California AG: Local Police Cannot Help ICE Deport Residents
California's Attorney General issued Opinion 25-602 in August 2026, ruling that local police in the state cannot legally help ICE arrest and deport residents. For the millions of immigrants living in California — including those in removal proceedings or with pending green card applications — this opinion reshapes what local law enforcement can and cannot do. But federal agents still operate on their own, and knowing the difference could matter enormously.
California's Attorney General issued a formal legal opinion in August 2026 stating that local and county law enforcement agencies in California cannot lawfully help federal immigration authorities arrest and deport state residents. Opinion 25-602 clarifies that state and local police have no legal obligation — and in many cases no legal authority — to hold people in jail for ICE, share information about release dates, or participate in immigration enforcement operations.
What the opinion actually says
The opinion draws a clear line between federal and state power. Immigration enforcement is a federal responsibility. California law enforcement agencies operate under state law, and state law does not authorize them to act as ICE agents. This means a local sheriff's department, for example, cannot legally detain someone past their release date simply because ICE asked them to — a practice known as an "ICE detainer." The Attorney General's opinion reinforces existing California laws like the TRUST Act and the California Values Act, which already limit cooperation with federal immigration authorities.
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This opinion matters for people in removal proceedings (the formal legal process where a judge decides whether someone will be deported) or those who fear an ICE arrest. If local police in California stop you, they are generally not supposed to ask about your immigration status or hold you for ICE. That said, an AG opinion is not a court ruling — it is a formal legal interpretation that guides how state agencies should act. Federal agents from ICE can still operate independently in California. They do not need local police help to make arrests.
What to do
- If you are stopped by local police in California, you have the right to remain silent about your immigration status. You do not have to answer questions about where you were born or how you entered the US.
- If you are held in a California jail and ICE sends a detainer request, ask to speak with an immigration lawyer immediately. Under this opinion, local jails may not be allowed to honor that detainer.
- Keep a copy of any court notices for your immigration court hearing. Missing a hearing can result in a deportation order issued in your absence.
- Contact a local immigration legal aid organization in California — many offer free consultations and can tell you your specific rights based on the county you live in.
A full breakdown of this topic — in our guide “Appealing to the BIA”.
Fishkin Law Firm, New York
This AG opinion gives California immigrants a concrete legal argument if local police try to hold them on an ICE detainer — you or your attorney can cite Opinion 25-602 and the California Values Act to challenge an unlawful hold. If you are currently in removal proceedings, this does not stop ICE from arresting you directly, but it does limit how local jails can cooperate. Anyone who has been held by local police at ICE's request in California should speak with an immigration attorney about whether that detention was lawful and whether it affects their case.
Frequently Asked Questions
Does this opinion mean ICE cannot arrest me in California?
No. Federal ICE agents can still arrest people in California on their own. The opinion only limits what local and county police can do — they cannot act as ICE agents or hold you in jail just because ICE asked them to.
What is an ICE detainer and is it still legal in California?
An ICE detainer is a request from federal immigration authorities asking a local jail to hold someone extra time after they would normally be released, so ICE can pick them up. The August 2026 AG opinion says California local agencies generally do not have legal authority to honor these requests.
I have an immigration court hearing coming up. Does this opinion help my case?
Not directly — immigration court hearings are a federal process and this opinion does not change how those work. But if local police were involved in your arrest in a way that may have violated California law, an immigration attorney might be able to use that in your defense.
Is an Attorney General opinion the same as a law or a court ruling?
No. An AG opinion is a formal legal interpretation that tells state agencies how they should act under existing law. It is not a new law and it is not a court decision. Courts can still rule differently, and federal law always overrides state guidance on immigration enforcement.