Judge dismisses ACLU’s immigration enforcement lawsuit against Teller County sheriff
TELLER COUNTY, Colo. (KRDO) - A Teller County judge dismissed a lawsuit from the ACLU against Teller County Sheriff Jason Mikesell Tuesday.
According to a release from the sheriff’s office, the lawsuit challenged the sheriff’s cooperation with U.S. Immigration and Customs Enforcement.
The lawsuit — backed by six Teller County residents — argued that Mikesell is diverting their tax money in order to fund what the ACLU said is an unlawful plan to enforce federal immigration law, according to the ACLU of Colorado.
The agreement in question, known as section 287(g), permits ICE to select local officers to exercise the same powers as their own federal immigration officers.
Sheriff Mikesell filed a motion to dismiss the lawsuit on August 2, 2019. He argued he has authority under state and federal law to enter into the 287(g) agreement with ICE.
Teller County District Court Judge Scott Sells dismissed the ACLU’s lawsuit against Sheriff Mikesell. Judge Sells ruled that the plaintiffs do not have taxpayer standing to bring the lawsuit and have not suffered an injury in fact to a legally protected interest.
The judge said he based his decision on the fact that the 287 (g) Agreement is operated out of the Teller County Jail Enterprise Fund and not Teller County tax dollars. The jail is funded by fees and not by taxpayer dollars
“This court ruling allows the sheriff to continue to protect the citizens of Teller County and sustain the way of life this community wants; the freedom to live without fear of those illegal criminal organizations that have prayed upon them in the recent past,” Mikesell said in a statement.
This is not the first time ACLU has filed suit against TCSO. In July 2018, the group sued Mikesell for holding a prisoner past their release date while waiting for ICE to arrive and assume custody. A judge dismissed the lawsuit in February 2019 when both sides agreed to drop the case.
