According to Gavin Newsom, the Trump administration is trying to “distract” from the president posting a racist video of the Obamas.
The latest drama involves California governor Gavin Newsom, debunking a claim by the Donald Trump administration that California is planning to release over 33,000 undocumented criminals from its prisons.
Friday saw Stephen Miller, the deputy White House Chief of Staff, make a post on X, alleging that “California is getting ready to free up to 33 thousand criminal illegal aliens”.
California is getting ready to free up to 33 thousand criminal illegal aliens. https://t.co/uiTNZ0nqR5
— Stephen Miller (@StephenM) February 6, 2026
Meanwhile, Miller’s X post referred to a press release from the Department of Homeland Security (DHS). In the release, it stated that the acting director of US Immigration and Customs Enforcement (ICE), Todd Lyons, has urged the California Attorney General Rob Bonta to honor arrest detainers for 33,000 undocumented immigrants, held in the state’s prison system with criminal convictions.
Tricia McLaughlin, DHS assistant secretary, said, “Criminal illegal aliens should not be released from jails back onto our streets to terrorize more innocent Americans. If we work together, we can make America safe again. 7 of the 10 safest cities in the U.S. cooperate with ICE law enforcement.”
Governor Newsom’s office explained that the California prison system has always complied with such requests. Meanwhile, Newsom accused the Trump administration of attempting to “distract” from the racist video of Barack and Michelle Obama posted online.
“California cooperates with ICE when it comes to REMOVING CRIMINALS – like sick rapists and murderers – in our state prisons,” the governor’s office wrote on X.
You and Karolyin’ are working overtime today to distract from Trump’s disgusting monkey video.
California cooperates with ICE when it comes to REMOVING CRIMINALS — like sick rapists and murderers — in our state prisons. https://t.co/gmGtHa4Vqf pic.twitter.com/FkY5hifnbm
— Governor Newsom Press Office (@GovPressOffice) February 6, 2026
Meanwhile, the California prison system does cooperate with ICE in limited circumstances. Under state law it may notify ICE and transfer custody when prisoners with certain violent and serious felony convictions complete their sentences. Normally, the system notes that someone’s release date is approaching, ICE is contacted to confirm whether the agency intends to take custody.
As reported by the Guardian, should the person be a non-citizen, and ICE hasn’t issued a detainer, CDCR still notifies federal immigration authorities prior to the prisoner’s release.
Recent data reveals that in 2025, ICE took custody of more than 88 percent of released prisoners for whom it issued detainers while they were still behind bars. While California has for some time handed over convicted criminals, who have completed their sentences, to ICE the state’s law restricts any cooperation between federal immigration enforcement and county jails, where those who have yet to be convicted are being held.
Trump officials have long wanted to access jails, while seeking to increase deportations. As an example, in Minnesota, Tom Homan, Trump’s border czar, has routinely pushed sheriffs to transfer prisoners from jails to federal custody in the current, ongoing immigration crackdown. This week, Homan stated that more counties have pledged to work with the agent, as state law there allows sheriffs to decide on collaboration.
Meanwhile, neither state prisons nor jails are allowed to hold a prisoner past their official release date, which is a common ask by federal immigration agents. Moreover, it is unclear which source the Trump administration used to claim there were more than 33,000 undocumented criminals in California’s jails. During 2025, the prison system recorded only 1,641 ICE detainers for the over 26,000 people released from custody in California.
