Colorado DA says ICE raids could impact success of some criminal court cases
BRIGHTON, Colo. (KDVR) — Seventeenth Judicial District Attorney Brian Mason said he has growing concerns that enhanced U.S. Immigration and Customs Enforcement operations may impact his office's ability to successfully prosecute some cases.
Mason said some people have already called his office asking if they have to give some personal information.
He said federal laws should be enforced and that criminal undocumented immigrants should be deported. But, Mason said the problem is when you have huge ICE raids, fear grows among the undocumented community and they can be less likely to report crimes.
'My largest concern about these enhanced immigration raids that we are seeing and that we have seen is its impact on my ability to keep this community safe,' Mason said.
'Numerous public threats' prompt ICE raid targeting multiple locations, metro Denver gang members
Mason said some witnesses and victims may fear giving important testimony in criminal cases in Broomfield and Adams counties. He said that is because of the recent enhanced ICE raids that unfolded in the Denver metro.
'We have already had victims call us and say, 'Is it safe for me to give you my address? Is it safe for me to come to court today?' And if a victim is afraid about giving their address to the district attorney's office and we can't get in touch with them, then we are not going to have their cooperation on a criminal case,' Mason said.
Mason said indiscriminate raids can stir fears, which can make the community less safe.
'If a victim or a witness to a crime is afraid to show up across the street at the Adams County Courthouse and doesn't come to court, I can't prove the case, and if that leads to dismissing cases or sweetheart deals on cases because our evidence has changed, then that impacts the safety of this community,' Mason said.
Mason said he fully supports deporting violent undocumented criminal immigrants.
During the ICE-led raids across the Denver metro, there were several reports of agents going door to door asking people for their documentation.
The Denver Department of Homeland Security Investigations acting special agent in charge said at the time, the raids were a targeted enforcement operation, but at the time, he did not know if there were collateral arrests.
What happens to migrants after they are taken into ICE custody?
FOX31 also spoke to ICE Denver's retired field office director who said some laws keep ICE agents from going to courthouses. He added there are also different kinds of visas that undocumented witnesses can apply for that would help protect them.
'So, there are these different things that people who are not here in a lawful status can apply for if they are going to be in court that would give them a pass to be here permanently,' retired ICE Denver Field Office Director John Fabbricatore said.
Still, Mason is concerned there will be undocumented immigrants who will stay away from the courthouse out of fear.
Mason said no cases have been impacted yet because of the raids. He stressed the DA's office has no role in federal immigration enforcement.
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