DENVER - 4/30 - Earlier today, Denver County Sheriff Gary Wilson announced that Denver will join the growing number of Colorado counties that have decided over the last two days to stop honoring immigration detainers from federal authorities that request that a person be held in jail for up to six days after they would otherwise be released.

Yesterday, the ACLU of Colorado sent letters to every sheriff in the state calling into question the legal authority under Colorado state law to detain people at the behest of Immigration and Customs Enforcement (ICE).  Sheriffs from around the state have responded by announcing that they will no longer honor the holds.  As of today, Denver joins Boulder County, Mesa County, Routt County, Jefferson County, Grand County, and San Miguel County.

Statement of ACLU of Colorado Public Policy Director Mark Silverstein

“For several years, the ACLU of Colorado has urged Colorado law enforcement to stop holding persons in custody on the sole authority of an immigration detainer sent by Immigration and Customs Enforcement (ICE).  Today, we are happy to announce that several counties, including Denver, have decided over the last 48 hours to reject ICE requests to detain residents without criminal warrants or legal justification.

“The cascade of recent decisions by Colorado sheriffs reflects good judgment that getting involved in immigration enforcement undermines community trust in the police and makes everyone less safe.  Local law enforcement’s top concerns should be community trust and public safety.  Victims and witnesses of crimes should not fear calling the police, but that’s what happens when the community fears that contact with law enforcement can be the first step in a seamless transfer to jail and then to immigration proceedings.

“An ICE detainer is not a warrant; it is not approved by a judge.  It does not mean that there has been a finding about the person’s immigration status.   It does not even mean that ICE has probable cause to believe the person is deportable.  Indeed, ICE makes mistakes—it has regularly issued detainers against citizens or legal residents and denied liberty to people who are not deportable.

“When ICE asks a sheriff to hold a prisoner for up to six extra days, the agency is essentially asking the sheriff to make a new arrest.   And Colorado law just does not provide authority to sheriffs to make that arrest.   Peace officers in Colorado have authority to deprive persons of liberty when there is probable cause to believe they have committed a crime.   Remaining in the country in violation of federal immigration laws is not a crime.   Colorado law does not provide sheriffs any authority to deprive persons of liberty because the federal government suspects they may be subject to civil immigration enforcement proceedings.

We applaud Denver’s decision, as well as the growing number of Colorado sheriffs who are making the same decision.  We expect this rapidly developing trend to continue, and we encourage every county in the state to join in rejecting federal immigration detainers."

Read the ACLU letter to Colorado Sheriffs here.

ACLU will announce additional counties that will reject ICE requests to detain residents without criminal warrants or legal justification

April 30, 2014
DENVER – Several counties around the state have announced over the last 48 hours that they will stop honoring immigration detainers from federal authorities that request that a person be held in jail for 48 hours or longer after they would otherwise be released.
Yesterday, the ACLU of Colorado sent letters to every sheriff in the state calling into question the legal authority under Colorado state law to detain people at the behest of Immigration and Customs Enforcement (ICE). Sheriffs from around the state have responded by announcing that they will no longer honor the holds.
This afternoon, at a press conference at the offices of the ACLU of Colorado, we will announce additional counties that have agreed to stop detaining people past their release date, and immigration advocates and community leaders will weigh in on the recent developments, giving perspective on the community impact of these decisions.
Who:
Denver City Councilman Paul Lopez Julie Gonzalez, Colorado Latino Forum Brendan Greene, Colorado Immigrant Rights Coalition Alexis Menocal Harrigan, Intercambio Denver Violeta Chapin, University of Colorado Law School Mark Silverstein, American Civil Liberties Union Hans Meyer, Immigration Attorney
Where:
ACLU of Colorado 303 E. 17th Ave. Suite 350 Denver, CO 80203
When:
1:00 pm MT
Contact:
John Krieger, ACLU of Colorado Communications Director (720) 402-3111 [email protected]
Read the ACLU letter to Colorado Sheriffs here: http://static.aclu-co.org/wp-content/uploads/2014/04/2014-04-21-Wilson-Silverstein.pdf

April 28, 2014
DENVER - Statement of ACLU of Colorado Public Policy Director Denise Maes on SB 64, a bill to ban long-term solitary confinement of prisoners with serious mental illness, which passed the Colorado House of Representatives this morning after receiving unanimous approval by the Senate earlier this month. 

“The ACLU of Colorado commends the state legislature for banning the cruel, costly, and unlawful practice of warehousing prisoners with serious mental illness in long-term solitary confinement.
“This legislation, passed with overwhelming bipartisan support, solidifies and provides critical funding for policies initiated recently by Department of Corrections Director Rick Raemisch that provide adequate out-of-cell treatment for prisoners with serious mental illness, rather than sticking those prisoners in 23 hour-a-day solitary cells.  Treatment aimed at rehabilitation is critical, because 97% of today’s prison population will eventually return to our communities and live as our neighbors.
“The legislature’s overwhelming support of SB 64 is also a fitting tribute to the legacy of the late Tom Clements. Today’s vote moves Colorado one step closer to realizing the former Director’s stated desire of bringing greater safety to the public and humanity to the prisons by ending our state’s historic over-reliance on solitary confinement.
“The ACLU of Colorado values our ongoing partnership with Director Raemisch and his staff, as we continue to work together toward our mutual goal of ending the brutal and inhumane use of long-term solitary confinement in all forms.”
Visit the Stop Solitary campaign page at: https://aclu-co.org/campaigns/stop-solitary/  

Read our report on mentally ill Colorado prisoners in solitary confinement: https://aclu-co.org/news/co-prisons-continue-to-warehouse-mentally-ill-in-solitary-confinement

Watch Out of Sight, Out of Mind – The Story of Sam Mandez, about a Colorado man who spent more than 15 years in solitary confinement and suffers from debilitating mental illness: http://vimeo.com/78840078