How California’s TRUST Act Can Help You Fight an ICE Hold

If ICE has placed a hold on you while you are in a California county jail, that does not automatically mean you will be transferred to immigration custody. California’s TRUST Act limits when local law enforcement can hold someone for ICE, and in many cases, the hold should not be honored at all.

The TRUST Act was designed to reduce unnecessary cooperation between county jails and ICE, especially when a person does not fall into a narrow category of qualifying offenses. When it applies, it can prevent an ICE transfer and give you a critical chance to fight your immigration case from outside detention.

What California’s TRUST Act Actually Does to Block ICE Holds

California’s TRUST Act, codified in California Government Code Section 7282.5, restricts when county jails and local law enforcement can comply with ICE hold requests.

The law was passed specifically because ICE was using local jails as a pipeline to feed people into the immigration enforcement system, often on minor or non-existent criminal charges.

Under the TRUST Act, California law enforcement can only honor an ICE hold if the noncitizen  has been convicted of certain serious or violent felonies.

The list of qualifying offenses is narrow and includes crimes like:

• Murder and manslaughter
• Rape and sexual assault
• Serious drug trafficking with significant quantities
• Kidnapping
• Robbery with weapon enhancements
• Arson causing great bodily injury

If your conviction doesn’t fall into one of these categories, the sheriff legally cannot hold you for ICE. They must release you when you’ve posted bail, completed your sentence, or when charges are dropped.

Which Convictions Allow Jails to Honor ICE Holds in California

The TRUST Act doesn’t leave this determination up to local discretion. California Government Code Section 7282.5(a) lists specific offenses that allow law enforcement to honor ICE holds:

• Serious felonies as defined in Penal Code Section 1192.7(c)
• Violent felonies as defined in Penal Code Section 667.5(c)
• Felonies punishable by imprisonment in state prison
• Federal felony charges for which an arrest warrant has been issued

What’s not on this list matters just as much:

• Misdemeanors don’t qualify
• Most drug possession charges don’t qualify
• Many property crimes don’t qualify
• DUI offenses typically don’t qualify
• Domestic violence misdemeanors don’t qualify

If your offense doesn’t match the specific criteria, the TRUST Act protects you from extended custody.

How to Fight an ICE Hold Under the TRUST Act

If you’re being held on an ICE hold that doesn’t meet TRUST Act requirements, you need to act quickly. Here’s what to do:

Gather Your Criminal Records

Get copies of:

• Charging documents showing exactly what offense you’re accused of
• Court records showing conviction status
• Sentencing paperwork with specific offense codes
• Any dismissal or reduction orders

Submit a Written Release Request

File a written request to the jail that includes:

• Your full name and booking number
• Citation to California Government Code Section 7282.5
• Explanation of why your conviction doesn’t qualify
• Copies of your criminal case documents
• Request for immediate release

Contact an Immigration Attorney Immediately

Immigration holds move fast. Once you’re transferred to ICE custody, your options narrow significantly. An attorney can:

• File emergency motions in state court
• Contact the sheriff’s office directly with legal demands
• Escalate to federal court if necessary
• Document TRUST Act violations for potential civil claims

File a Habeas Corpus Petition if the Jail Refuses

If the jail won’t release you despite the TRUST Act, your attorney can file a state habeas corpus petition arguing that your continued custody violates California law.

Why Some California Jails Still Violate the TRUST Act

Despite clear legal requirements, some California counties still cooperate with ICE beyond what the TRUST Act allows. This happens for several reasons:

• Sheriffs interpret the law narrowly or claim confusion about qualifying offenses
• Jail staff don’t properly review criminal records before honoring ICE requests
• Conservative counties prioritize immigration enforcement over state law
• ICE pressures local law enforcement to cooperate despite legal restrictions

The consequences of these violations are real. People spend extra days or weeks in jail waiting for ICE transfer, miss work, lose housing, and get separated from their families—all because local law enforcement didn’t follow California law.

ICE Holds vs. ICE Warrants

Understanding this distinction matters when using California’s TRUST Act to fight your ICE hold:

ICE Hold (Immigration Detainer):

• Just a request from ICE to hold you 48 extra hours
• Has no legal authority on its own
• Voluntary cooperation between jail and ICE
• Most common type of ICE action

ICE Warrant:

• Judicial order signed by a federal district court judge (including a magistrate)
• Carries more legal weight than a simple hold
• Still doesn’t automatically override the TRUST Act
• Courts have found these warrants don’t satisfy Fourth Amendment probable cause requirements

According to federal regulations at 8 C.F.R. § 287.7, ICE detainers request that jails hold individuals for up to 48 hours beyond their release time. Under the TRUST Act, California law enforcement cannot honor a simple ICE hold request unless your conviction falls into the narrow categories outlined in the statute.

What Happens After You’re Released Despite an ICE Hold

If the jail releases you under the TRUST Act, ICE doesn’t disappear. They may attempt to locate and arrest you later, but you’ll have bought yourself critical time to:

• Consult with an immigration attorney about your options
• Gather evidence for potential relief from removal
• Apply for bond or other forms of release if later detained
• Arrange your affairs and prepare your family
• Potentially relocate to address immigration issues on your own terms

Being released from county jail doesn’t resolve your immigration case, but it prevents you from being immediately funneled into immigration custody where your options are significantly more limited.

Additional California Protections That Work with the TRUST Act

The TRUST Act works alongside California’s Values Act (SB 54), codified in California Government Code Sections 7284-7284.12. The Values Act further restricts how California law enforcement can cooperate with ICE:

• Prohibits law enforcement from asking about immigration status
• Limits when they can share release dates with ICE
• Restricts ICE access to interview people in custody
• Prevents the use of local resources for immigration enforcement
• Completely bans honoring ICE holds in all cases, even for qualifying felonies

Together, these laws create a framework designed to separate local criminal justice from federal immigration enforcement. But they only work if you know they exist and demand that law enforcement follow them.

Want to Use California’s TRUST Act to Fight Your ICE Hold? Contact Us

The U.S. immigration system routinely tramples over state laws designed to protect people from removal pipelines. Local jails violate the TRUST Act because they know most people in custody don’t understand their rights or have access to attorneys who will fight back immediately.

At the Law Office of Lina Baroudi, we know how to use California’s sanctuary laws to challenge improper ICE holds and get clients released from county custody.

If you or someone you know is being held on an ICE hold in a California county jail, time matters. Contact us today to discuss whether the TRUST Act applies to your case and how we can secure your release before ICE takes custody.