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Colorado Democratic Latino Caucus

Cobrado State Capitol, 200 E. Colfax Avenue, Denver, Colorado 80203

January 30, 2018

Honorable Chief Justice Nancy Rice


2 East 14th Avenue
DenverT CO 80203

Re: ICE Arrests at Colorado Probation Offices

Dear Chief Justice Rice,

Through constituent contacts and various media reports, the members of the Democratic Latino
Caucus of the Colorado General Assembly have been made aware of ongoing policies in our
State Judicial Districts that facilitate the arrest of certain individuals by Immigration and Customs
Enforcement (ICE) officials in our state probation offices. We believe these policies and related
procedures subvert the goals of probation and access to justice and jeopardize community
safety. We request that you, through the Chief Judge in each Judicial District, cease facilitation
of any further arrests by ICE in our state probation offices.

In the United States, justice is more than an ideal, it is an unwavering principle embedded in
every aspect of our nation’s foundation. With scales in hand, Lady Justice is blind to all forms of
prejudice, discrimination, partisanship, power, and greed. She stands not only for the citizens of
our great country, but for ALL people. And for that, the United States remains a beacon of hope
for millions around the world,

The Colorado judiciary is no exception to this—showing time and time again a deep commitment
to liberty and iustice for all. Unfortunately, these recent events have shown that personnel in
select state probation offices are willfully overstepping Colorado court authority and acting as an
arm of federal immigration policy. Personnel in these offices are engaging in active collusion
with ICE by employing subversive and discriminatory practices against their service users. The
Office of Denver Adult Probation (ODAP), in particular, has shown a pattern of insidious tactics
meant to trick and trap probationers when attending mandated appointments. These tactics
include escorting ICE agents “in plain clothes” to a conference room “out of view of other clients”
to arrest unsuspecting probationers (October2017 Denver Adult Probation Policy Procedure,
5-043). It was also extremely unsettling that you and State Court Administrator Chris Ryan
testified at the recent Joint Judiciary Committee that the ODAP’s immigration policy had been
modified and now exemplifies an appropriate model procedure.
Honorable Chief Justice Nancy Rice
January 30, 2018
Page Two

To date, thirty-five individuals reportedly have been arrested under this policy. Although the
ODAP policy was again revised in December 2017, it is still flawed for two reasons. First, it still
permits ODAP to contact ICE if the client tells the Probation Officer that he/she was born outside
of the United States. Second, the new related policy regarding ‘Arrests at Request of Outside
Agencies” does not require a judicial warrant for arrest.

The Probation Department is meant to exist as a rehabilitative arm of the justice system-- whose
sole purpose is to serve the will of the court and restore people to the community.

“Since the purpose of probation is educational and reconstructive rather than primarily punitive or
oppressive, the program of probation should envisage only such terms and conditions as are
clearly and specifically spelled out in the statutes and such other conditions as fit probationer by
education and rehabilitation to take his place in society. (Logan v. People for Use of Alamosa
Cnty., 138 Cob. 304, 307 (1958))

Yet, the ODAP’s entanglement with federal immigration enforcement severely undermines their
ability to perform this function. By punishing and intimidating probationers who are willfully
complying with court orders, ODAP is creating incentives for clients to disobey sentence
requirements. Moreover, they are denying potential restitution to victims by arresting
probationers before their sentences are complete.

ODAP’s policy and practice of collaborating with ICE can only serve to discourage people from
participating in the probation program, thereby undermining the goals of rehabilitation and
reintegration. Even under the revised policy, ODAP officers can continue to proactively contact
ICE, maintaining that the “residency status of a client on probation is directly related to the
client’s ability to comply with the terms and conditions of probation” (October 2017 Denver Adult
Probation Policy Procedure, S-043).

However, this claim is a massive overreach, as the sentencing judge should be fully aware of an
individual’s immigration status and has still chosen to grant probation. The judge has, after
much consideration, decided that the public would be best sewed by placing the individual on a
path of recovery and ultimately returning the individual to the community. So it would appear that
the ODAP, a lesser body, is choosing to undermine state judicial authority and independently
decide a person’s fate.

Countless sheriffs, police chiefs and judges across the nation have come out against such state
and federal entanglement—arguing that it blurs the lines of accountability and limits the access
of police and court services to select community members. This kind of two-tiered justice
system inevitably makes our state more chaotic and dangerous, as residents fear cooperating
with authorities. In a March 2017 letter to Attorney General Jeff Sessions and then Secretary
John Kelly, Chief Justice Cantil-Sakauye of California wrote:
Honorable Chief Justice Nancy Rice
January 30, 2018
Page Three

“Enforcement policies that include stalking courthouses and arresting undocumented immigrants,
the vast majority of whom pose no risk to public safety, are neither safe nor fair...They not only
compromise our core value of fairness but they undermine the judiciary’s ability to provide equal
access to justice.” (Letter to Attorney General Jeff Session and Secretary John Kelly. March
2017).

The purpose of state and local law enforcement and, we would assert, that of the state iudiciary
is to build community trust and to be a resource for those in need. It is not their right nor duty to
carry out deeply controversial federal immigration enforcement—causing fear and suspicion in
the population they serve.

