Officials say more counties are allowing ICE to assume custody of detainees before release

True

Evidence from credible sources supports the statement as accurate. Learn more in Methodology.

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enforcement

County jails or county officials have entered into or executed documented transfers/agreements or provided records showing ICE took custody of individuals prior to their release, increasing compared with prior levels.

Source summary
The White House announced that more than 4,000 noncitizens described as "criminal illegal aliens" have been arrested in Minnesota since the launch of Operation Metro Surge. The statement, quoting Press Secretary Karoline Leavitt and Border Czar Tom Homan, says local officials are cooperating with federal authorities and describes plans for prosecutions, body-camera deployment, and a potential drawdown of federal personnel in Minneapolis dependent on local conditions. The release reiterates the administration's stated goal of expansive immigration enforcement, including mass deportations.
Latest fact check

ICE records show a large and growing number of local agencies with formal agreements that permit custody transfers inside jails (287(g) JEM, WSO, TFM models). As of Feb. 4, 2026 ICE lists 1,381 signed 287(g) memoranda of agreement covering agencies in 40 states and dozens of counties (including eight Minnesota counties reported in local media) — a higher total than in recent years and consistent with Homans claim that unusually many counties are now cooperating to allow ICE custody before release. Verdict: True — ICE data and contemporaneous reporting support that cooperation from counties to transfer custody pre-release is unusually widespread by early Feb. 2026.

Timeline

  1. Update · Feb 05, 2026, 05:59 AMTrue
    ICE records show a large and growing number of local agencies with formal agreements that permit custody transfers inside jails (287(g) JEM, WSO, TFM models). As of Feb. 4, 2026 ICE lists 1,381 signed 287(g) memoranda of agreement covering agencies in 40 states and dozens of counties (including eight Minnesota counties reported in local media) — a higher total than in recent years and consistent with Homans claim that unusually many counties are now cooperating to allow ICE custody before release. Verdict: True — ICE data and contemporaneous reporting support that cooperation from counties to transfer custody pre-release is unusually widespread by early Feb. 2026.
  2. Original article · Feb 04, 2026

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