by Jacob Richards
On November 25, Senior U.S. District Judge R. Brooke Jackson issued a preliminary injunction forbidding ICE in Colorado from making warrantless and ‘collateral’ arrests, unless the agent has probable cause that both the person is in violation of U.S. immigration laws, and is a flight risk.
“The court has confirmed what has been enshrined in federal law for decades: ICE cannot terrify our communities with their haphazard warrantless arrests,” said Tim Macdonald, ACLU of Colorado legal director. “A federal court has now declared that ICE must immediately stop these aggressive and unlawful tactics.”
Two of the plaintiffs were arrested by ICE in Mesa County: 19-year-old Dreamer Caroline Dais Goncalves, and lawful permanent Resident Refugio Ramirez. The class-action suit was filed in October by the Colorado ACLU, the Meyer Law Office, and Olson Grimsley Kawanabe Hinchcliff and Murry, LLC.
The suit alleges that ICE in Colorado have been arresting and detaining people without warrants to meet quotas set by the MAGA regime. The ruling acknowledges ICE’s authority to enforce immigration laws but made clear that “in carrying out these responsibilities, [ICE agents] must follow the law.” The suit alleged that ICE’s practices since January have violated long standing Federal law that require agents to individually determine whether a person is both a flight risk and is in violation of immigration law before taking them into custody.
The ruling also provided some relief to the plaintiffs by ordering ICE to return money put up for bond and the removal of ankle monitors for plaintiffs like Goncalves who have bonded out of ICE custody but remain under electronic supervision.
The injunction also granted provisional class certification in the case extending the injunction to all people in Colorado with similar legal status’.
A recent case in Durango, see Rev #23, involving the ICE detention of a father and two children, was a case of mistaken identity that resulted in a collateral arrest that would now violate this federal injunction.
“ICE’s hubris and violent behavior have been on national display for months,” said Hans Meyer, owner of the Meyer Law Office, and immigration attorney for the plaintiffs. “But as Judge Jackson’s decision makes clear, no one — including ICE — is above the law.”
Of course, this injunction is subject to appeal. But for now, ICE must follow the law and cannot broadly target people for the color of their skin of what language they speak. They need a warrant or removal order signed by a judge or articulatable probable cause of immigration violation and flight risk before making any arrests.
Since the ruling ICE activity in western Colorado has decreased sharply according to advocates we’ve spoken to.
If you see ICE activity, please report it to the Colorado Rapid Response Network 1-844-864-8341.
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