Judges Disagree About Detaining Prisoners For ICE In Colorado

COLORADO SPRINGS, CO – By Corey Hutchins for The Colorado Independent. The question of whether local law enforcement in Colorado can hold suspected unauthorized immigrants past their release dates for ICE is in the legal crosshairs with one judge’s answer now in conflict with another judge’s — from the same judicial district.

In March, 4th Judicial District Judge Eric Bentley in Colorado Springs ruled an agreement El Paso County Sheriff Bill Elder had with federal immigration authorities to hold inmates beyond their release dates violates state law. The judge said doing so without an order signed by a federal judge constitutes a “warrantless arrest.”

But a ruling just this week by Judge Lin Billings Vela, also in the 4th Judicial District, allows, thus far, neighboring Teller County’s Sheriff Jason Mikesell to keep his own agreement to hold onto a suspected unauthorized immigrant upon release for U.S. Immigration and Customs Enforcement.

The ACLU of Colorado sued the sheriffs in both cases.

READ MORE in The Colorado Independent

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