Latest news with #HB23-1100
Yahoo
07-05-2025
- Politics
- Yahoo
'You won't recognize Colorado': State vs. federal law dilemma could impact funding
(COLORADO) — Several Colorado law enforcement agencies have called for a shift in legislation and the upper courts due to contradictory laws that are allegedly endangering public safety. On Tuesday, April 29, the Teller County Sheriff, Jason Mikesell, called on state lawmakers who have introduced recent immigration laws. Sheriff Mikesell argued that bills such as HB23-1100 and SB25-276 protect criminals and prevent law enforcement from detaining people with criminal histories or sharing information about them with federal agencies like Immigration and Customs Enforcement (ICE). TCSO, ICE: Colorado legislation hinders law enforcement 'We as a state are a sanctuary state; we are protecting convicted criminals that are on parole, in prisons, in jails, and on probation,' said Sheriff Mikesell. WATCH THE FULL PRESS CONFERENCE BELOW: If signed into law, SB25-276 would propose changes to Colorado law, including prohibiting a military force from another state from entering Colorado without the governor's permission, unless acting on federal orders or as part of the United States armed forces. The bill passed with a vote of 22-13 in the Senate and passed in the Colorado House on Saturday, May 4, and now heads over to Governor Jared Polis' desk for approval. HB23-1100 prohibits state and local law enforcement from signing new agreements to hold immigration-related detainees on behalf of the federal government. 'We are in unprecedented times, where people are being unjustly targeted, incarcerated, removed, deported; we sit in a position where we may be able to push back and help out to provide some protection,' said Senator Jessie Danielson over SB25-276. Sheriff Mikesell argued that if passed, the bill would put law enforcement in a 'very critical position' as it puts them between federal and state law. 'We can't just say no to laws. But it also identifies Colorado as being the one state that really identifies and says, 'We will not follow federal law.'' Local Lawyer: Many detained in COS DEA Operation may not be able to get a trial before being deported When asked about Sheriff Mikesell's statement, a spokesperson for the Governor's Office provided FOX21 News with a statement and added that Colorado is not a sanctuary state. 'Colorado is not a sanctuary state, and Governor Polis continues urging Congress to secure the border and do their job and pass comprehensive immigration reform,' the statement read. 'The Governor's office has expressed concerns about the original version of SB25-276, and has been working with legislators, as well as stakeholders, including law enforcement, throughout the process on amendments that would help gain his support. The Governor regularly meets with local law enforcement about how Colorado can continue to keep our communities safe.' ICE Assistant Field Director Robert Coultrip also spoke on Tuesday, April 29, about how state and federal law contradict and further leave law enforcement in a never-ending cycle, as they cannot assist federal agencies. According to Coultrip, HB19-1124 also hinders ICE's Criminal Alien Program (CAP), a detainer process that allows ICE to make arrests while an individual is in custody. Coultrip said HB19-1124 targets the progress and lets counties release individuals within their normal time range. 'If we get here in time, we get them, but if we don't, we don't, and they are released back to the community,' said Coultrip. He added that some counties allow them to take individuals in custodial environments, while others do not. On May 6, District Court Judge Charlotte N. Sweeney concluded that the federal government could not use the Alien Enemies Act of 1798 to remove Venezuelans from Colorado who have been accused of belonging to a gang called Tren de Aragua (TdA). On May 2, Sweeney also required the federal government to provide 21 days' notice to anyone it seeks to deport so they can contest their removal. Rally held to protest bust on illegal nightclub FOX21 News also previously spoke to David McDivitt, who explained that the federal government does not need to use the act for those who have been in the U.S. less than two years and entered illegally. Consequences of not following federal law could soon be seen across the state. On April 28, President Trump signed an executive order targeting sanctuary cities and states. The order says that those states that do not comply with federal law could lose funding. Teller County Commissioner Dan Williams said that the order could put Colorado in danger of losing $18.4 billion in federal funding. 'You won't recognize Colorado after this summer if we lose federal funding,' Williams said. 'I would ask the legislature to overturn these bills that Jason [Mikesell] talked about, to ask yourself why you're preventing local law enforcement from working with federal law enforcement.' On Friday, May 2, the Department of Justice sued Colorado and Denver for allegedly interfering with federal efforts to enforce immigration laws. 'Colorado is not a sanctuary state. The State of Colorado works with local, state and federal law enforcement regularly and we value our partnerships with local, county and federal law enforcement agencies to make Colorado safer. If the courts say that any Colorado law is not valid then we will follow the ruling. We are not going to comment on the merits of the lawsuit,' a spokesperson with the Colorado Governor's Office told our sister station, FOX31 in Denver, about the lawsuit. The San Miguel County Sheriff's Office also spoke up against the executive order, with Sheriff Bill Masters saying the order was an attempt to federalize the Sheriff's Office to 'do the current administration's bidding on their political cause of the day.' 