It is imperative for the integrity and safety of our state that we maintain separation from federal
coercion and influence. As outlined by the Supreme Court’s own decisions, national and state
governments must preserve autonomy from one another in order to function properly:

“It is an essential attribute of the States’ retained sovereignty that they remain independent and
autonomous within their proper sphere of authority...It is no more compatible with this
independence and autonomy that [statej officers be “dragooned’ into administering federal law,
than it would be compatible with the independence and autonomy of the United States, that its
officers be impressed into service for the execution of state laws.’ (Arizona v. United States, 567
U.S. (2012))

Consequently, as state institutions begin to wield power not prescribed to them, the integrity of
our entire system begins to erode.

Many risk their lives to find solace in the American promise of equity and opportunity.
Often fleeing conflict and traveling thousands of treacherous miles, these hopeful people come
in search of a bailer life. Sadly, many are met with animosity and intolerance.

Yet, where opinion divides us, justice unites us. Standing above the tempest of political rhetoric,
our constitution protects every individual no matter their country of origin. We provide shelter to
victims and fairness to perpetrators. We offer restoration and hope—giving people the
opportunity to heal and make amends.

Therefore, we implore you to no longer allow the federal government to enlist state and local
employees for its own private deportation force. We also ask that you support measures that
protect rights of all residents to fair and equal treatment under the law-- ensuring that all of our
judicial facilities are safe spaces for everyone in our community.

Specifically, we ask that you and your State Court Administrator work closely with the Chief
Judge in each Judicial District to modify the probation procedures identified in this letter to
prevent facilitation of arrests by ICE and ensure that the procedures adopted serve the
restorative goals of probation and society at large.
HonoraMe Chiel Justice Nancy Rice
January 30, 2018
Page Four

you in
We would welcome continuing discussion with you regarding our concerns. Thank
advance for your attention to this mailer.

Sincerely,

The Democratic Latino Caucus-c f-the Colorado General Assembly

<4drienne Lena videx, 3oppaic2


State HouResentative, District 32
(303) 866-2964

On Behalf of the Democratic Latino Caucus

Crisanta Duran, Speaker of the House Lucia Guzman, Senate Minority Leader
State House Representative, District 5 State Senator, District 34

Leroy Garcia Irene Agullar


State Senator, District 3 State Senator, District 32

Dominick Moreno Dan Pabon


State Senator, District 21 House Representative, District 4

Joseph Salazar Donald Valdez, Co-Chair


House Representative, District 31 State House Representative, District 62
Honorable Chief Justice Nancy Rice
January 30, 2018
Page Five

cc: Honorable Chief Judge Philip J. McNulty, First Judicial District


Gilpin and Jefferson Counties
Honorable Chief Judge Michael A. Martinez, Second Judicial District
Denver County
Honorable Chief Judge Claude W. Appel, Third Judicial District
Huerfano and Las Animas Counties
Honorable Chief Judge William Bain, Fourth Judicial District
El Paso and Teller Counties
Honorable Chief Judge Mark D. Thompson, Fifth Judicial District
Clear Creek, Eagle, Lake and Summit Counties
Honorable Chief Judge Jeffrey R. Wilson, Sixth Judicial District
Archuleta, La Plata and San Juan Counties

Honorable Chief Judge J. Steven Patrick, Seventh Judicial District


Delta1 Gunnison, Hinsdale, Montrose, Ouray and San Miguel Counties
Honorable Chief Judge Stephen E. Howard, Eighth Judicial District
Jackson and Larimer Counties
Honorable Chief Judge James Berkley Boyd, Ninth Judicial District
Garfield, Pitkmn and Rio Blanco Counties
Honorable Chief Judge Deborah Eyler, Tenth Judiciai District
Pueblo County
Honorable Chief Judge Patrick W. Murphy, Eleventh Judicial District
Chaffee, Custer, Fremont and Park Counties
Honorable Chief Judge PaWe P Swift, Twelfth Judicial District
Alamosa, Conejos, Costilla, Mineral, Rio Grande and Saguache Counties
Honorable Chief Judge Michael K. Singer, Thirteenth Judicial District
Kit Carson, Logan, Morgan, Phillips, Sedwick, Washington and Yuma Counties
Honorable Chief Judge Michael A. O’Hara Ill, Fourteenth Judicial District
Grand, Moffat and Routt Counties
Honorable Chief Judge Stanley Brinkley, Fifteenth Judicial District
Baca, Cheyenne, Kiowa and Prowers Counties

- Honorable Chief Justice Nancy Rice
January 30, 2018
Page Six

Honorable Chief Judge Mark A. MacDonnell, Sixteenth Judicial District


Bent, Crowley and Otero Counties
Honorable Chief Judge Patrick T. Murphy, Seventeenth Judicial District
Adams and Broomfield Counties
Honorable Chief Judge Carlos Armando Samour, Jr. Eighteenth Judicial District
Arapahoe, Douglas, Elbert and Lincoln Counties
Honorable Chief Judge James R Hartmann, Jr., Nineteenth Judicial District
Weld County
Honorable Chief Judge Ingrid S. Bakke, Twentieth Judicial District
Boulder County
Honorable Chief Judge Brian J. Flynn, Twenty-First Judicial District
Mesa County
Honorable Chief Judge Douglas S. Walker, Twenty-Second Judicial District
Dolores and Montezuma Counties

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