CIRC Statement: Court Issues Immediate Injunction On El Paso County’s Practice of Holding People In Violation of Constitutional Rights

March 20, 2018

The Colorado Immigrant Rights Coalition (CIRC) applauds the El Paso County court’s decision to place an immediate injunction on El Paso County Sheriff’s Office illegal practice of holding people for ICE without a warrant in violation of 4th amendment rights.

In response to the decision CIRC Campaigns Director, Brendan Greene, states:

“When Sheriffs hold people for ICE in violation of their rights or notifies ICE of release dates this destroys the trust they need to do their jobs. Sheriffs cannot make our communities safer if the community is afraid to collaborate with them because they are holding people for ICE and communicating with them about release dates”

“This decision today highlights the fact that ICE cannot be trusted. ICE is currently repackaging and selling a series of new programs to Colorado Sheriffs and telling them they have authority to hold people for ICE without a warrant, when, as today’s decision shows, they do not. They are alleging ICE can transfer custody, simply by sending a fax when they cannot.

ICE is lying to Sheriffs as they have done repeatedly over the past decade….they misled Sheriffs when they said immigration detainers were mandatory…and they have misled Sheriff Elder when they told him he can hold people in his facilities under an I-247A detainer and notification request that is not backed by a warrant.

Sheriff Elder was right by the law, and in his good faith attempt to collaborate with a federal agency, he has been hung out to dry. We call on ICE to stop their campaign of misinformation with Colorado Sheriffs. As a federal agency, ICE should be standing to help our local jurisdictions protect our nation’s constitution, not attempting to bully our local sheriffs into holding people and notifying ICE of release dates without due process or probable cause.

“We call on all Colorado sheriffs to continue to defend the constitution and not be tricked by ICE’s misinformation campaign. We look forward to working with Sheriff Elder to repair the damage that has been done by ICE and make sure that all El Paso county residents can trust calling their local sheriffs knowing their rights will be protected.”

 

In response to the decision, CIRC Southern Regional Organizer Edwin Ruiz, states:

“The court’s decision supports our community’s values of restoration, rehabilitation, family and thus, the community. Now that the injunction is granted, we must move forward to rebuild community trust in El Paso County. I believe that the El Paso County Sheriff’s office has the best intentions to protect the community, I am sure they want to treat all residents equally regardless of their national origin. Programs such as la academia Latina” and “Cafecito with el sheriff” have been critical in building trust, today’s injunction means the sheriff’s office will be unable to hold people without probable cause, opening the door to continue to build  trust between the community and law enforcement.”