Did tim waltz release undocumented criminals from custody

Checked on February 2, 2026
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Executive summary

The Department of Homeland Security has publicly accused Minnesota officials — including Governor Tim Walz — of allowing hundreds of noncitizens with ICE arrest detainers to be released from state and local custody, but state records and officials dispute the magnitude and framing of those claims; there is no sourced evidence that Walz personally ordered blanket releases, and a federal probe and subpoenas are underway to clarify the facts [1] [2] [3] [4].

1. What DHS and ICE are alleging: hundreds released and thousands with detainers

Federal statements from DHS and ICE say Minnesota jurisdictions are refusing to honor more than 1,360 ICE arrest detainers and assert that “nearly 470” criminal noncitizens have been released into communities since the current administration took office, language framed as a call for Governor Walz and Mayor Frey to change policies and turn over individuals to federal custody [1] [2].

2. The state’s rebuttal and contradictory numbers

Minnesota’s Department of Corrections pushed back, calling federal claims “false” and noting that the DOC’s own records show it notified ICE and honored detainers and that the DOC released 84 people to ICE in 2025 while even facilitating transfers — a stark contrast to DHS’s public tally and indicative that systems, timeframes, and data definitions are not aligned between agencies [3].

3. The political and rhetorical context shaping the dispute

The exchange is deeply political: DHS and conservative outlets tie the issue to “sanctuary” policies and portray Walz as responsible for public safety lapses, while Minnesota leaders and sympathetic reporting emphasize statutory limits on state authority to enforce federal immigration law and the state’s recent policies expanding licenses and services for undocumented residents — background that shapes how each side counts and interprets custody events [5] [6] [7].

4. Legal and investigative developments: subpoenas and DOJ inquiry

The Justice Department has issued subpoenas to Walz, Attorney General Keith Ellison, and Mayor Frey as part of a broader investigation into whether state and local policies impeded federal immigration enforcement, and congressional oversight requests have sought documents dating back to January 2024 — steps that reflect the dispute moving from public accusations to formal evidentiary review [4] [8] [9].

5. Limits of publicly available evidence and what can (and cannot) be concluded now

Public records cited by DHS and the state diverge on counts, periods, and which facilities are included; Hennepin County and other localities have different practices for honoring ICE detainers, and the DHS assertions include examples of particular cases that are disputed in local reporting — together these discrepancies mean it is not possible from available reporting to verify DHS’s headline claim that Walz “released hundreds” in the sense of a direct gubernatorial action or policy ordering releases [10] [3] [2].

6. Bottom line: did Tim Walz release undocumented criminals from custody?

There is no sourced evidence that Governor Tim Walz personally ordered or directly executed mass releases of undocumented people in violation of detainers; DHS alleges hundreds were released and calls on Walz to change practice, Minnesota officials say their records show compliance with detainer notifications and point to specific lower counts, and the DOJ/court subpoenas now seek documentary proof to resolve the core factual disputes — the matter remains contested and under formal investigation [1] [3] [4] [9].

Want to dive deeper?
What do Minnesota county jails report about ICE detainer compliance and releases since 2024?
What records has the DOJ requested in subpoenas to Governor Walz and Mayor Frey in the immigration probe?
How do ICE detainers work legally, and what discretion do state and local agencies have to honor or refuse them?