Save this content for laterSave this content on your device for later, even while offline Sign in with FacebookSign in with your Facebook account Close

State high court declines to hear El Paso County's appeal on sheriff's ICE holds

April 12, 2018 Updated: April 12, 2018 at 3:02 pm
0
Caption +
The Colorado Supreme Court has declined to hear an appeal from El Paso County after a 4th Judicial District Judge ordered the release of two inmates who were being held solely at the request of federal immigration enforcement authorities. Photo courtesy state of Colorado.

The Colorado Supreme Court has declined to hear El Paso County's appeal of a 4th Judicial District Court judge's ruling that freed two inmates being held solely at the request of federal immigration enforcement authorities.

The American Civil Liberties Union of Colorado sued Sheriff Bill Elder on Feb. 27 on behalf of two inmates, arguing that the Sheriff's Office has illegally kept people in jail "for days, weeks, even months" after they posted bond or resolved their cases because U.S. Immigration and Customs Enforcement (ICE) asked that they be detained.

At issue is whether Elder can legally jail a suspected undocumented immigrant without a signed warrant from a judge on behalf of ICE.

On March 20, 4th Judicial District Judge Eric Bentley granted a preliminary injunction, ordering the Sheriff's Office to honor bonds for ACLU clients Saul Cisneros, 47, and Rut Noemi Chavez Rodriguez, who would have been eligible for release if ICE hadn't requested thy be detained.

The county appealed Bentley's decision to the state's high court, asking for the preliminary injunction to be lifted while the case is pending.

Sheriff's spokeswoman Jacqueline Kirby declined to comment on the ruling.

ACLU Legal Director Mark Silverstein applauded the latest decision.

"Judge Bentley ruled that when jail prisoners post bond, complete their sentence, or otherwise resolve their criminal case, Colorado law requires the sheriff to release them," Silverstein said in a statement. "We believe Judge Bentley got it right, and the (Colorado) Supreme Court didn't disagree.

Bentley has yet to make a final ruling on the legality of Elder's practice of honoring ICE's requests to detain inmates, said Senior Assistant County Attorney Kenneth Hodges, who added the case could end up going to trial.

-

Contact Rachel Riley: 636-0108

Register to the Colorado Springs Gazette
Incognito Mode Your browser is in Incognito mode

You vanished!

We welcome you to read all of our stories by signing into your account. If you don't have a subscription, please subscribe today for daily award winning journalism.

Register to the Colorado Springs Gazette
Subscribe to the Colorado Springs Gazette

It appears that you value local journalism. Thank you.

Subscribe today for unlimited digital access with 50% fewer ads for a faster browsing experience.

Already a Subscriber? LOGIN HERE

Wake up with today's top stories in your inbox

Wake up with today's top stories in your inbox

or
Already a print subscriber?
Already a digital subscriber?
 
This is your last FREE article for the month
This is your last FREE article for the month

Subscribe now and enjoy Unlimited Digital Access to Gazette.com

Only 99 cents for Unlimited Digital Access for 1 month
Then $2.31/week, billed monthly, cancel anytime
Already a print subscriber?
Already a digital subscriber?

 
You have reached your article limit for the month
You have reached your article limit for the month

We hope that you've enjoyed your complimentary access to Gazette.com

Only 99 cents for Unlimited Digital Access for 1 month
Then $2.31/week, billed monthly, cancel anytime
Already a print subscriber?
Already a digital subscriber?
 

Exclusive Subscriber Content

You read The Gazette because you care about your community and the local stories you can't find anywhere else.

Only 99 cents for Unlimited Digital Access for 1 month
Then $2.31/week, billed monthly, cancel anytime
Already a print subscriber? Get Access | Already a digital subscriber? Log In
 
articles remaining
×
Thank you for your interest in local journalism.
Gain unlimited access, 50% fewer ads and a faster browsing experience.