‘A landmark ruling’ Teller Co. Sheriff speaks with 13 investigates after immigration lawsuit victory

TELLER COUNTY, Colo. (KRDO) -- Teller County Sheriff Jason Mikesell sat down with 13 Investigates in his first television interview since a district judge ruled he did not violate Colorado law by entering into an enforcement agreement with ICE (Immigration and Customs Enforcement).

"I'm ecstatic and relieved. I think that's a big win for this county and for the state," Sheriff Mikesell said regarding the judge's ruling. "I think what's being lost is that when someone crosses into the United States illegally undocumented, it's a crime."

Mikesell was marred in litigation with the American Civil Liberties Union (ACLU) going on five years. On Wednesday, Judge Scott Sells ruled that Mikesell having a 287(g) agreement with ICE is legal. The agreement allows Mikesell to hold undocumented immigrants at the request of federal authorities, and allows his deputies to assume the duties of a "designated immigration officers" or DIOs.

"The judge actually identified that the I-200 is actually a federal warrant. It's a valid federal warrant," Mikesell said. "That's never been done in Colorado, so that was that was a big thing that we wanted to see."

An I-200 immigration form is served upon someone informing them that there is probable cause to believe that they are "removable from the United States." According to ICE, this form is used to "serve warrants of arrest for immigration violations."

The Sheriff said he entered into the agreement back in 2019 because of public safety concerns surrounding the prevalence of black market marijuana and cartel activity in Teller County. Much of this activity, Mikesell said, originated from outside the United States and were heavily perpetrated by undocumented immigrants.

Judge Sells' ruling codifies that a 287(g) agreement does not violate a Colorado law enacted in 2019 called "Protect Colorado Residents From Federal Government Overreach."

Among other things, this prevents local law enforcement from placing undocumented immigrants on a 48-hour hold at the request of immigration authorities. Before the passage of this law, this practice was typically done when an immigrant could bond out of jail or be released after their case was closed. It allowed immigration authorities to more easily locate and detain undocumented immigrants who were charged with crimes and eventually deport them.

"That law specifically says a Colorado law enforcement officer, can't arrest or detain someone on the basis of one of these various ICE forms because they're not warrants. They're not signed by a judge. They're not based on any kind of alleged crimes," ACLU attorney Annie Kurtz said during the three-day court trial. "That's exactly what the jail is doing. They're using those exact forms to detain and arrest people when they should otherwise be released."

However, Mikesell told 13 Investigates he believes the ACLU had their fingerprints on this piece of legislation, drafting it in direct response to his beliefs as the Teller County Sheriff.

"I think it's a government overreach whenever the state government decides to go after a county specifically to stop something they don't like," Mikesell said. "I think the ACLU helped document or write that legislation. They were attempting to stop the 287(g) programs from existing."

El Paso County Sheriff Bill Elder recently settled for $20,000 with undocumented immigrant Saul Cisneros, and a series of positive rulings for Cisneros and the ACLU allowed the Colorado legislature to enact the aforementioned law. However, Mikesell said those rulings came because Elder did not have an active 287(g) agreement.

"Nowadays in lawsuits, if you can settle a case for $20,000 or under, that's a win. That's not a loss. That means they don't have enough evidence to try to get millions from you," Mikesell said. "Counties a lot of times do that to avoid the lengthy and costly work it takes to defend the whole case. The ACLU, they depend on that. That's how they make their money is by making local governments and sheriffs have to settle."

Director of the ACLU Colorado Mark Silverstein issued the following statement regarding the ruling:

“We are disappointed that the trial court upheld the Teller County Sheriff’s 287g program. We remain steadfast in our claim that the Sheriff’s program of enforcing federal immigration law violates the Colorado Constitution as well as a Colorado statute. We will now take this case to the Colorado Court of Appeals.”

Director of the ACLU Colorado Mark Silverstein

Mikesell told 13 Investigates he is confident that an appellate court will rule in his favor as well and said it's the ACLU's last-ditch effort to stop him from entering into the lawful agreement.

"If they lose their appeal, it's done. Then, they have to find a new reason to go after me. I know that they feel like if they don't beat me on this, it's going to give other sheriff's a thought that they can stand up," Mikesell said.

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