Interaction with the U.S. Immigration and Customs Enforcement

CDCR is required under Penal Code Section 5025 to identify individuals in its custody who may be subject to deportation within 90 days of intake into the prison system. To meet this requirement, CDCR conducts an initial inquiry with ICE for individuals who are foreign born. CDCR also complies with federal holds placed by ICE under Penal Code Section 5026. 

Shortly before an individual’s release, CDCR is required to review their file for state and federal holds, warrants, and detainers, including those placed by ICE. If the file indicates that an individual is a noncitizen, but no ICE detainer exists, CDCR contacts ICE to determine if a detainer will be placed. If an ICE detainer exists, within 10-15 days of an incarcerated person’s scheduled release date, CDCR contacts ICE to determine whether ICE intends to take custody of the individual upon release. Coordination with ICE is limited to the transfer of custody.  

Important: CDCR does not determine an incarcerated person’s immigration status. ICE is responsible for making all immigration determinations. 

No, CDCR will not hold an individual past their scheduled release date.

If ICE declines to pick up, release occurs as required by law. 

No, CDCR’s 2024 regulatory revisions removed the exclusionary criteria that previously prevented incarcerated persons from being housed in a Level I facility without gun coverage based on immigration status. The updated regulations also ensure that immigration status can no longer be used to restrict placement in any program or service, including security-level housing which encompasses both departmental fire camps and minimum support facilities, and Division of Rehabilitative Programs (DRP) community–based re-entry facilities.  

As part of its daily operations, CDCR interacts with a variety of external law enforcement and government agencies to ensure public safety and compliance with legal requirements. These interactions include communications with ICE related to an individuals’ immigration status or a detainer. Coordination with external agencies is conducted in accordance with state and federal laws, including Penal Code Sections 5025 and 5026, as well as applicable court rulings and legislative mandates. 

Yes. When the California Values Act (SB 54) was signed into law in 2017, it established requirements governing local and state law enforcement agencies’ interactions with ICE. However, Government Code Section 7284.4 specifically excludes CDCR from some of these provisions. Separately, the Act imposes requirements on CDCR for individuals in custody with immigration-related holds or requests from ICE. 

In compliance with SB 54, CDCR developed procedures to protect the rights of individuals with ICE requests. These include: 

• Providing a consent form that informs individuals of their right to decline ICE interviews or have an attorney present during such interviews. 

• Notifying individuals of any ICE detainer placed on them through a “Notice of Detainer.” 

Additionally, CDCR complies with SB 54’s prohibitions against restricting access to in-prison educational, rehabilitative, and credit-earning opportunities based solely on immigration status. Immigration status is also not a factor in determining custodial classification or program eligibility. 

When individuals are received at a CDCR Reception Center, they are asked about their place of birth and citizenship. When reviewing intake documents to determine whether an incarcerated person may be foreign-born, CDCR may have multiple sources of information with conflicting information.  When presented with conflicting information, CDCR will request verification of the individual’s immigration status with ICE.  

If, during a prior term of incarceration, CDCR has received information from ICE that the individual is a U.S. citizen because he or she was born in the U.S., CDCR will not refer the individual to ICE.