By Nick Smith | Denver Gazette
On a day when the El Paso County Sheriff’s Office announced the transfer of 16 people to Immigration and Customs Enforcement, its sheriff, Joe Roybal, said Tuesday he intends to enter an agreement that will give his deputies specified powers of an ICE agent.
The 287(g) program authorizes ICE to delegate to state and local law enforcement officers the authority to perform certain immigration officer functions under the agency’s direction and supervision, according to the Immigration and Nationality Act.
The program has three models that local law enforcement agencies can enter into, each that gives the agency distinct powers. A spokesperson for the Sheriff’s Office said they are not ready to comment on which model Roybal would enter into.
Of the 16 arrested individuals transferred to ICE going back to Feb. 14, three face drug-related charges and six face charges related to alleged crimes involving violence. Arresting agencies included the Monument Police Department, Fremont County Sheriff’s Office, Colorado Springs Police Department and the El Paso County Sheriff’s Office.
Five detained individuals with criminal charges were released from the El Paso County jail before ICE authorities could take custody, Sheriff’s Office officials said.
The Teller County Sheriff’s Office in recent months entered a 287(g) agreement under the Jail Enforcement Model, which is designed to identify and process illegal immigrants who have been arrested by state or local law enforcement agencies.
Under the order, a designated immigration officer would be able to interrogate any person believed to be an illegal alien, administer oaths, take and consider evidence, prepare charging documents and issue immigration detainers up to 48 hours, according to officials.
Colorado law prohibits a designated immigration officer from serving and executing warrants of arrest for immigration violations, detaining and transporting arrested illegal immigrants to ICE-approved detention facilities and serving warrants of removal.
In recent weeks, Gov. Jared Polis has signaled his intent to sign Senate Bill 276, which reemphasized existing state law that precludes local law enforcers from detaining an individual based on an “immigration detainer.”
According to the current El Paso County Sheriff’s Office policy , if an ICE detainer is received at the request of the agency, it will be included in the inmate filing at the county jail. If they are released or bonded out, local ICE officials will be “promptly” notified.
The policy also states the release procedure will not exceed six hours, per legal guidelines. Assuming ICE does not arrive, the agency said the inmate would be released.
Roybal said the continued partnership and 287(g) agreement with ICE is important because they are a tool that makes the community safer.
“The people that we are deporting are known criminals. They have a known criminal history. They’re not families. They’re not people who have come to the United States for a better life. They’re a known criminal element,” he said.