Staff Reports
White House Border Czar Tom Homan went on TV this week and did what he always does: point at a problem at the border and call out the politicians who make it worse. Homan said ICE found a removable noncitizen in a California jail, issued a detainer asking to be notified before release, and the county released the person without telling federal agents. That release, Homan insists, is tied to a brutal Modesto homicide. The claim is the immediate news here — and it deserves hard answers, not political hair‑pulling.
Homan’s Charge: ICE Did Its Job
In his interview, Homan said ICE located the man, checked his record, and filed a detainer with the county jail. A detainer is a formal request to be alerted before a person is let go so ICE can take custody. Homan’s point was simple: ICE asked, county ignored or did not properly notify, a violent crime followed. That’s the sequence Homan pushed in the media, and it is the new development driving this debate.
What the Records Show — and What They Don’t
Local reporting and jail logs back up parts of the claim: an ICE detainer was lodged after a prior arrest, and county officials confirm the detainer was on file. But California officials, including Governor Gavin Newsom’s office, dispute the idea that state policy alone forced the release. They note the legal limits on detainers — they are civil requests, not arrest warrants — and courts have ruled you can’t just hold someone on a detainer without judicial process. So the hard fact is this: ICE says it asked; the county logged a detainer; the timeline and legal obligations are still being parsed.
Sanctuary Politics vs. Common Sense
Let’s be blunt. If a federal agency asks to be notified before someone is released, the least a deputy can do is pick up the phone. But we live in an age where politics sometimes trumps common sense. California’s sanctuary posture is a political choice that has real consequences. That does not erase the legal mess around detainers. It also doesn’t excuse governors and county officials who wave away public safety when a simple phone call might have led to federal custody. Call it a policy failure, a legal quirk, or a media moment — whatever label you choose, families paid the price.
Fixing the Chaos: Simple Steps to Protect Communities
There are easy, common‑sense moves that respect the law and protect people. Require timely notification when ICE files a detainer. Use federal warrants when custody is needed beyond civil requests. Give sheriffs clear, legal guidance so deputies don’t have to choose between a lawsuit and doing the right thing. Most of all, stop treating public safety like a campaign talking point. If officials want to pick fights about “sanctuary,” fine — but they shouldn’t do it with the lives of innocent people hanging in the balance.
