Minnesota Corrections and Homeland Security Disagree on Immigration Holds
The Minnesota Department of Corrections has contacted all county jails in the state to determine the number of individuals with immigration detention holds. According to Corrections Commissioner Paul Schnell, the total number is 94, which, when combined with the 207 people with immigration holds in Minnesota prisons, is significantly lower than the 1,360 people claimed by the U.S. Department of Homeland Security.
The discrepancy in numbers has sparked a debate between the Minnesota Department of Corrections and the U.S. Department of Homeland Security. Schnell emphasized that the actual number of individuals with immigration holds is “nowhere close” to the 1,360 figure cited by DHS. Meanwhile, a U.S. Immigration and Customs Enforcement official stated that the 1,300 number is statewide and includes counties that have lodged detainers.
Understanding Immigration Detainers
Immigration detainers are requests from ICE to local law enforcement agencies to hold individuals in custody for an additional 48 hours, allowing ICE to take custody of the individual. However, state law in Minnesota prohibits local law enforcement from holding individuals solely based on civil immigration detainer requests from ICE, as noted in a legal opinion by Minnesota Attorney General Keith Ellison.
According to Schnell, the “vast majority of sheriffs across the state do provide notification to ICE” of individuals with immigration holds. When a person is arrested and booked into a county jail, ICE works to determine their legal status. If an individual has an immigration hold, ICE is notified, and arrangements are made for pickup. For example, at the Dakota County jail, ICE placed roughly 80 detainers last year, and in every case, ICE was notified of the individual’s release.
Discrepancies in Reporting
DHS has repeatedly stated that 1,360 people in Minnesota have detention holds, but Schnell argues that this number is inaccurate. He pointed out that many of the individuals cited by DHS were not in DOC custody, and some had been released directly to ICE years or even decades ago. Schnell emphasized that when it comes to transferring individuals with immigration holds, “their custody was transferred from the DOC directly to (ICE). They were not picked up in the community, as is implied.”
Furthermore, Schnell highlighted a specific case where two individuals, Meng Khong Yang and Joshua Fornoh, were transferred from prison to ICE custody on January 12. Despite this, DHS included them in a press release listing “criminal illegal aliens arrested yesterday during Operation Metro Surge.” Schnell emphasized that the transfer was a coordinated effort between DOC and ICE, and the individuals were not released into the community.
Seeking Clarification
Schnell has requested a meeting with DHS to “square up these numbers, to talk about things that we think could improve processes.” However, as of Thursday morning, there had been no response to these inquiries. Schnell wants the public to understand that DOC operates state prisons, not county jails, and that they do not decide who receives an ICE detainer.
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Federal agents search for an address along Thomas Avenue near Avon Street in St. Paul’s Frogtown neighborhood on Friday, Jan. 16, 2026. (John Autey / Pioneer Press)
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