Teller County Sheriff in court Wednesday for ACLU lawsuit

Teller County Sheriff Jason Mikesell was in court Wednesday over a lawsuit filed by the American Civil Liberties Union.

The ACLU claims Mikesell is illegally holding a man for Immigration and Customs Enforcement.

That man is Leonardo Canseco, and the ACLU argued he should be free to go on bond, but Mikesell is holding him on a detainer and warrant from ICE.

MORE: Teller County Sheriff responds to ACLU lawsuit

“When people post bond, the sheriff has the obligation under Colorado law to release the person who posts bond,” Mark Silverstein, ACLU of Colorado’s legal director, said.

Silverstein adding if the person is not released, it’s depriving the person of their liberty.

“That constitutes basically a new arrest, an arrest the sheriff does not have the authority to make,” Silverstein said.

Mikesell took the stand and testified to the way his office works with ICE, saying he cooperates to protect the safety of his community.

Teller County Attorney Paul Hurcomb presented evidence in court showing federal immigration officials sent a detainer and warrant for Canseco to Teller County. Hurcomb arguing sheriffs have inherent authority to cooperate with ICE.

“The U.S. Government decided they needed him held for some reason. Well, who am I to tell them they can’t hold this person? Or I have to release him and they have to play this game of ‘catch me if you can’ with him,” Mikesell said.

Mikesell adding he’s had a total of five people in his jail who were put on holds by ICE.

“Something triggered the U.S. Government to want to hold them for either deportation issues when they’ve been deported before and brought back, and/or they had criminal charges that are filed through the federal level government,” Mikesell said.

Both sides finished closing arguments on the case Wednesday. The judge has asked for proposed orders from both the plaintiff and defense.

A decision on this case is expected next week.