Trump administration threatens to cut federal funding, legal action if three Democratic states defy ICE

WASHINGTON — The Department of Homeland Security told three Democratic states that ignoring ICE detainers could trigger lawsuits and federal funding cuts, according to documents reviewed by CBS News and other outlets. Acting ICE Director Todd Lyons sent letters dated Sept. 10 to the attorneys general of New York, California and Illinois, asking them to confirm whether their states will honor detainers or release detainees in their custody.

According to the letters, Lyons warned that sanctuary policies that defy detainers would allow criminal illegal aliens to be released back into communities, potentially endangering residents. New York and Illinois reportedly said they would not comply; California did not respond. Lyons also wrote that ICE would engage with the Justice Department and other federal partners to pursue all appropriate measures against the states and to block federal aid if they persist in noncompliance. The letters were obtained by CBS News, and state responses were detailed by multiple outlets.

New York Attorney General Letitia James argued that the federal government lacks authority to demand state or local agencies to adhere to ICE detainers. Illinois Attorney General Kwame Raoul said responding to detainers based on erroneous information could subject local agencies to liability for ICE mistakes, and cautioned that the number of faulty detentions has grown. California did not immediately respond to requests for comment.

These dynamics unfold as ICE has conducted large-scale enforcement operations in major cities, including New York, Chicago, Los Angeles and Washington, D.C., under President Trump's directive on illegal immigration. DHS Assistant Secretary Tricia McLaughlin, in a separate statement, criticized sanctuary policies and policies like cashless bail, arguing they release dangerous offenders into communities and threaten public safety, a claim the department reiterated as it pressed states to cooperate with detainers.

“ICE detainers ask for something very simple: To notify ICE when criminal illegal aliens are released from jail or prison, to ensure that they go into ICE custody before they are released back onto our streets,” Lyons wrote in a follow-up letter. “These sanctuary state politicians should do the right thing and side with law-abiding Americans over criminal illegal aliens.” The three attorneys general did not immediately respond to requests for comment.

The administration's warnings arrive amid broader debate in U.S. politics over immigration enforcement and sanctuary policies, with Republicans arguing that detainers are a standard tool to coordinate federal enforcement with state and local authorities, and Democrats contending that detainer policies can be costly and error-prone.

The notes come as part of a broader pattern in which ICE has conducted operations in cities including New York, Chicago, Los Angeles and Washington, D.C., and as state officials scrutinize detainer requests. The policy dispute centers on whether local authorities should hold detainees for federal pickup even when detainers rely on information that critics say is sometimes faulty or incomplete.

“These sanctuary state policies, often combined with cashless bail for serious crimes, allow criminal illegal aliens to be released back into American communities – threatening the American people’s lives and wellbeing,” McLaughlin said in a statement, echoing the administration's argument that detainers are a straightforward notification tool to ensure ICE custody before release.

The three attorneys general did not respond to requests for comment from The Post, and California officials did not immediately have a public response on the record. The issue underscores a broader political fault line in the immigration debate as states weigh how closely they should cooperate with federal immigration authorities in an era of intensified enforcement.