The ACLU of Colorado sued Teller County Sheriff Jason Mikesell in July, 2018, alleging that he is violating Colorado law by continuing to jail an individual who is eligible for release, at the request of Immigration and Customs Enforcement (ICE).
Leonardo Canseco is charged with two misdemeanors, and the Teller County Court set his bond at $800. Mr. Canseco has the money to post bond, but when he posts the money, Sheriff Mikesell will not release him. 而不是, the Sheriff plans to honor a detainer request from federal immigraiton authorities, 他们怀疑. Canseco is removeable from the country.
ICE detainers are not warrants and are not signed by a judicial officer.
2018年初，在 西斯内罗斯v. 老, ACLU of Colorado lawyers successfully challenged the legality of holding prisoners on the basis ICE detainer requests. 在那 集体诉讼sbobet篮球断言 that El Paso County Sheriff Bill 老 had unlawfully imprisoned dozens of individuals at the request of ICE. District Court Judge Eric Bentley issued a preliminary injunction that 命令 Sheriff 老 to release two ACLU clients and to stop relying on ICE detainer requests as grounds for refusing to release individuals when they post bond or resolve their criminal 情况下s.
Armed with the arguments that succeeded in neighboring in El Paso County, ACLU lawyers asked the Teller County District Court for an emergency injunctive order to ensure that Mr. Canseco will be released when he posts bail, instead of being held prisoner, 非法, on the basis of the ICE detainer request.
The Teller court held a hearing on August 15, 2018. Four days later, the court issued an order denying ACLU’s request for preliminary injunctive relief.
更新: 2018年末，在 西斯内罗斯v. Elder, the El Paso County District Court granted a permanent injunction barring Sheriff 老 from holding persons on ICE detainers. The following year, Colorado adopted a statute that codified the ruling in the 西斯内罗斯 情况下, thus prohibiting all Colorado sheriffs from holding prisoners on the basis of ICE documents that are not signed by a judge. C.R.S. §§ 24-76.6-101-02.
尽管有法令, the Teller County Sheriff entered into a 287(g) Agreement with ICE, a program which purports to allow designated Teller sheriff deputies to arrest and detain persons that ICE suspects of immigration violations. 在随后的诉讼中, ACLU of Colorado attorneys argue that these arrests and detentions violate Colorado law.
sbobet篮球新闻稿:
- "ACLU sues Teller County Sheriff for 非法 holding prisoner for ICE," ACLU 新闻 Release, July 23, 2018
媒体:
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“ACLU sues Teller County sheriff over man's detention,” 公报，2018年7月23日
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“ACLU sues Teller County sheriff,” 11新闻，2018年7月23日
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“ACLU of Colorado sues Teller County sheriff over ICE request,” Fox 21 新闻, July 23, 2018
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“ACLU sues Teller County sheriff over man's detention,” Colorado Politics, July 24, 2018
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“Presunta violación de ley a inmigrante en condado Teller,” Telemundodenver, July 24, 2018
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“Teller County sheriff defends ICE holds challenged by ACLU lawsuit,” 公报，2018年7月27日
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“Teller County inmate at center of ACLU lawsuit in court Wednesday,” KOAA 新闻, August 15, 2018
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“Judge hears arguments in lawsuit involving ACLU and Teller County Sheriff,” KOAA 新闻, August 15, 2018
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“ACLU Sues Teller County Sheriff For Holding Inmates Past Sentences At ICE’s Request,” CPR 新闻, August 16, 2018
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“Judge says Colorado sheriffs can hold immigration suspects for ICE,” Pueblo Chieftain, August 21, 2018
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“One Colorado judge says a sheriff can hold an inmate for ICE. Another says a sheriff can’t.,” Colorado Independent, August 22, 2018
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“利记sbobet expresa "desilusión" tras orden de jueza sobre indocumentados,” Impacto Latino, August 22, 2018
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“Teller Sheriff wins round I of ACLU lawsuit,” Pikes Peak Courier, August 23, 2018
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“Two Sheriffs With Two Different ICE Policies Say They Want Clarity From A Higher Court,” CPR 新闻, October 29, 2018
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“ACLU drops suit against Teller County sheriff over ICE detainers while pursuing statewide ruling,” Gazette, 2019年2月22日
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“Judge Dismisses ACLU Lawsuit Over Teller County Sheriff Cooperation With ICE,” 2019年2月22日
