Nash, et al. v. Mikesell, Sheriff of Teller County, Colo.

On September 28, 2023, the ACLU of Colorado filed its opening brief to the Colorado Court of Appeals in our case challenging the Teller County Sheriff’s 287(g) Program. We argue that under the 287(g) Program, at the request of U.S. Immigration & Customs Enforcement (“ICE”),  the Sheriff unlawfully prolongs the detention of people who are incarcerated who are otherwise eligible for release from jail. We argue that the Sheriff’s practice of holding people suspected of civil immigration violations past their release date is explicitly forbidden by a Colorado statute, exceeds the Sheriff’s limited arrest authority - and violates the Colorado Constitution’s protections against unreasonable seizures and of the right to bail. Finally, we argue that the trial court was wrong to conclude that either the Sheriff’s peacekeeping duty or an agreement he signed with ICE give him the authority to violate Colorado law.