EL PASO COUNTY — El Paso County Sheriff Joe Roybal brought back policies on Monday that allow deputies to communicate with U.S. Immigration and Customs Enforcement (ICE) about undocumented immigrants held at the El Paso County Jail.
The reinstated rules require jail staff to contact ICE immediately if a new inmate was not born in the United States or if there is reasonable suspicion they may be in the country illegally. It is then up to ICE to conduct its own investigation. The policy says staff members will not ask the arrestee their immigration status.
The updated policies also let deputies contact ICE when an inmate with a civil immigration detainer is beginning the release process or is bonding out of jail. If ICE agents arrive at the jail before the out-processing is done, the sheriff's office will transfer the inmate to federal custody. If ICE agents do not arrive before the out-processing is finished, the inmate will be released. The policy said the release procedure will not exceed six hours.
Current Colorado law prohibits local law enforcement agencies from arresting or detaining anyone solely based on a civil immigration detainer and agencies cannot hold an inmate past their release date at the request of ICE. Sheriff Roybal said he believes the updated policies are legal.
"We want to hold violent criminals accountable who are here in the United States illegally," said Sheriff Roybal during a news conference Monday morning. "I have worked with ICE. We have discussed this. I have worked with my attorneys to make sure we are following the current Colorado law as written."
During the news conference, Sheriff Roybal announced proposed legislation backed by more than a dozen sheriffs across Southern Colorado to further their offices' partnerships with ICE. If passed, the bill would allow local law enforcement to work closer with federal immigration authorities and enter into contracts with ICE to hold undocumented criminal immigrants in custody at the request of ICE. The proposed legislation is almost identical toa bill introduced by the group of sheriffs and Republican elected officials during last year's legislative session, which was postponed indefinitely in the House State, Civic, Military and Veterans Affairs Committee.
"We want to apprehend criminals, specifically violent criminals, such as drug dealers, human trafficking, rapists, homicide suspects. Those are the people we want to go after," said Teller County Sheriff Jason Miksell, who was at Monday's press conference to show support for the bill. "We have no desire to deal with families, do roundups of single moms, grandparents, or any other undocumented, illegal aliens. If they are not committing erogenous crimes on our communities, we don't want them."
Sheriff Roybal pointed to the recent arrest of 41-year-old Jose Daniel Paramo Guerra to push for support for the proposed legislation. Guerra was arrested last Thursday after deputies got a call about an individual breaking into vehicles along Preminger Drive in the Security-Widefield area of unincorporated El Paso County. The sheriff's office said Guerra was driving a stolen vehicle and deputies found a stolen gun, heroin, a large quantity of marijuana, items consistent with narcotics distribution, and fake immigration documents inside the car.
At the time of publishing this article, Guerra is currently in the El Paso County Jail and is being held on $50,000 bond. Sheriff Roybal said if the suspect posts bond he will be allowed to walk free pending his next court date. However, under the proposed legislation, the sheriff's office would have the ability to keep the suspect in custody on an ICE detainer.
"While keeping those criminals inside the jail, it reduces that risk because they are no longer on the street with propensity to re-offend and generating more victims," said Sheriff Roybal.
News5 reached out to Governor Jared Polis' office to ask if the governor supports the newly introduced legislation allowing local law enforcement to work closer with ICE. The governor's office sent the following statement:
“Governor Polis has been clear that Colorado will work with federal law enforcement agencies in apprehending dangerous criminals to make Colorado safer. Colorado is not a sanctuary state. When it comes to criminal investigations or prosecutions, local law enforcement should be working with federal partners, in accordance with state and federal law, to fight crime and respond when asked."
ACLU Colorado sent News5 the following statement about the new bill:
“The ACLU of Colorado is committed to protecting the rights of all Coloradans, including our state’s immigrant communities and families. We reiterate that Colorado law restricts state and local law enforcement’s involvement in the enforcement of federal civil immigration law. Collaborating with Immigration and Customs Enforcement risks betraying community trust and can deprive residents of their rights guaranteed under the Colorado Constitution and state law. We urge law enforcement to consider their duty to serve all members of the public, and not engage in civil immigration enforcement measures that can threaten to tear families apart and destabilize communities.”
___
Jungle Reef ordered to stop work in Colorado Springs
News5 wanted to know what prompted the stop work order and reached out to the Pikes Peak Regional Building Department.
____
Watch KOAA News5 on your time, anytime with our free streaming app available for your Roku, FireTV, AppleTV and Android TV. Just search KOAA News5, download and start watching.
