Judge denies restraining order against Teller County Sheriff over ICE holds
District Court Judge Linda Billings-Vela denied the American Civil Liberties Union’s motion for a preliminary restraining order against the Teller County Sheriff Monday over an inmate being held for immigration authorities.
Mikesell was in court Wednesday over a lawsuit filed by the ACLU. The ACLU claims Mikesell is illegally holding a man for Immigration and Customs Enforcement.
“Our tagline was today we fight, I’m proud to say today we won,” Mikesell said.
The judge’s order allows the Sheriff to continue working with ICE pending the trial. Mikesell said the decision is a small victory.
“We won the right to continue to protect our citizens. The district court judge ruled in favor to continue cooperating with our Federal partners in this important law enforcement area,” Mikesell said in a statement.
ACLU of Colorado Legal Director Mark Silverstein released a statement shortly after the judge’s decision.
“This decision is now in direct conflict with a previous order from the same court stating that requests from ICE do not provide legal authority for Colorado sheriffs to hold individuals after they post bond or resolve their criminal cases. We are confident that the higher courts will ultimately agree with our position, and we will continue to work toward that result.”
Mikesell added at a press conference Monday he hopes more court action is seen at the Colorado Supreme Court.
“So that there can be a determination made in Colorado as to what needs to be done in these cases,” Mikesell said.
The lawsuit comes after the ACLU argued Leonardo Canseco 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 Wednesday 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.
