Latest news with #Mikesell
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.
CBS News
30-04-2025
- Politics
- CBS News
Opponents of Colorado immigration bill warn it will cost the state billions in federal funding: "We are sitting on a powder keg"
Opponents of Colorado immigration bill warn it will cost billions in federal funding Opponents of Colorado immigration bill warn it will cost billions in federal funding Opponents of Colorado immigration bill warn it will cost billions in federal funding A bill aimed at protecting undocumented immigrants in Colorado has created a firestorm at the Colorado State Capitol. Supporters say it's about protecting the constitutional rights of everyone regardless of citizenship. Opponents, including Teller County Sheriff Jason Mikesell, say it would protect dangerous criminals. He says if the bill becomes law, his deputies will have to choose between enforcing state law and losing federal funding or enforcing federal law and facing thousands of dollars in fines. Mikesell says lawmakers are presenting a false narrative. "I want to dispel rumors and myths that really the legislators are presenting in testimony," he said. He says he has worked with federal immigration agents for nearly three decades and has never seen them go into schools or target children. Instead, he says they go after the worst criminals and he says under Senate Bill 276 his deputies could no longer help them. "If we have a known terrorist or known cartel member, am I not to give that information anymore to our federal partners? Are we to allow them to continue to prey on innocent people here in Colorado?" Mikesell said. State Rep. Elizabeth Velasco -- one of the bill sponsors -- says local authorities could still cooperate if immigration agents have a warrant. "We're just elevating that constitutional rights of everyone must be respected," Velasco said. The bill prohibits all peace officers in the state from arresting or detaining a person based on an immigration detainer request, bars local governments, courts, and schools from disclosing personally identifying data -- including immigration status and visas -- to federal agents, and prevents those agents from entering non-public areas in jails, health care and child care facilities, libraries, hospitals, churches, and schools -- including colleges and universities -- without a warrant. Employees who violate the law could be fined up to $50,000. "We're telling you we are sitting on powder keg. It is not an option to walk away from the federal government," said Teller County Commissioner Dan Williams. He says the bill will cost the state billions in federal funding. Velasco says that's already happening. "We're already in multiple lawsuits when it comes to funding. So, it's important for us to stand up to any breach of our constitutional rights and make sure our communities are safe." The bill passed the state Senate. Debate in the state House is expected to be explosive after a committee hearing where some Democrats compared the recent immigration crackdown to the Holocaust. Republican state Rep. Ron Weinberg, who lost his great-grandparents in the Holocaust, called the comparison disgusting. "I'm tired of people diluting one of the biggest tragedies in the history of the world," Weinberg said. He says he's not opposed to immigration. He and his family immigrated from South Africa and his brother is still a "Dreamer" but, he says, Colorado is spending $544 million on undocumented immigrants and the bill ignores federal laws. "The expansion of sanctuary state has gone out of control and this bill is a further expansion that would handcuff law enforcement," Weinberg said. A spokesperson for Gov. Jared Polis says he has concerns about the bill and has been working with lawmakers on amendments to gain his support.
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.
Yahoo
12-04-2025
- Politics
- Yahoo
Teller County and other local sheriffs frustrated by new gun bill being signed into law
TELLER COUNTY, Colo. (KDVR) — Gov. Jared Polis signed some of the nation's strictest gun control bills into law Thursday afternoon, and local sheriff departments feel the burden is falling on them. The law will require anyone wanting to buy a semiautomatic firearm with a detachable magazine to get a permit through a local sheriff's office first. It also bans the sale of rapid-fire conversion devices. Popular local Mexican restaurant opens new location in Denver With this law, local sheriff departments will be responsible for permitting and vetting out potential buyers of semiautomatic firearms. Something Teller County Sheriff Jason Mikesell said is going to be a nightmare. 'This is going to be a heavy burden for everyone in law enforcement. It will have no impact on criminal acts. It will have no effect on mental health impacts. This law is just really a bad law and is probably the worst in the United States history,' Mikesell said. Governor Polis said this law isn't a ban, but proper gun safety education and training are key components of public safety and responsible gun ownership. As of right now, there are no guidelines for how the vetting process will work. 'The problem is the state doesn't have guidelines on a vetting process yet. So, the state doesn't have guidelines on instructors yet. They have nothing set up, and they're actually burdening the departments that have very few people,' Mikesell said. Other sheriff's departments were not happy either; in fact, all 64 counties sheriff departments came out against it. Mikesell said it's what they call an unfunded mandate. Rio Blanco County Sheriff's Department and County Commissioners sent a letter to Polis in opposition. 'We believe this bill poses significant threats to the economic well-being and cultural identity of our county and other rural communities across Colorado. Sheriffs across the state testified that this bill will not make our communities any safer,' the letter said. Who is running for Colorado governor in 2026? The letter also goes on to criticize the bill's cost, claiming the increased demand will divert resources and require additional staff at a cost of $75,000 for local agencies. 'We're not happy about it. I mean, it's going to be a huge cost to this county. It's a travesty he even signed it.' Sheirff Mikesell said. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
