This is what sanctuary cities do different than a place without sanctuary...
Gemini A/I
An ICE detainer is a voluntary request from the federal government asking local jails to hold an individual for up to 48 hours beyond their scheduled release date so federal agents can take them into custody.
In "sanctuary cities," local officials generally do not "let them go early"; rather, they release the person the moment their legal local detention ends (such as after posting bail or completing a sentence) and refuse the federal request to hold them for that extra 48 hours. These cities argue that holding someone without a judicial warrant violates the Fourth Amendment and that immigration enforcement is a federal responsibility, not a local one.
| State | Status of Cooperation |
|---|
| Florida | Requires local law enforcement to assist ICE and honors all detainers. |
| Texas | SB4 (2017) mandates cooperation; newer laws also allow state-level arrests. |
| Georgia | Requires local jails to check immigration status and cooperate with ICE. |
| Tennessee | Enacted laws barring sanctuary policies and requiring detainer compliance. |
| Iowa | Mandates that local law enforcement comply with federal immigration requests. |
| Louisiana | Generally requires local cooperation and honors ICE holds. |
| Alabama | Has longstanding laws requiring status checks and detainer cooperation. |
| North Carolina | Recent |
States Limiting Cooperation (Sanctuary States)
These states have "sanctuary" policies that restrict or ban local jails from holding people for ICE without a judicial warrant. They argue that using local resources for federal civil immigration enforcement is unconstitutional.
- Illinois: Has some of the strictest laws in the country prohibiting the transfer of individuals to ICE custody.
- Oregon: Longstanding sanctuary status that blocks the use of local resources for immigration enforcement.
- California: Limits cooperation and prohibits local jails from contracting with the federal government to house immigration detainees.
- New York: Currently considering the "New York for All Act" (2026) to further restrict local officials from working with ICE.
- Washington: Limits the sharing of information and prohibits local jails from honoring detainers.
What happens in "Sanctuary" jurisdictions?
In a sanctuary city, when a person’s "local time" is up (e.g., they paid bail or their sentence ended), the jail
must release them.
- The ICE Detainer: ICE sends a request saying, "Please hold this person for 48 more hours so we can pick them up."
- The Sanctuary Response: The city views this as a "voluntary request" rather than a legal warrant signed by a judge. Since the person has no more local charges, the city releases them immediately.
- The Result: From ICE's perspective, the city "let them go." From the city's perspective, they simply followed the law by not holding someone without a legal warrant
Would you like me to find a list of states that currently have laws requiring local jails to cooperate with these detainers?
As of 2026, the landscape of immigration enforcement is deeply divided. Several states have passed "anti-sanctuary" laws that legally
require local jails to honor federal detainers, while others have passed "sanctuary" laws that strictly
prohibit doing so.
Below is a breakdown of the states that have mandated cooperation and those that have taken the opposite stance.
States Requiring Cooperation with ICE
In these states, local law enforcement is generally required by state law to honor ICE detainers and, in many cases, to enter into formal "287(g)" agreements (which allow local officers to act as federal immigration agents within the jail).
| State | Status of Cooperation |
|---|
| Florida | Requires local law enforcement to assist ICE and honors all detainers. |
| Texas | SB4 (2017) mandates cooperation; newer laws also allow state-level arrests. |
| Georgia | Requires local jails to check immigration status and cooperate with ICE. |
| Tennessee | Enacted laws barring sanctuary policies and requiring detainer compliance. |
| Iowa | Mandates that local law enforcement comply with federal immigration requests. |
| Louisiana | Generally requires local cooperation and honors ICE holds. |
| Alabama | Has longstanding laws requiring status checks and detainer cooperation. |
| North Carolina | Recent |
States Limiting Cooperation (Sanctuary States)
These states have "sanctuary" policies that restrict or ban local jails from holding people for ICE without a judicial warrant. They argue that using local resources for federal civil immigration enforcement is unconstitutional.
- Illinois: Has some of the strictest laws in the country prohibiting the transfer of individuals to ICE custody.
- Oregon: Longstanding sanctuary status that blocks the use of local resources for immigration enforcement.
- California: Limits cooperation and prohibits local jails from contracting with the federal government to house immigration detainees.
- New York: Currently considering the "New York for All Act" (2026) to further restrict local officials from working with ICE.
- Washington: Limits the sharing of information and prohibits local jails from honoring detainers.
What happens in "Sanctuary" jurisdictions?
In a sanctuary city, when a person’s "local time" is up (e.g., they paid bail or their sentence ended), the jail
must release them.
- The ICE Detainer: ICE sends a request saying, "Please hold this person for 48 more hours so we can pick them up."
- The Sanctuary Response: The city views this as a "voluntary request" rather than a legal warrant signed by a judge. Since the person has no more local charges, the city releases them immediately.
- The Result: From ICE's perspective, the city "let them go." From the city's perspective, they simply followed the law by not holding someone without a legal warrant