Colorado’s New Law Prohibits Local Jails from Holding ICE Detainees: A Major Shift in Immigration Enforcement

Key Aspects of Colorado’s HB23-1100

The law introduces strict limitations on state and local governments, impacting how immigration enforcement is handled within Colorado's borders:

• Ban on New ICE Detention Agreements: The law prohibits state and local governments, including jails and prisons, from signing new contracts with ICE to house people for federal civil immigration proceedings.

• Restriction on Private Detention Contracts: It also restricts the use of public facilities, like jails, for immigration detention, even when managed by private companies. This targets arrangements where local governments work with private entities to house ICE detainees.

However, there is an important exception. The Aurora Detention Facility, a private immigration detention center operated by the GEO Group, remains unaffected because it contracts directly with the federal government rather than through local or state agreements.

The Immediate Impact on Colorado’s Counties

While this law applies to the whole state, the immediate impact will be seen in Teller County and Moffat County, the only two counties in Colorado that still hold ICE detainees under federal contracts. Both counties will need to terminate these contracts once the law goes into effect in 2024, which will lead ICE to relocate detainees.

However, the detention center in Aurora will continue to operate, meaning that ICE will either need to transfer detainees to this facility or transport them out of state.

Reasons Behind the Legislation

The driving force behind HB23-1100 is to ensure that Colorado’s law enforcement is not involved in the automatic detention of individuals based solely on their immigration status. State Sen. Sonya Jaquez Lewis, a key sponsor of the bill, said the law will help foster a sense of security among immigrant communities. "Colorado law enforcement shouldn't automatically detain someone just for their migration status," she noted.

This law builds on earlier steps taken by Colorado to distance itself from federal immigration enforcement. In 2019, the state banned civil immigration detainers, and it has also imposed restrictions on local governments providing economic incentives to private prison companies that work with ICE.

Criticism and Challenges

Critics, including some law enforcement officials, argue that the law may present practical challenges. With the prohibition on using local jails to hold ICE detainees, the federal agency will need to transfer individuals over longer distances to Aurora or even out of state. This could pose logistical concerns, especially during severe weather conditions, and potentially increase the risk during detainee transports.

Opponents also worry that the law could hinder ICE’s ability to detain individuals with serious criminal backgrounds. Without the option to use local facilities, ICE may face delays in processing or detaining high-risk individuals.

Legal Context: A Broader Trend

Colorado’s decision to cut ties with ICE detention aligns it with at least five other states that have enacted similar restrictions. The state's move is part of a larger nationwide conversation about the role of local governments in enforcing federal immigration laws. In a related ruling, the Colorado Court of Appeals recently decided against the Teller County Sheriff’s Office for holding undocumented immigrants through a 287(g) agreement with ICE, ruling it violated state law.

What This Means for Immigration Enforcement in Colorado

This legislation represents a substantial shift in Colorado's approach to immigration enforcement, reflecting the state's ongoing efforts to protect immigrant communities and reduce its role in federal immigration detention. As Colorado continues to prioritize the safety and security of its immigrant population, the debate over how local law enforcement should interact with federal immigration agencies remains a contentious issue.

While supporters of the law see it as a necessary step toward protecting vulnerable communities, critics question whether the law will complicate efforts to manage detainees effectively.

Conclusion

Colorado's HB23-1100 is a landmark piece of legislation that redefines the state’s relationship with federal immigration enforcement. As the law goes into effect in January 2024, the state is likely to face both praise and challenges as it navigates the implications of ending ICE detention contracts at the local level. The broader impact on law enforcement and immigration policy will be closely watched by other states considering similar moves.

Colorado’s New Law Prohibits Local Jails from Holding ICE Detainees: A Major Shift in Immigration Enforcement

In a bold move to reshape its approach to federal immigration enforcement, Colorado has passed legislation that will significantly limit the state's collaboration with U.S. Immigration and Customs Enforcement (ICE). The new law, HB23-1100, signed by Governor Jared Polis in June 2023, will ban state and local governments from entering into new agreements to hold immigration-related detainees on behalf of ICE. Taking effect in January 2024, this law represents a major shift in Colorado's stance on immigration detention.

Key Aspects of Colorado’s HB23-1100

The law introduces strict limitations on state and local governments, impacting how immigration enforcement is handled within Colorado's borders:

• Ban on New ICE Detention Agreements: The law prohibits state and local governments, including jails and prisons, from signing new contracts with ICE to house people for federal civil immigration proceedings.

• Restriction on Private Detention Contracts: It also restricts the use of public facilities, like jails, for immigration detention, even when managed by private companies. This targets arrangements where local governments work with private entities to house ICE detainees.

However, there is an important exception. The Aurora Detention Facility, a private immigration detention center operated by the GEO Group, remains unaffected because it contracts directly with the federal government rather than through local or state agreements.

The Immediate Impact on Colorado’s Counties

While this law applies to the whole state, the immediate impact will be seen in Teller County and Moffat County, the only two counties in Colorado that still hold ICE detainees under federal contracts. Both counties will need to terminate these contracts once the law goes into effect in 2024, which will lead ICE to relocate detainees.

However, the detention center in Aurora will continue to operate, meaning that ICE will either need to transfer detainees to this facility or transport them out of state.

Reasons Behind the Legislation

The driving force behind HB23-1100 is to ensure that Colorado’s law enforcement is not involved in the automatic detention of individuals based solely on their immigration status. State Sen. Sonya Jaquez Lewis, a key sponsor of the bill, said the law will help foster a sense of security among immigrant communities. "Colorado law enforcement shouldn't automatically detain someone just for their migration status," she noted.

This law builds on earlier steps taken by Colorado to distance itself from federal immigration enforcement. In 2019, the state banned civil immigration detainers, and it has also imposed restrictions on local governments providing economic incentives to private prison companies that work with ICE.

Criticism and Challenges

Critics, including some law enforcement officials, argue that the law may present practical challenges. With the prohibition on using local jails to hold ICE detainees, the federal agency will need to transfer individuals over longer distances to Aurora or even out of state. This could pose logistical concerns, especially during severe weather conditions, and potentially increase the risk during detainee transports.

Opponents also worry that the law could hinder ICE’s ability to detain individuals with serious criminal backgrounds. Without the option to use local facilities, ICE may face delays in processing or detaining high-risk individuals.

Legal Context: A Broader Trend

Colorado’s decision to cut ties with ICE detention aligns it with at least five other states that have enacted similar restrictions. The state's move is part of a larger nationwide conversation about the role of local governments in enforcing federal immigration laws. In a related ruling, the Colorado Court of Appeals recently decided against the Teller County Sheriff’s Office for holding undocumented immigrants through a 287(g) agreement with ICE, ruling it violated state law.

What This Means for Immigration Enforcement in Colorado

This legislation represents a substantial shift in Colorado's approach to immigration enforcement, reflecting the state's ongoing efforts to protect immigrant communities and reduce its role in federal immigration detention. As Colorado continues to prioritize the safety and security of its immigrant population, the debate over how local law enforcement should interact with federal immigration agencies remains a contentious issue.

While supporters of the law see it as a necessary step toward protecting vulnerable communities, critics question whether the law will complicate efforts to manage detainees effectively.

Conclusion

Colorado's HB23-1100 is a landmark piece of legislation that redefines the state’s relationship with federal immigration enforcement. As the law goes into effect in January 2024, the state is likely to face both praise and challenges as it navigates the implications of ending ICE detention contracts at the local level. The broader impact on law enforcement and immigration policy will be closely watched by other states considering similar moves.

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