The Teller County Sheriff sharply criticized state lawmakers and the American Civil Liberties Union for enacting and enforcing laws he claims have made our state less safe.
The criticism stems from an appellate court ruling this month that blocks Sheriff Jason Mikesell from assisting federal Immigration and Customs Enforcement (ICE) agents through what's known as the 287(g) program.
"This has led to Colorado being an open cartel-welcoming state, and we deal with it every single day now as local law enforcement throughout Colorado," Mikesell told reporters Thursday during a news conference at the Teller County Sheriff's Office.
He gave an example of inmate Edgar Saenz Lopez, who was arrested in May on burglary charges in Woodland Park. Lopez had been released from prison on parole at the time from a 2019 burglary conviction in Eagle County.
"That person was allowed to be released multiple times and he continued to victimize Colorado residents," Mikesell said.
The 287 (g) program enables ICE to delegate specific immigration officer duties to state and local law enforcement partners to, "protect the homeland with the arrest and removal of noncitizens who undermine the safety of our nation's communities."
In 2019, the Colorado Legislature passed the Protect Colorado Residents from Federal Government Overreach Act on a party-line vote.
The law prohibits law enforcement officers from arresting or detaining someone based solely on their immigration status. It further restricts probation officers and employees from providing federal immigration authorities with an individual's personal information.
The ACLU of Colorado sued Sheriff Mikesell on behalf of five Teller County residents shortly after the law passed aiming to block Mikesell from participating in the 287 (g) program.
The district court ruled the plaintiffs lacked standing and dismissed the case . Then in 2022, the Colorado Court of Appeals reversed the ruling and sent the case back to the district court for trial.
In 2023, the district court again ruled in favor of the sheriff. The appellate court reversed the district court finding, "state or local law enforcement officers are prohibited from arresting and detaining individuals otherwise eligible for release under Colorado law on the basis of a civil immigration detainer."
Tim Macdonald, Legal Director for the ACLU of Colorado, applauded the ruling.
"Local law enforcement officers have no business acting as federal immigration agents and keeping immigrants in jail — especially when state law expressly forbids them from doing so," Macdonald said in a news release .
"The court's ruling sends an important message that no Colorado sheriff is above the law."
County Commissioner Dan Williams joined Mikesell at the news conference. He told reporters there was a false narrative that Teller County deputies actively look for migrants to arrest and turn over to ICE.
"These are folks that came to us through federal agencies that we work with, we expedite their processes, we got them in front of judges, we kept them connected to their families, we gave them medical care and health care if they needed it and we moved them along," Williams said.
He also questioned the rationality of a state law that prevents cooperation between state and federal law enforcement.
"What other element of society, of government, are we told not to cooperate with the federal government," Williams said.
"Should we stop paying taxes to the IRS? They're federal. Should we stop doing background checks for gun purchases at the federal level? That's federal."
Mikesell said he will continue to work with the county's legal team to consider his next step and is keeping all options open concerning an appeal.
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