California — The U.S. Department of Homeland Security (DHS) criticized California Governor Gavin Newsom after he pardoned a Cambodian national previously convicted of attempted murder and assault with a firearm.
According to DHS, Somboon Phaymany lost his lawful permanent resident status following his criminal convictions and was issued a final order of removal by an immigration judge in 2019. The agency said the governor’s pardon could allow him to reopen immigration proceedings and potentially remain in the United States.
“Governor Newsom pardoning an illegal alien convicted of attempted murder, so he can remain in our country, is absolute insanity,” said Assistant Secretary Tricia McLaughlin in a statement. She said the pardon removed the qualifying convictions that made Phaymany removable under federal immigration law.
Under federal immigration statutes, certain criminal convictions can trigger removal proceedings for noncitizens, including lawful permanent residents. A gubernatorial pardon can affect the immigration consequences of some convictions, though the ultimate determination rests with federal immigration authorities and courts.
DHS also cited broader enforcement data in California. As of Feb. 6, 2026, Immigration and Customs Enforcement (ICE) had 33,179 active detainers lodged for individuals it identifies as criminal noncitizens in California’s local, state, and federal facilities, according to the agency. DHS said 4,561 detainers had not been honored by California jurisdictions since Jan. 20, 2025, resulting in individuals being released from custody.
ICE detainers are requests asking local law enforcement agencies to hold an individual for up to 48 hours beyond their scheduled release so federal authorities can assume custody. California’s sanctuary policies limit cooperation with federal immigration enforcement in certain circumstances.
DHS listed several cases of individuals it said were released from custody after detainers were not honored. In multiple instances, ICE later apprehended or removed the individuals following subsequent arrests or federal action.
Governor Newsom’s office did not immediately respond to the DHS statement. California officials have previously defended the state’s policies, arguing they prioritize public safety while maintaining trust between immigrant communities and local law enforcement.
The case highlights ongoing tensions between federal immigration authorities and state leaders over pardons, detainers, and the enforcement of immigration laws.
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