Court of Appeals rules Teller County agreement with ICE ‘unlawful’

TELLER COUNTY, Colo. (KRDO) - The Colorado Court of Appeals ruled in favor of the ACLU finding that the 287(g) agreement between Teller County Sheriff Jason Mikesell and Immigration and Customs Enforcement (ICE) is unlawful in Colorado.

The three-judge panel on the Colorado Court of Appeals found the 287 (g) agreement, which allowed Teller County deputies to act as an extension of ICE, was not legal under Colorado law.

House Bill 19-1124 was cited in the judges' decision. HB19-1124, passed in May 2019, "prohibits a law enforcement officer from arresting or detaining an individual solely on the basis of a civil immigration detainer," and doesn't allow for local law enforcement to share immigration status with federal immigration authorities.

KRDO13 Investigates spoke to multiple Teller County residents who had mixed feelings about the ruling.

Nancy R. said, "We have enough crime of our own," and thought Teller County didn't need to be detaining illegal immigrants.

Janine J. said, "I feel like it's a privilege to be in this country and if they are going to break the law they need to be deported," Janine added she supported the agreement Teller County had with ICE. "We have to fight for our jobs because there's more and more immigrants in this country now. They need to be held to the same standards as us," Janine said.

ALCU of Colorado Legal Director, Tim Macdonald made a statement on the court's ruling:

“We brought this case out of concern for the harm that the Sheriff’s agreement inflicts on all Coloradans. 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. The court’s ruling sends an important message that no Colorado sheriff is above the law.”

ALCU of Colorado Legal Director, Tim Macdonald

Previously a district court had ruled in favor of Sheriff Mikesell's agreement.

When reached for comment, the Teller County Sheriff's Office said Sheriff Mikesell is currently out of state. We are waiting for his response.

KRDO13 Investigates also reached out to all three Teller County Commissioners but has not received a response yet.

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