Immigration and Customs Enforcement (ICE) often asks sheriffs to hold prisoners for up to 48 hours past their release date to allow time for ICE to take the prisoners into custody. These detainer requests are not warrants signed by a judge. Several courts around the country, including one state court in Colorado, have ruled that a sheriff’s decision to honor these detainer requests violates the law. Do you agree that Colorado sheriffs exceed their authority under Colorado law by continuing to jail individuals who are eligible for release solely based on a detainer request issued by ICE?
I agree with the cogent analysis of the El Paso County District Court in Cisneros v. Elder, along with the reasoning of sister state courts, that Colorado sheriffs exceed their authority under Colorado law when they engage in such practices.