House bill aims to prohibit immigration detention facilities in Colorado, Teller Co. Sheriff opposed

DENVER (KRDO) -- Immigration has been a topic widely discussed and debated in the Colorado legislature in recent years, and HB23-1100, introduced by four democrats, would prohibit state and local governments from entering into agreements involving immigration detention facilities.

Currently, ICE (Immigrations and Customs Enforcement) has one detention facility in Colorado, called the GEO facility in Aurora. Additionally, Teller County Sheriff Jason Mikesell is the only Sheriff in our state that will house undocumented immigrations in his jail at the request of ICE.

"Communities could no longer enter into a contract where our local law enforcement would then be removed from conducting local law enforcement duties and then, in turn, be told they have to do federal immigration duties," democrat Representative and bill sponsor Lorena Garcia of Adams and Jefferson counties said.

Garcia told 13 Investigates the bill was written after hearing from law enforcement agencies "across the state" about a lack of resources to support enforcing any kind of federal laws.

"Local law enforcement, state law enforcement should be focused on local and state law enforcement and not on federal policy, then we can expand more of the capacity so that our communities are served," Rep. Garcia said.

While the bill was being discussed in committee, Sheriff Mikesell and the Teller County Commissioners testified against it, calling it an "ill-conceived bill." Mikesell argues the bill directly targets ICE and his administration, the only two entities in Colorado that can legally house undocumented immigrants.

"It believes that it can stop our agency from housing immigrants in what's called an intergovernmental service agreement. This agreement allows us to hold for U.S. Marshals or ICE. We have had contracts with them for over 20 years. It's been long-standing," Mikesell said. "The county actually receives a benefit from that for the bed space, and that's paid for. That's money the taxpayers aren't having to pay for jail space because it's an enterprise fund."

However, Mikesell told 13 Investigates his opposition to HB23-1100 goes beyond financial aspects and into questions surrounding where undocumented immigrants will be housed as ICE continues to operate in Colorado.

"They would then take that inmate and have to put them on a bus and drive them to whatever state has a bed space open," Mikesell said. "The family is not going to know where that person's going because they are just waiting for a bed in the federal system, and if they are eligible for release they are going to dump them."

Rep. Garcia responded to Mikesell's testimony and concerns when speaking with 13 Investigates. She says Teller County and their elected Sheriff are placing monetary concerns over human rights.

"Their testimony really focused on revenue and really focused on the dollar amounts," Rep. Garcia said. "The reception of their testimony was that it's okay for local governments to enter into contracts as long as they're getting the money, even if that means denying somebody's dignity."

According to Rep. Garcia, the current ICE facility in Aurora would be unaffected by this bill becoming law. However, they would be barred from attempting to open any new facility in our state. Changes Mikesell says could have major ramifications for Colorado with a recent influx of undocumented immigrants in Colorado.

"This bill would love to make it sound like we don't have any immigrant crime in this state because we don't see it. Well, that's not the fact," Mikesell said. "They're still going to arrest people. Now we're doubling the caseload that we've dealt with for our state, which means taxpayers have to pay even more for these people that shouldn't be here in the first place committing crimes."

HB23-1100 was introduced on January 23, and since its introduction has been amended to include provisions before being voted on. 13 Investigates will keep you updated on the status of this bill as it moves through the legislature.