A new regulation in Colorado will quickly save you nearby governments and nearby regulation enforcement from protecting an inmate for longer than their sentence if you want to satisfy an immigration detainer request from federal authorities. HB19-1124, titled Protect Colorado Residents From Federal Government Overreach, changed into signed into regulation by using Governor Polis this week. Unfortunately, this very last version exceeded via the Colorado General Assembly is watered down from the original, reportedly at the request of Gov. Polis, who might no longer signal an invoice putting forward Colorado a sanctuary kingdom.
WHAT THE LAW PROHIBITS
The law prohibits government employees from honoring immigration detainer requests or keeping someone in prison for immigration authorities if they’re already eligible for launch. This consists of someone who’s now not going through criminal fees, has served all in their sentence(s), has posted bond, has become mentioned pretrial diversion or is in any other case eligible for launch beneath country or municipal law. Furthermore, law enforcement can not – without a federal warrant or writ – make an arrest or detain someone based on a federal immigration violation, nor can they bypass information about a person’s immigration reputation to the federal government.
The act developing the law states, “Requests for civil immigration detainers are not warrants beneath Colorado law… None of the civil immigration detainer requests received from the federal immigration government are reviewed, authorized, or signed by using a judge as required by Colorado regulation. Therefore, the continued detention of an inmate at the request of federal immigration government past when she or he would in any other case be released constitutes a warrantless arrest, that’s unconstitutional.”
The act creating the regulation states, “Colorado regulation expressly limits the power of sheriffs to imposing crook law, making arrests for violations of crook regulation, and housing prisoners for violations of criminal law.”
WHAT THE LAW DOES NOT PROHIBIT
Local law enforcement will nevertheless be allowed to execute search warrants if an order was issued by using a kingdom or federal choice. It can even no longer restrict law enforcement from entering into or maintaining agreements with the federal government to transport prisoners held for criminal violations or from attractive in the investigation and enforcement of neighborhood, country, and federal crook legal guidelines. Federal immigration authorities could be allowed to behavior phone or video interviews with detainees or prisoners who’re suggested in their right to remain silent, proper to talk to an attorney, and that anything they say can and will be used against them in a court of law.
Prior variations of the bill covered no longer allowing federal immigration government access to all and sundry in custody without a warrant or writ from a federal judge. There also becomes a provision prohibiting contracts or agreements to assist the federal immigration government. Earlier this yr, the Teller County Sheriff’s Office entered into such an agreement with Immigration and Customs Enforcement to help decide whether or not criminals delivered into the prison are in u . S. Legally.