Trump administration threatens lawsuits, funding cuts if Democratic states don't hold migrants for ICE

Source: CBS News

Updated on: September 20, 2025 / 7:32 AM EDT


Washington — The Department of Homeland Security has escalated its clash with so-called sanctuary states this week, warning California, New York, and Illinois in letters obtained by CBS News that refusal to honor immigration detainers could trigger federal legal action.

In letters dated Sept. 10, Acting U.S. Immigration and Customs Enforcement Director Todd Lyons ordered the attorneys general of the three states to declare within two days whether they would comply with "thousands of ICE detainers" lodged against individuals in state custody, according to DHS. Immigration detainers are formal requests by ICE asking local jails and prisons to notify the agency before releasing an individual, and to hold them briefly so federal agents can take undocumented migrants into federal custody.

According to DHS, Illinois and New York formally declined to cooperate. California did not respond. On Sept. 18, Lyons sent follow-up letters obtained by CBS News accusing each state of obstructing immigration enforcement and vowing to enlist the Department of Justice in response. Senior DHS officials tell CBS News the department will tap the DOJ to sue states, blocking future federal funding.

In his follow-up letter to Illinois Attorney General Kwame Raoul, Lyons wrote that the state's refusal "will result in thousands of criminal aliens being released into Illinois communities," adding that "ICE will engage with the U.S. Department of Justice and other federal partners to pursue all appropriate measures against you."

Read more: https://www.cbsnews.com/news/trump-sanctuary-states-california-illinois-new-york/