9.

Massachusetts Attorney General Maura Healey filed a brief arguing that Massachusetts law provides no authority for officers to hold an individual solely on the basis of a federal civil immigration detainer beyond the time that they would otherwise be released from state custody.⁴ As Attorney General, would you commit to taking a similar position with regard to Colorado law, in an amicus brief if the opportunity arose, explaining that state law does not authorize sheriffs to rely on ICE detainers as grounds to depart from their state law duty to release prisoners when they post bond, complete their sentence, or otherwise resolve their criminal case?

ANSWER: YES

COMMENT:

As noted, I agree with the El Paso County District Court’s ruling in Cisneros v. Elder that Colorado law does not authorize sheriffs to hold citizens on the sole basis of an ICE detainer. Applying this logic, I would also agree with the position taken by Attorney General Healey as outlined above.