Specialized Police Units Hunt People for ICE
by Keith Sanders
On February 22, 2023, a Teller County District Judge in Colorado ruled that the county Sheriff’s Office legally entered into an agreement with U.S. Immigration and Customs Enforcement (“ICE”) that gives the Sheriff’s Office the authority to detain prisoners after they post bond on behalf of ICE. The ruling stemmed from a lawsuit brought by the American Civil Liberties Union (“ALCU”) against Jason Mikesell, Teller County Sheriff.
The suit centers around an agreement between the Teller County Sheriff’s Office (“TCSO”) and U.S. Immigration and Customs Enforcement. Called the 287(g) Agreement of the Immigration and Nationality Act (“INA”), it allows TCSO deputies to act as ICE officials after a period of training, certification, and authorization by ICE. As such, the TCSO deputies, called 287(g) deputies, or Designated Immigration Officers (“DIO”), are “certified to perform immigration functions” with the purpose of identifying and processing prisoners “at the Jail on state or local charges who may be subject to removal under ICE’s civil immigration enforcement priorities.” Essentially, when TCSO deputies act as DIOs, they are acting as federal agents rather than county deputies.
According to the suit, that authority granted to TCSO deputies by the 287(g) Agreement violates Colorado’s Constitution ...