An ICE “detainer” (Form I‑247/I‑247A) is a request from DHS/ICE asking a jail or law-enforcement agency to (1) notify ICE before releasing a person and (2) hold that person for up to 48 hours so ICE can assume custody. It is an administrative request—not a judicial arrest warrant—and ICE policy states it is only a request (not an order) and does not by itself authorize a jail to lawfully continue detention beyond applicable law or policy.
No—ICE detainers are not legally binding federal orders that automatically compel state or local compliance. ICE itself describes detainers as requests and courts and legal guidance have found that local agencies retain discretion and may face legal constraints (including state laws and Fourth Amendment concerns) before holding someone beyond ordinary release. California law (SB 54/related Government Code sections) restricts local cooperation with federal immigration holds.
A Form I‑205 is an administrative "Warrant of Removal/Deportation" issued by DHS/ICE after a final order of removal; it authorizes ICE to take custody for removal. It is an administrative (executive‑branch) warrant—distinct from a judicial arrest/search warrant—used to arrest and remove aliens with final removal orders; agencies say it may be used to arrest in public or in places where consent exists, and ICE recently issued guidance about using I‑205s for residential arrests, a practice that has prompted litigation and debate over Fourth Amendment limits.
Todd M. Lyons is the Senior Official Performing the Duties of Director (Acting Director) of U.S. Immigration and Customs Enforcement (ICE). As ICE’s acting director he leads the agency and may send official letters and policy guidance urging cooperation; however, his authority is to direct federal ICE operations—not to command state or local officials, who make their own legal and policy decisions under federal and state law.
DHS/ICE’s release and letter state the figures come from ICE records of active detainers and custody events; the Feb. 6, 2026 press release reports 33,179 active detainers in California jurisdictions and says 4,561 people with detainers were released since Jan. 20 (presumably Jan. 20, 2025 or 2026 as cited). ICE did not publish a detailed dataset in the release; the counts are aggregated from ICE internal case/custody records as summarized in the press release and enclosed letter.
“Sanctuary” jurisdictions referenced are California state and local jurisdictions that limit cooperation with federal immigration enforcement under state law and local policies—principally those covered by California's SB 54 (the California Values Act) and related local sanctuary policies (city and county policies that decline to honor detainer holds). The DHS release does not list every jurisdiction by name; SB 54 applies broadly to California state and local law‑enforcement agencies and many cities/counties adopted sanctuary policies.
Options for California officials vary: (1) State law (e.g., SB 54) limits routine honoring of detainers but permits cooperation in certain public‑safety or judicially authorized cases; (2) counties or sheriffs may choose to honor detainers case‑by‑case but risk state-law and civil liability constraints; (3) the state AG can issue legal guidance or seek litigation challenging federal practices; (4) officials can negotiate data‑sharing or targeted agreements (e.g., 287(g) or notification exceptions); and (5) federal action could include litigation or administrative enforcement—so responses combine legal review, policy decisions, and potential cooperative agreements.