Colo. Ct. App. on 287(g) – Nash v. Mikesell

Nash v. Mikesell "A division of the courtroom of appeals considers whether or not Colorado regulation prohibits state or native regulation enforcement officers from performing the arrest and detention features of federal immigration officers underneath an settlement executed pursuant to eight U.S.C. § 1357(g). The division concludes that the settlement violates Colorado regulation. Particularly, it concludes that state or native regulation enforcement officers are prohibited from arresting and detaining people in any other case eligible for launch underneath Colorado regulation on the idea of a civil immigration detainer as outlined underneath part 24-76.6-101(1), C.R.S. 2023. … At subject on this enchantment is whether or not sure actions carried out underneath TCSO’s 287(g) settlement (TCSO’s Settlement) with ICE are prohibited by sections 24-76.6-101 and -102, C.R.S. 2023, or article II, sections 7 and 19 of the Colorado Structure. We conclude that sections 24-76.6-101 and -102 prohibit the arrests and detentions purportedly licensed by TCSO’s Settlement. … [R]emand is acceptable for the district courtroom to make detailed findings and conclusions concerning whether or not plaintiffs have met their burden for a everlasting injunction."