El Paso County officially appeals ruling on immigration holds

El Paso County officially filed an appeal with the Colorado Supreme Court Friday to overturn an injunction that ordered Sheriff Bill Elder to cease holding suspects in the El Paso County Jail for immigration authorities even after they’ve posted bail.

The county said Tuesday it would file the appeal after a vote by the Board of County Commissioners. The order to Elder was issued by District Judge Eric Bentley on Monday. El Paso County is the only county in Colorado to hold suspects solely at the request of ICE.

In a news release issued Friday, El Paso County said Judge Bentley’s order is the subject of “conflicting legal interpretations” and needed to be reviewed by the state Supreme Court.

The county says Bentley’s order “places the Sheriff in an impossible position: either violate the Order by accepting ICE detainees or breach the ISGA (Intergovernmental Service Agreement between ICE and the El Paso County Sheriff’s Office) and risk loss of public funding.”

However, the county said Tuesday it was disappointed by ICE not making a statement regarding the order. County spokesperson Dave Rose said the county found the federal agency to be a “less than reliable” partner.

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El Paso County said Tuesday will appeal a ruling issued by a judge ordering Sheriff Bill Elder to stop holding inmates for immigration authorities even after they posted bail, but the county also had strong words criticizing Immigration and Customs Enforcement’s commitment to a partnership in the area.

County spokesperson Dave Rose issued a statement Tuesday following Judge Eric Bentley’s issuance of a temporary restraining order that prevented Elder from detaining suspects of breaking immigration laws if they’ve posted bail for their initial charge. Rose said county commissioners directed El Paso County Attorney Amy Folsom to appeal the ruling.

The county said the ruling, which stems from a lawsuit against the sheriff, needs to be reviewed by the Supreme Court of Colorado. The county says the issues in this lawsuit will have a “tremendous impact” on the safety of the county.

In the same statement, Rose says Elder has “stood steadfastly with ICE to assist in fulfilling ICE’s requests to detain individuals deemed removable from the country under federal law.”

But Rose lamented that “ICE has chosen not to honor its obligations to defend or stand in the place of the Sheriff in the current litigation,” despite a formal written agreement to house federal detainees. “The federal agency has proven to be a less than reliable partner regarding pursuing its own mission.”

Rose said that lack of support is “troubling, but not entirely surprising.”

Elder was ordered by the county not to comment on the case while it’s being litigated.