TELLER COUNTY — A court case has concluded that provides better clarification about what the Teller County Sheriff's Office can and can't do when assisting Immigration and Customs Enforcement (ICE).
Teller County Sheriff Jason Mikesell had filed an appeal against the American Civil Liberties Union of Colorado over a lawsuit filed against him as the acting sheriff in 2019 regarding the Sheriff's authority to enter a 287(g) agreement with ICE. On January 28, the two groups entered a joint stipulation to the appellate court judge, ultimately becoming the final resolution in the case on January 29.
In that stipulation, it preserves the sheriff's right to enter into a 287(g) agreement with ICE but also lays out what members designated as Designated Immigration Officers (DOIs) can and cannot do.
What is a 287(g) agreement?
A 287(g) agreement is a written agreement between ICE and a state or political subdivision of a state where ICE trains and certifies local officers to designate them as DOIs.
According to the Teller County Sheriff's Office, they entered their 287(g) agreement with ICE in 2019, following that agreement the ACLU of Colorado filed suit against this agreement saying the DOIs with the sheriff's office were operating against Colorado law.
Under the new stipulation the Teller County DIOs have the following authority under 287(g) Agreement with ICE:
1. to interrogate any person believed to be an alien as to his or her right to be or remain in the United States (INA § 287(a)(1) and 8 C.F.R. § 287.5(a)(1)), and to process for immigration violations any removable alien or those aliens who have been arrested for violating a Federal, State, or local offense;
2. to administer oaths and to take and consider evidence (INA§ 287(b) and 8 C.F.R. § 287.5(a)(2)), to complete required criminal alien processing, including fingerprinting, photographing, and interviewing of aliens, as well as the preparation of affidavits and the taking of sworn statements for ICE supervisory review;
3. to prepare charging documents (INA Section 239, 8 C.F.R. 239.1; INA Section 238, 8 C.F.R 238.1; INA Section 241 (a)(5), 8 C.F.R 241.8; INA Section 235(b)(1), 8 C.F.R. 235.3) including the preparation of a Notice to Appear application or other charging document, as appropriate, for the signature of an ICE officer for aliens in categories established by ICE supervisors; and
4. to issue immigration detainers (8 U.S.C. § 1226 and 1357, and 8 C.F.R. § 287.7), and I-213, Record of Deportable/Inadmissible Alien, for processing aliens in categories established by ICE supervisors. Teller County DIOs have the following supervisory and administrative responsibilities under the 287(g) Agreement include:
1. notifying ICE of any immigration detainer issued under the authority as soon as possible, but no longer than approximately 24 hours;
2. ensuring proper record checks have been completed; and
3. reporting all encounters with asserted or suspected claims of U.S. citizenship to ICE immediately, but generally within one hour of the claim.
What does the join stipulation not allow?
In a joint stipulation filed on January 28, it was clear that attorneys with the ACLU and the sheriff's office had come together to iron out some of the clauses and find common ground regarding Colorado law and what the sheriff's office could do. In the joint stipulation, the sheriff's office had revised what DIOs have the power and authority for. Essentially, the ruling means deputies can work with ICE but they cannot act as ICE agents.
The new DIO form now states that DIOs and deputies with the Teller County Sheriff's Office do not have the power or authority to:
- The power and authority to serve warrants of arrest for immigration violations.
- The power and authority to detain and transport arrested aliens to ICE-approved detention facilities.
- Sheriff Mikesell acknowledges and agrees that TCSO does not have the authority to arrest or detain individuals based on any ICE form.
- The power and authority of DIOs to serve and execute warrants of arrest for immigration violations, and the related duty and authority of TCSO to continue to hold aliens in TCSO’s jail for up to 48 hours.
- The power and authority of DIOs to serve warrants of removal, and the related duty and authority of TCSO to continue to hold aliens in TCSO’s jail for up to 48 hours.
- The power and authority of DIOs to detain and transport arrested aliens.
- The Parties have stipulated to amend TCSO’s Custody Manual and Booking Post Orders to comply with the Court of Appeals’ decision by clarifying that when persons held at the Teller County Jail are release-eligible under Colorado law, the Jail shall not deny or delay their release based solely on an ICE form or combination of forms
Click here to read the joint stipulation for yourself.
How can the sheriff's office work with ICE?
In a news release, Sheriff Mikesell said he was pleased with the Teller County District Court and Colorado Court of Appeals to recognize his authority to enter the agreement with ICE. According to the sheriff's office their 287(g) agreement with ICE is a jail enforcement model, which means their cooperation with ICE begins only after an individual is arrested on state or local criminal offenses.
The Sheriff's Office was working with Colorado Lawmakers to adjust the wording of HB19-1124 which kicked off the ACLU's lawsuit against the sheriff's office in 2019.
Watch Sheriff Mikesell hold briefing over state immigration policies
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