Yesterday, during the Board of County Commissioners meeting in El Paso County, Commissioners voted 4-0 in favor of Resolution 24-159, authorizing litigation against the state of Colorado to challenge the provision of two revised statutes. After passage, Sheriff Joseph Roybal and the El Paso County Commissioners announced their intent for El Paso County to join as an official party to a lawsuit against the State of Colorado, which was originally filed by Douglas County in March of 2024.
In recent years, the Colorado General Assembly enacted Colorado House Bill 19-1124, and House Bill 23-1100, legislation which prevent Colorado law enforcement agencies from working with ICE (Immigrations and Customs Enforcement), to uphold the laws, collaborate efforts to arrest, detain, and hold accountable, those who choose to victimize our community.
“Here in El Paso County, Colorado, we have no choice but to release violent, career criminals back onto our streets, because we have no way to communicate with ICE (Immigrations and Customs Enforcement) and identify undocumented immigrants, or keep them in custody, once local judicial adjudication has been executed”, said Sheriff Joseph Roybal.
In February 2024, the Colorado Legislature indefinitely postponed HB 24-1128, a bill aimed at reversing HB 19-1124, and HB 23-1100. Sheriff Roybal and Teller County Sheriff Jason Mikesell led a coalition of Colorado Sheriffs in support of HB 24-1128 and provided robust testimony during the committee hearing on the bill. Unfortunately, HB 24-1128 failed in a 5-3, party line vote.
“Unfortunately, my Office had to release a child molester, with at least three victims, because of our inability to work with ICE. The suspect absconded after making bail and disappeared without a conviction or sentencing for his crimes. It is unknown where this suspect fled to, but it is highly likely he is continuing to victimize children and will remain completely unaccountable to the law.”
As stated in El Paso County Board of County Commissioners Resolution 24-159, HB 199-1124, and HB 23-1100, are unconstitutional, as they violate the Intergovernmental Relationships; Distribution of Powers, and Revival, and Amendment or Extension of Laws Provisions of Colorado State Constitution.
“As the Sheriff, I collaborate with federal agencies to hold criminals accountable. By preventing me from working with ICE, the State of Colorado has hindered my ability to protect the hard-working citizens of El Paso County. I am fully committed to this lawsuit, and I will do everything in my power to reverse HB 19-1124, and HB 23-1100.
“I thank the El Paso County Board of County Commissioners for their unified support to join this litigation, Sheriff Darren Weekly and the Douglas County Commissioners for their leadership on this critical issue, and the citizens of El Paso County, for their continued trust and support.”
In Summary:
HB 19-1124
-Prohibits Colorado law enforcement agencies from arresting or detaining an individual based on a civil immigration detainer request from ICE or any other requesting agency.
HB 23-1100
-Prohibits local government entities from entering into agreements for the detention of individuals in an immigration detention facility owned/operated by a private entity;
-Prohibits local government entities from selling any property for the purpose of establishing in an immigration detention facility owned/operated by a private entity;
-Prohibits local government entities from entering into agreements to house or detain individuals for federal immigration purposes;
-Requires local government entities to terminate any existing agreements for the purpose of housing or detaining individuals for federal immigration purposes.