ACLU sues Teller County sheriff over illegal immigration agreement with ICE

The ACLU is suing the Teller County Sheriff’s Office for Sheriff Jason Mikesell’s plan to enforce federal immigration law under an agreement with U.S. Immigration and Customs Enforcement.

The lawsuit — backed by six Teller County residents — argues that Mikesell is diverting their tax money in order to fund what the ACLU says is an unlawful plan to enforce federal immigration law, reports the ACLU of Colorado.

The agreement in question, known as section 287(g), permits ICE to select local officers to exercise the same powers as their own federal immigration officers. Local taxpayer dollars, via the Sheriff’s Office’s budget, fund the program for selected officers, which includes a four-week training course in South Carolina.

The problem is that 287(g) is not consistent with Colorado State Law, explains ACLU of Colorado Legal Director Mark Silverstein. “Sheriff Mikesell plans to carry out warrantless immigration arrests and detentions that violate the Colorado Constitution as well as a recently enacted Colorado statute,” says Silverstein.

We’ve reached out to the Teller County Sheriff’s Office and are waiting for comment.

This statute was enacted last year in an ACLU class action lawsuit against the El Paso County Sheriff. The state district court ruled that the sheriff’s practice of holding prisoners past their release date, at the request of ICE officers, constituted a warrantless arrest. The ruling required that the sheriff release prisoners in county jails when they post bond or resolve their criminal cases, even if ICE suspects the prisoners may be removable for civil immigration violations.

“Relying on his 287(g) agreement, Sheriff Mikesell now plans to do exactly what Colorado law expressly forbids: hold prisoners past their release date if they are suspected of immigration violations,” Silverstein added.

Teller County’s 287(g) program would be the only one in Colorado. El Paso County ended its program in 2015, saying it attracted a wealth of criticism. “Among the concerns, critics say [the agreement] lacked proper Federal oversight, exhausted local resources, and ultimately resulted in the profiling of undocumented immigrants,” El Paso County officials said.

Historically, 287(g) programs cost taxpayers millions of dollars annually. Prince William County, Virginia raised property taxes to fund the first year of its 287(g) program, which cost $6.4 million. Gwinett County Georgia is spending between $1.2 million and $3.7 million annually. Harris County, Texas, decided to end its program due to costs.

“These 287(g) programs drain local resources and undermine community trust and safety,” said ACLU of Colorado Staff Attorney Arash Jahanian. “The Sheriff’s Office should be serving its community instead of the Trump administration’s anti-immigrant agenda.”

This is not the first time ACLU has filed suit against TCSO. In July 2018, the group sued Mikesell for holding a prisoner past their release date while waiting for ICE to arrive and assume custody. A judge dismissed the lawsuit in February 2019 when both sides agreed to drop the case.