'Not since the Runaway Slave Act of 1850 has the Federal Government attempted to federalize and use local peacekeepers to fulfill its political objectives,' the statement Sheriff Masters released via Facebook said. 'Many Sheriffs of that era refused to enforce (even under penalty of law) the Runaway Slave Act. As concerned as I am regarding federalization of local peacekeepers for immigration enforcement, I also see this current attempt as opening the door for future administrations to consider requiring local Sheriffs to enforce federal laws to arrest firearm owners, political opponents, protestors, etc. Although I am Sheriff of this great county for only another 30 days, I want to assure our local residents that during my short remaining tenure, I will follow Colorado law and not permit the federal government to use my office for political purposes.' Earlier in March, the Colorado Association of Chiefs of Police (CACP) also appealed to the Colorado Legislature to make a change, as consequences of the current policies were 'not theoretical' and 'are tragically real, measured in lives lost, communities traumatized, and public spaces rendered unsafe.' 'All the counties in Colorado, all 64, have said that we will stop working with the state of Colorado,' said Williams. 'That's unheard of, we don't even think about that because we respect the rule of law. I ask the state to respect the rule of law as well.' FOX21 News reached out to the Governor's Office for comment over contradicting laws that could hinder local law enforcement, and will update this article when more information is available. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. For the latest news, weather, sports, and streaming video, head to FOX21 News Colorado.
Axios
03-05-2025
- Politics
- Axios
Exclusive: Denver mayor calls DOJ immigration suit legally baseless
Mayor Mike Johnston tells Axios Denver the Trump administration has "no grounds" to sue the city or state over its so-called "sanctuary" immigration policies — and says Denver won't be intimidated. Why it matters: Colorado and its capital city are a national test case for how far the federal government can push cities and states to enforce immigration policy. Johnston's defiant tone signals that Denver won't fold quietly, if at all — even under legal fire and political pressure. What he's saying: "There is no law that Denver has broken," Johnston said in an interview with Axios Denver on Saturday. He resists the "sanctuary city" label, instead arguing that Denver strikes a careful balance — avoiding immigration status checks to protect civil liberties, staying within the bounds of federal law and cooperating with ICE, particularly with detainer requests. Johnston says Denver has complied with federal immigration authorities for years and draws sharp distinctions between his city and other cities and states that face similar legal action by the DOJ — including New York state as well as Illinois and Chicago — for not cooperating. Unlike those jurisdictions, Johnston explains, neither Denver nor Colorado shield immigration status from ICE because they never ask for it in the first place. "If [ICE] contacts us and says, 'You have John Smith in custody — when is he being released?' We notify them of the release date," Johnston says. "We've done that more than 1,200 times over the last decade." Driving the news: The U.S. Department of Justice on Friday sued Colorado and Denver in U.S. District Court, claiming its so-called "sanctuary" laws — which limit cooperation with ICE unless there's a judicial warrant — are "disastrous policies" that interfere with federal enforcement and violate the Constitution's Supremacy Clause, per court records obtained by Axios Denver. The filing cites a viral 2024 video depicting alleged Tren de Aragua gang members storming apartments in Aurora. The gang's U.S. "foothold," the suit claims, is "the direct byproduct" of Colorado's immigration policies. The suit also names Colorado Gov. Jared Polis, Attorney General Phil Weiser, Johnston, the state Legislature, Denver City Council, the Denver Sheriff Department and Denver Sheriff Elias Diggins. Zoom in: The DOJ is challenging five key local laws: HB19-1124 – banning law enforcement from honoring ICE detainers unless there's a judicial warrant. SB21-131 – blocking agencies from sharing biometric and immigration data with ICE. HB 23-1100 – prohibiting local governments from entering new contracts with ICE for immigration detention. Denver's ordinance 940-17 and executive order 142 – barring city employees from aiding civil immigration enforcement or allowing ICE into jails without a judge's sign-off. State of play: The lawsuit comes two months after Johnston testified before the House Oversight Committee, where he was threatened with jail time and referred to the DOJ by Rep. Anna Paulina Luna (R-Fla.) for criminal investigation over Denver's immigration policies. It also arrives days after the Trump administration rescinded $24 million in grants that would have helped the city offset migrant shelter costs. What we're watching: Whether the DOJ's case survives legal scrutiny.
