following are just a few of the activities that the sheriff’s department is allowed to perform under the 287(g) MOA.

• Interrogate people about whether they’re allowed to be in the United States legally
• Carry out processing, such as fingerprinting and interviewing
• Prepare a Notice to Appear (NTA) application and removal charging documents
• Transport immigrations
• Prepare immigration detainers

To carry out these activities, the 287(g) MOA specifically states that the sheriff’s department should nominate some of its employees. Then, these employees can be sent to ICE for training and certification.

When it comes to US immigration in California, there are some limitations placed by state law. Under the 2017 California Values Act (SB 54), state and local governments in California are not allowed to use their resources for federal immigration purposes.

However, some of these policies may not be as stringently enforced in the future, with California’s politicians remaining quiet on immigration matters. More recently, Governor Newsom promised to veto Assembly Bill 15 if it passed. If the bill had been successful, it would have limited the ability of state and local government employees to work with ICE.

Yes, ICE needs probable cause to issue a detainer. Under the Fourth Amendment of the U.S. Constitution, arrests can only be made when there is probable cause. Once there is probable cause present, ICE can issue a detainer. Often, this happens after someone has been convicted with one of the following crimes.

• Drug trafficking
• Robberies and burglaries
• Homicide
• Weapons offenses
• Kidnapping
• Human trafficking
• Sexual assault

ICE works with state, local, and federal law enforcement agencies in many different ways. For example, ICE may issue a request for the agency to send a notification when they release someone. Depending on the circumstances and location, ICE may also ask for law enforcement to detain someone for up to 48 hours. While some areas, like California, place restrictions on what law enforcement officials can do to work with ICE, there is generally some level of cooperation present.

If someone is convicted of a serious or violent offense, California’s SB 54 already allows prosecutors and local governments to cooperate with ICE. Because of Orange County’s ICE cooperation, it is important to be proactive about your legal defense. Being charged with a serious crime can lead to your deportation, which is why you need the best criminal defense attorney possible.

To get help navigating your criminal or immigration case, reach out to our team of talented attorneys today.