10-04-2025
- Yahoo
Hunting clubs ask Pa. Supreme Court to ban warrantless searches by game officials
Pennsylvania Judicial Center located in Harrisburg's historic capitol complex. (Getty Images) In the summer of 2013, a state wildlife officer confronted a member of the Pitch Pine Hunting Club, accusing him of feeding bears outside a house on the club's property. Wildlife officer Mark Gritzer told club member Jon Mikesell that he had been watching Mikesell and his guests for several days, using binoculars and wearing camouflage to conceal himself in the club's 1,100 acre swath of Clearfield County woods. Gritzer left without giving Mikesell a ticket, but Mikesell was rattled because neither he nor any of the club's other members had given the officer permission to enter the private club's posted and gated property. Pennsylvania laws, however, permit wildlife officers to search private lands without a warrant under a century-old U.S. Supreme Court decision. An attorney for Pitch Pine and the nearby 4,400-acre Punxsutawny Hunting Club said Wednesday that's what Gritzer and other wildlife officers had done at least 22 times, including the installation of surveillance cameras. 'The clubs are private places, places where members go to enjoy nature without being watched, to have private conversations, without being listened to, to hunt without worrying that strangers might be hiding in the bushes,' Joshua Windham, of the conservative public interest law firm Institute for Justice, said. The clubs sued the Pennsylvania Game Commission and Gritzer in Commonwealth Court, asking the court to find three state laws allowing the warrantless searches unconstitutional. The court ruled against them in 2023 and they appealed to the state's highest court. SUPPORT: YOU MAKE OUR WORK POSSIBLE In an argument before the Pennsylvania Supreme Court on Wednesday, Windham argued the so-called Open Fields Doctrine created in the 1924 high court decision is at odds with the state constitution. He asked the court to reverse its own 2007 decision adopting the doctrine and invalidate the laws the decision upheld. Courts across the nation have relied on the U.S. Supreme Court's decision finding that the Fourth Amendment's prohibition on warrantless searches of 'persons, houses, papers, and effects' does not apply to open land not immediately surrounding a home. According to a study by the Institute for Justice, 90% of land in Pennsylvania is subject to warrantless searches, Windham told the Capital-Star. Seven states have rejected the Open Fields Doctrine, most recently with the Tennessee Supreme Court finding last summer that warrantless searches by wildlife officials violated that state's constitution. Article 1 Section 8 of the Pennsylvania Constitution, which roughly corresponds to the Fourth Amendment, uses different language, guaranteeing people security in their 'persons, houses, papers and possessions.' 'Everywhere you look … you find Pennsylvanians and others using the word possessions to describe private land,' Windham said. 'William Penn's Charter, the original charter that granted him the land that became this commonwealth, granted him the right to quote, 'possess and enjoy the land.'' Deputy state Attorney General Anthony Kovalchick argued on behalf of the game commission and Gritzer that reversing its own decision on the Open Fields Doctrine would require the state Supreme Court to jettison a century's worth of legal precedent. Justice David Wecht said the court takes the issue of precedent seriously, but challenged Kovalchick to name another area of law where people have no expectation of privacy. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX 'I mean, our cases make clear that even in a hotel room that you're renting for a night or a rental car or a visit to another person's house, you at least get a chance to show an expectation of privacy,' Wecht said. Kovalchick replied that the Pennsylvania Constitution and the Fourth Amendment both provide for a 'reasonable expectation of privacy' and reasonable people wouldn't expect the woods where they hunt to be private. He added that trespassing laws keeps out members of the public, but the fact that a game warden can enter a property to investigate hunting violations doesn't mean that the owner has no privacy. The justices asked Kovalchick about Gritzer's placement of cameras on the clubs' properties. He replied that it was done in response to allegations that members were illegally feeding elk and that no warrant was required to do so. 'Your answer is, 'Well, the law doesn't require it,'' Wecht said. 'And a response from us might be, Well, why shouldn't the law require that?'' Kovalchick said the court should use the same reading of the constitution as it did inits 2007 decision on this issue, that the term 'possessions' does not apply as broadly as the hunting clubs assert. 'If the framers wanted the word possessions to mean every single thing that is owned, including real property, it would have most likely used other phrases like private property,' Kovalchick said. Justice Kevin Brobson noted other parts of the state constitution refer to the right to possess land. 'I'm hard pressed to say that in Article One, Section One, they talked about land as a possession, but in Article One, Section Eight, they didn't,' Brobson said. Wecht proposed a hypothetical situation in which a person built a swimming pool in the middle of a heavily wooded property with a wall around it and used it to go skinny dipping. 'Mr. Greitzer could walk on and put up a camera … the person enjoying that pool cannot even attempt to show any expectation of privacy. How does that square with the Pennsylvania Constitution?' Wecht asked. 'A reasonable person would not believe that going out and doing things that you would only do in the home are reasonable to go out and do in the woods,' Kovalchick replied. The court has no deadline to reach a decision.
