ICE legal action takes aim at Denver

WASHINGTON — U.S. Immigration and Customs Enforcement has subpoenaed Denver law enforcement for information on four foreign nationals wanted for deportation and may consider expanding the unusual practice to other locations if necessary. It’s an escalation of the conflict between federal officials and so-called sanctuary cities.

ICE, the Homeland Security agency responsible for arresting and deporting people in the U.S. illegally, could take the subpoena to a federal judge, who can order them to hand over information and find them in contempt if they don’t comply, officials said.

But Denver officials strongly disputed the claim that they had not been cooperative with an initial request for information from ICE. Denver officials said they already had sent along information on three of the men. The fourth was still in custody, and information would be sent when he is released.

But Denver, like many other jurisdictions around the country, will not hold any inmate beyond their release date in order for ICE to collect them because it violates their civil rights.

“We are reviewing the administrative subpoenas from ICE, which were not issued by a court of law,” said Theresa Marchetta, the director of strategic communications with the mayor’s office. “We want to be very clear that our immigration ordinance fully complies with federal law.”

In 2017, then-attorney General Jeff Sessions sent letters to 29 cities, metro areas, counties or states considered to have adopted “sanctuary policies,” saying those policies may violate federal law and threatening to withhold law enforcement grants. They eventually got the funds after courts chipped away at the threat. Thirteen states have enacted laws to allow immigrants to get driver’s licenses without proof they are in the U.S. legally, and some restrict data sharing with federal authorities.

The subpoenas were issued Monday. In three of the cases, officials have 14 days to respond with information, and in one case, three days. Ryan Luby, a spokesman for the city attorney’s office, said the subpoenas requested additional information than what was already provided.

“The subpoenas were not issued by a court of law and not signed by a judge. There is no indication they are related to a criminal investigation,” he said. “Denver does not comply with subpoenas unless they are Court-ordered or unless they are primarily related to a criminal investigation. Our immigration ordinance fully complies with federal law.”

Henry Lucero, deputy executive associate director for ICE’S Enforcement and Removal Operations, said the agency doesn’t want to get into the business of subpoenaing fellow law enforcement agencies— he called it a last resort. But because of changes in how municipalities work with ICE, it could be necessary, he said. And ICE officials believe they have the legal right to do it under the Immigration and Nationality Act.

“In the past, we had full support. We collaborated in the interest of public safety,” he said.

“This is a drastic change,” he said of the subpoenas. “And one ICE is forced to do, and puts other agencies on notice that we don’t want this to happen. We want to protect the public.”

The administrative subpoenas are usually sent by ICE to employers or landlords — but have never been sent to law enforcement agencies before, Lucero said.