(COLORADO) — Several Colorado law enforcement agencies have called for a shift in legislation and the upper courts due to contradictory laws that are allegedly endangering public safety.
On Tuesday, April 29, the Teller County Sheriff, Jason Mikesell, called on state lawmakers who have introduced recent immigration laws. Sheriff Mikesell argued that bills such as HB23-1100 and SB25-276 protect criminals and prevent law enforcement from detaining people with criminal histories or sharing information about them with federal agencies like Immigration and Customs Enforcement (ICE).
“We as a state are a sanctuary state; we are protecting convicted criminals that are on parole, in prisons, in jails, and on probation,” said Sheriff Mikesell.
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If signed into law, SB25-276 would propose changes to Colorado law, including prohibiting a military force from another state from entering Colorado without the governor’s permission, unless acting on federal orders or as part of the United States armed forces. The bill passed with a vote of 22-13 in the Senate and passed in the Colorado House on Saturday, May 4, and now heads over to Governor Jared Polis’ desk for approval. HB23-1100 prohibits state and local law enforcement from signing new agreements to hold immigration-related detainees on behalf of the federal government.
“We are in unprecedented times, where people are being unjustly targeted, incarcerated, removed, deported; we sit in a position where we may be able to push back and help out to provide some protection,” said Senator Jessie Danielson over SB25-276.
Sheriff Mikesell argued that if passed, the bill would put law enforcement in a “very critical position” as it puts them between federal and state law. “We can’t just say no to laws. But it also identifies Colorado as being the one state that really identifies and says, ‘We will not follow federal law.'”
When asked about Sheriff Mikesell’s statement, a spokesperson for the Governor’s Office provided FOX21 News with a statement and added that Colorado is not a sanctuary state.
“Colorado is not a sanctuary state, and Governor Polis continues urging Congress to secure the border and do their job and pass comprehensive immigration reform,” the statement read. “The Governor’s office has expressed concerns about the original version of SB25-276, and has been working with legislators, as well as stakeholders, including law enforcement, throughout the process on amendments that would help gain his support. The Governor regularly meets with local law enforcement about how Colorado can continue to keep our communities safe.”
ICE Assistant Field Director Robert Coultrip also spoke on Tuesday, April 29, about how state and federal law contradict and further leave law enforcement in a never-ending cycle, as they cannot assist federal agencies.
According to Coultrip, HB19-1124 also hinders ICE’s Criminal Alien Program (CAP), a detainer process that allows ICE to make arrests while an individual is in custody. Coultrip said HB19-1124 targets the progress and lets counties release individuals within their normal time range.
“If we get here in time, we get them, but if we don’t, we don’t, and they are released back to the community,” said Coultrip. He added that some counties allow them to take individuals in custodial environments, while others do not.
On May 6, District Court Judge Charlotte N. Sweeney concluded that the federal government could not use the Alien Enemies Act of 1798 to remove Venezuelans from Colorado who have been accused of belonging to a gang called Tren de Aragua (TdA). On May 2, Sweeney also required the federal government to provide 21 days’ notice to anyone it seeks to deport so they can contest their removal.
FOX21 News also previously spoke to David McDivitt, who explained that the federal government does not need to use the act for those who have been in the U.S. less than two years and entered illegally.
Consequences of not following federal law could soon be seen across the state. On April 28, President Trump signed an executive order targeting sanctuary cities and states. The order says that those states that do not comply with federal law could lose funding.
Teller County Commissioner Dan Williams said that the order could put Colorado in danger of losing $18.4 billion in federal funding.
“You won’t recognize Colorado after this summer if we lose federal funding,” Williams said. “I would ask the legislature to overturn these bills that Jason [Mikesell] talked about, to ask yourself why you’re preventing local law enforcement from working with federal law enforcement.”
On Friday, May 2, the Department of Justice sued Colorado and Denver for allegedly interfering with federal efforts to enforce immigration laws.
“Colorado is not a sanctuary state. The State of Colorado works with local, state and federal law enforcement regularly and we value our partnerships with local, county and federal law enforcement agencies to make Colorado safer. If the courts say that any Colorado law is not valid then we will follow the ruling. We are not going to comment on the merits of the lawsuit,” a spokesperson with the Colorado Governor’s Office told our sister station, FOX31 in Denver, about the lawsuit.
The San Miguel County Sheriff’s Office also spoke up against the executive order, with Sheriff Bill Masters saying the order was an attempt to federalize the Sheriff’s Office to “do the current administration’s bidding on their political cause of the day.”
“Not since the Runaway Slave Act of 1850 has the Federal Government attempted to federalize and use local peacekeepers to fulfill its political objectives,” the statement Sheriff Masters released via Facebook said. “Many Sheriffs of that era refused to enforce (even under penalty of law) the Runaway Slave Act. As concerned as I am regarding federalization of local peacekeepers for immigration enforcement, I also see this current attempt as opening the door for future administrations to consider requiring local Sheriffs to enforce federal laws to arrest firearm owners, political opponents, protestors, etc. Although I am Sheriff of this great county for only another 30 days, I want to assure our local residents that during my short remaining tenure, I will follow Colorado law and not permit the federal government to use my office for political purposes.”
Earlier in March, the Colorado Association of Chiefs of Police (CACP) also appealed to the Colorado Legislature to make a change, as consequences of the current policies were “not theoretical” and “are tragically real, measured in lives lost, communities traumatized, and public spaces rendered unsafe.”
“All the counties in Colorado, all 64, have said that we will stop working with the state of Colorado,” said Williams. “That’s unheard of, we don’t even think about that because we respect the rule of law. I ask the state to respect the rule of law as well.”
FOX21 News reached out to the Governor’s Office for comment over contradicting laws that could hinder local law enforcement, and will update this article when more information is available.

