Judge: El Paso County sheriff can’t hold people for immigration

A Colorado judge is barring a sheriff’s department from continuing to jail people suspected of being in the country illegally on behalf of federal authorities, saying that the practice violates their constitutional rights.

District Court Judge Eric Bentley ruled late Thursday that El Paso County Sheriff Bill Elder has no authority to hold people once they have posted bond, completed a sentence or otherwise resolved their state case.

The Colorado American Civil Liberties Union filed the suit in February on behalf of two men and all future jail inmates, arguing that the sheriff’s agreement to house people on behalf of Immigration and Customs Enforcement did not make the practice legal.

A spokeswoman said Friday that Elder plans to appeal the ruling.

The battle between the ACLU and the Sheriff’s Office has been ongoing for months.

A similar lawsuit is pending against Teller County Sheriff Jason Mikesell, but a similar injunction to stop them from authorizing these immigration holds were denied in August.

Mikesell stated after the hearing, “If the U.S. Government says this person is a danger and that we need to hold them to find out their status, or have a federal case against somebody, why wouldn’t I hold them for them and allow them time to pick this party up? Why would I just release them back on the street for something else to happen?”

ACLU Legal Director, Mark Silverstein told KRDO, “We’re certainly prepared to defend this type of ruling on appeal.”

No dates for any future hearings have been scheduled.