DENVER – Today, an Arapahoe County District Court judge issued a preliminary injunction in an ACLU of Colorado case against Aurora landlords Avi Schwalb, Nancy Dominguez, and PHS Rent LLC. The injunction prohibits the landlords from threatening, intimidating, and harassing tenants Doe and Roe on the basis of their perceived immigration and citizenship status for the lifetime of the litigation.  

“This is welcome news for our clients. No family deserves to be harassed and threatened because of their immigration status,” said ACLU of Colorado Legal Director Tim Macdonald. “This case will not only impact their lives, but every tenant and every immigrant in the state. We’ll keep fighting for all of them.”  

The lawsuit, filed on January 28, 2025, alleges that the landlords repeatedly violated tenant protections in Colorado, including by denigrating the family’s country of origin, threatening to call immigration authorities, and even changing the apartment door locks without notice or legal proceedings in an attempt to get the family to vacate their home.  

In issuing the preliminary injunction, the court found the Plaintiffs were likely to succeed on their claim that the landlords’ past and threatened conduct violate Colorado's Immigrant Tenant Protection Act. That law protects the rights of tenants who are made vulnerable by their perceived immigration or citizenship status. It forbids landlords from, among other things, requesting information about a tenant’s immigration or citizenship status and disclosing or threatening to disclose such information to anyone, including immigration or law enforcement. It also forbids intimidating, harassing, or retaliating against a tenant for asserting their rights. 

In addition to Macdonald, the legal team includes ACLU of Colorado Senior Staff Attorneys Annie Kurtz and Emma Mclean-Riggs. Cooperating counsel on the case include Alec P. Harris and Alexandra K. Lewis of Faegre Drinker Biddle & Reath LLP. 

On January 31, 2025, the ACLU of Colorado and the Rocky Mountain Immigrant Advocacy Network (RMIAIN) sent a letter to school districts in Colorado to provide information about the legal rights of immigrant students in Colorado and the legal responsibilities of school districts towards their students.

The ACLU of Colorado and RMIAN were hearing from educators concerned about the federal government’s revocation of the “sensitive locations” policy and how that would affect their ability to educate their students. Likewise, families were expressing fear about sending their children to school at all.  The letter provides answers to some of the common questions that arise in schools and tools to help ensure that students feel welcome in all schools in Colorado. 

CRIPPLE CREEK — On January 29, 2025, the Teller County District Court entered final judgment in an ACLU of Colorado lawsuit challenging Teller County Sheriff Jason Mikesell’s immigration enforcement agreement—called a 287(g) agreement—with Immigration and Customs Enforcement (ICE). The Colorado Court of Appeals had earlier concluded that, notwithstanding the agreement with ICE, Sheriff Mikesell violated Colorado law by arresting people for civil immigration violations and holding them in jail when state law required their release. In a joint stipulation filed with the court, the parties agreed that the Sheriff’s unlawful detentions on ICE’s behalf will come to a permanent end.

In the parties’ stipulation, Sheriff Miksell acknowledged and agreed that his office has no authority to deny or delay the release of any individual detained in his jail on the basis of any ICE form. The parties also agreed to changes to documents governing the jail’s participation in the 287(g) agreement, including the agreement’s standard operating procedures, the jail’s custody manual, and other internal policies.

“Today marks an important victory in a years-long battle for immigrants’ rights in Colorado,” said Annie Kurtz, ACLU of Colorado Senior Staff Attorney. “This ruling is especially powerful today as a testament to the role state law can play as a bulwark of constitutional freedoms. As this case makes clear, Colorado need not participate in the federal government’s abusive practices.”

“The ACLU will continue to fight to ensure that Coloradans are protected from unlawful immigration enforcement actions, whether at the hands of the local, state, or federal government,” added ACLU of Colorado Legal Director Tim Macdonald.

In addition to Macdonald and Kurtz, the legal team included ACLU of Colorado Legal Director Emeritus Mark Silverstein and cooperating attorneys Stephen G. Masciocchi, Alexandria Pierce, and Hannah E. Armentrout of Holland & Hart LLP and Byeongsook Seo and Stephanie Kanan of Snell & Wilmer, LLP.