Yahoo
29-04-2025
- Politics
- Yahoo
TCSO, ICE: Colorado legislation hinders law enforcement
(TELLER COUNTY, Colo.) — Teller County Sheriff Jason Mikesell and a representative from Immigration and Customs Enforcement (ICE) held a press conference on Tuesday Morning, April 29, to comment on a person of interest in a homicide case who was recently detained by ICE, as well as how Colorado legislation impacts law enforcement in the state. According to Mikesell, the Teller County Sheriff's Office (TCSO) worked in partnership with ICE to detain Luis Sanchez-Chavez, a person of interest in TCSO's homicide case, in which a person was found dead. RELATED STORY: ICE: Person of interest in Teller County homicide arrested TCSO notified ICE about Sanchez-Chavez's connection to the case, and ICE identified and detained him, both for his connection to the case and for issues regarding his immigration status. The collaboration between ICE and TCSO allows the sheriff's office to question Sanchez-Chavez about the case. Sheriff Mikesell went on to discuss how current Colorado legislation impacts the jobs of state and local law enforcement agencies. He stated that bills such as SB25-276, Protect Civil Rights Immigration Status, and HB23-1100, Restrict Government Involvement in Immigration Detention, protect criminals and prevent law enforcement from detaining people with criminal history or sharing information about them with federal agencies, such as ICE. According to Mikesell, after a person has committed a crime and served their sentence or has been released on bond, the legislation prevents law enforcement from sharing information with ICE about them or holding a person with questionable immigration status until ICE can retrieve them. Mikesell stated that the inability to hold people for federal agencies puts officers, the public, and even the subject in more danger, as ICE then has to go into the community to track them down and apprehend them. This requires more resources and personnel and creates a higher chance of confrontation, instead of being able to make the transfer in a controlled environment. The sheriff expressed the frustration of working in a state in which he feels the laws were designed to go after officers for doing their job, stating that, if passed, SB 25-276 could allow an officer to be penalized up to $50,000 for assisting federal agencies. County Commissioner Dan Williams spoke about President Donald Trump's recent executive order requiring sanctuary jurisdictions to comply with federal immigration law or face losing federal funding. Williams stated that this puts Colorado in danger of losing 18.4 billion dollars in federal funding, which is equivalent to 22.2% of the state's budget. Williams said this would affect Medicaid, elder care, food banks, fire protection, and other important programs. Assistant Field Director with ICE, Robert Coultrip, stated that when ICE detains a person, they can't bar them from their due process under the law. Coultrip said that under the Criminal Alien Program (CAP), ICE is notified if someone not born in the U.S. is taken into custody by law enforcement, at which time an investigation is initiated. ICE then places a detainer, so that once the person has completed their time in incarceration, or has been granted bond, law enforcement detains them long enough for ICE to respond. According to Coultrip, when state legislation obstructs the CAP process, criminals are released back into the community before ICE can take custody of them, giving them the opportunity to disappear. Coultrip stated that ICE prioritizes people known to be the biggest risk to communities, including felons, people with multiple DUIs, or those who have caused DUI homicide. Those with a secondary connection to criminal activity, such as people within a gang network, who have not been convicted of a crime, may also be investigated and arrested. Mikesell ended the press conference by expressing his desire for a stakeholder meeting between state leadership, including Governor Jared Polis, law enforcement, and other relevant agencies, to hold a meaningful discussion on the issues. FOX21 News reached out to Governor Polis for comment and is waiting to hear back. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
