An agreement for Teller County sheriff’s deputies to serve as designated immigration officers was upheld by a state judge and the sheriff says he is training several other agencies to participate.
Teller County Sheriff Jason Mikesell has been in a long war with the ACLU of Colorado since the early days of the first Trump administration over his decision to help U.S. Immigration and Customs Enforcement do its work.
Back in the 2010s, Mikesell was holding inmates for longer than their sentences, or after they had posted a cash bond, at ICE’s request. He was contracting with the federal government to hold ICE inmates at his jail. And some of his deputies were sworn federal officers and could conduct duties for both jobs — though not at the same time.
The ACLU sued him and the case went all the way to the state Court of Appeals, which narrowly ruled that local law enforcement cannot hold people for longer than their sentences at ICE’s request. But the court also stipulated that Mikesell and the county can continue work at the federal government’s request in the so-called “287g” program.
That means Mikesell can have deputies who also work as federal “designated immigration officers.”
“They thought that I was a small sheriff’s office and they could pick on us,” Mikesell said. “Sheriff’s offices and police departments need not fear these people and yes, does it cost money to defend? But really you’re defending clear cut laws in Colorado to do things. After seven years, I’m still standing.”
Given the long fight between the ACLU and Teller is at a pause for now, some bigger sheriff’s offices have announced plans to adopt the 287g program — though officials say it’s unclear whether there will be any ramifications for the state’s criminal justice system.
The El Paso County sheriff recently announced they, too, will notify ICE when an individual is scheduled for release, which should give federal immigration officials time to get to the jail and take an inmate into custody if they want to. In a press conference, El Paso County Sheriff Joe Roybal said they will hold people “for no longer than six hours” after their scheduled release, which they say complies with state laws.
Denver and other counties also notify ICE before inmates they inquire about are released, but they don’t hold them any longer than necessary.
Advocates are already challenging El Paso’s six-hour hold.
“The ACLU will continue to fight to ensure that Coloradans are protected from unlawful immigration enforcement actions,” said Tim Macdonald, the ACLU legal director.
Last week, the acting ICE director flew to Colorado to be a part of an immigration enforcement action in Denver and Aurora. In a video posted to X, he cited Colorado’s laws prohibiting jails from holding people at ICE’s request for making it harder for ICE.
Still, both Mikesell and El Paso officials have said they aren’t targeting people who don’t have criminal histories or any pending actions in the state’s criminal justice system.
“It's the people that have committed crimes. That's who the 287g goes after. So after all these things are said and done from the ACLU, the only thing that they have slowed down is the arrest and detention of known criminals in Colorado,” Mikesell said. “Because none of the 287g deputies deal with just illegal immigrants.”
- El Paso, Teller county sheriffs renew formal collaboration with ICE, saying ‘We only want to deal with people that commit crimes in Colorado’
- Colorado appeals court bars sheriffs from detaining inmates for federal immigration authorities after they’re eligible for release
- ACLU Sues Teller County Sheriff For Holding Inmates Past Sentences At ICE’s Request
