How Criminal Charges in California Can Trigger ICE Detainers in 2025

Through the help of a top-rated criminal defense attorney, you can learn what to expect from your criminal case and immigration. U.S. Immigration and Customs Enforcement (ICE) can issue detainers if you are arrested. However, local law enforcement doesn’t always comply with these detainers. By searching for a criminal defense attorney near me, you can learn more about how to prevent deportation after a criminal case.

In theory, ICE is primarily looking for people who have criminal histories or pose a flight risk. However, many of the people ICE targets aren’t convicted criminals. The detainer can be issued as soon as you are in the custody of the state or local government. Afterward, this detainer can lead to your imprisonment, even if you are found to be innocent on all charges. Because of this, you should search for a criminal defense attorney near me as soon as you are arrested or detained.

ICE detainers are immigration detainers where ICE requests for the state or local government to hold the prisoner for 48 hours longer than they normally would. Once this detainer arrives, ICE can pick up the individual and then put them in immigration detention.

In most cases, local courts listen to the request, even though it inherently means that the individual is getting held past their release date. They may have already posted bail.

Worse still, many of these ICE detainers are used with people who don’t have a criminal record or who have minor records. Because of this, ICE detainers violate the individual’s Fourth Amendment rights.

Under the Gonzalez v. ICE settlement, the Pacific Enforcement Response Center (PERC) is now limited to issuing detainers only for cases that have already involved previous deportation orders or removal proceedings. If the case only came to ICE’s detention after the individual’s arrest for an unrelated crime, then a detainer can only be issued after a neutral review process. Additionally, the PERC must give the local authorities a form that says ICE can ask for a notification about the client’s release, but the local agency doesn’t have the authority to keep someone in custody.

Thanks to the Gonzalez case, ICE must issue Requests for Notification of Release instead of detainers. This rule went into effect on March 4, 2025.

Additionally, California Values Act (SB 54) specifically restricts local and state law enforcement from cooperating with ICE. Local law enforcement is not allowed to detain, investigate, or interrogate individuals for the purposes of immigration enforcement. In essence, state resources aren’t supposed to be used for immigration purposes.

ICE most frequently issues detainers for crimes like homicide, burglary, robbery, and kidnapping. However, under the Trump administration, ICE has taken a broader, harsher approach to detaining immigrants. For example, the administration rescinded the protected areas policy. This means that churches, schools, and hospitals are no longer protected areas, safe from ICE.

Raids have become more frequent since the start of 2025. Even if the day-to-day odds are still low of any individual being detained, ICE raids in California have a new approach that is intended to instill fear in the community. There are now agricultural workers who aren’t going to work, and attendance at mass in the Fresno Diocese is down. In fact, the Trump administration has even created an app to help people self-deport.

During the first 30 days of the Trump administration, the number of daily detainers issued jumped by 72%. The number of successful detainers in California is significantly below average, with only 63 out of 3,203 detainers resulting in someone being taken into custody. In cities like San Jose, Riverside, and Los Angeles, the percentage of people taken into custody after a detainer was issued was 0%.

With the many new immigration laws in California in 2025, you don’t want to leave your case to chance. While California has laws against using local law enforcement to fulfill detainers, the new administration is taking a harsh approach to undocumented immigration. By looking for a criminal defense attorney near me, you can gain a better understanding of what to expect from your criminal case and how to avoid an ICE detainer.