Illegal immigration crackdown jeopardized
By Mark P. Couch Denver Post Staff Writer
Article Launched: 08/31/2007 01:00:00 AM MDT

A conflict between federal immigration authorities and local law enforcement is jeopardizing the effectiveness of a new Colorado State Patrol unit set up to crack down on illegal immigration.

In early August, the State Patrol's newly created Immigration Enforcement Unit pulled over a van loaded with 18 suspected illegal immigrants on Interstate 70 near the Utah border.

But the federal Immigration and Customs Enforcement agency failed to respond to the State Patrol's request for help.

In addition, the Garfield County jail - the nearest jail with available cells to hold the suspects - is no longer considered an allowable detention facility by ICE because the sheriff allows his officers to carry Tasers.

"Without knowing more, whether this is something that is going to be an issue across the state, and possibly across the country, our efforts in Colorado to crack down on illegal immigration are again being thwarted by the federal government," said Evan Dreyer, spokesman for Gov. Bill Ritter.

The conflict between local and federal authorities came to light Aug. 7 when a member of the Immigration Enforcement Unit pulled over the van west of Grand Junction.

The trooper contacted ICE to pick up the van driver and his passengers. but agents never arrived.

"The trooper sat with the van for a couple of hours," said Lance Clem, spokesman for the Colorado Department of Public Safety. "He didn't get the help he expected from ICE."

When ICE did not show up, "they were turned loose," Clem said.

Carl Rusnok, public affairs officer for ICE in Dallas, said the suspects were not detained because "we did not have the detention space."

Rusnok said the program with the State Patrol has been successful. He cited other cases on Aug. 1 in which agents stopped four loads containing 49 people who have been prosecuted or processed for deportation. He did not have details or comprehensive statistics.

"Things are going quite well, actually," Rusnok said. "Every once in a while things work less well than others. We're cooperating and working quite well with local law enforcement."

Still, the release of so many suspected illegal immigrants on Aug. 7 infuriated a state lawmaker who wants tougher enforcement.

"It becomes very dysfunctional," said Rep. Steve King, R-Grand Junction. "I question, as a representative, if that's a proper use of taxpayers' money."

In 2006, state lawmakers created the Immigration Enforcement Unit, giving it the power to crack down on human trafficking and smuggling on state highways. The State Patrol unit has 22 members, Clem said. The original legislation called for spending $1.5 million on the unit in 2006-07.

The first month of operation for the unit was last month, Clem said, because the State Patrol had to wait for new troopers to graduate from training classes in December. Those new patrol troopers filled in the spots left open by troopers transferred into the new unit.

A report on the unit's work is due to the governor this week, Clem said. He could not provide details about how many arrests it has made.

But now that the unit is operating, it has encountered a new problem: a lack of detention facilities that comply with ICE rules.

Garfield County Sheriff Lou Vallario said federal officials notified him in May that ICE was enforcing a "use of force" policy that prohibited its agents from using Taser stun guns.

"They called me and asked for a letter of assurance that we would not use Tasers," Vallario said, "and I said, 'I cannot do that and I won't do that. Tasers are legal, and used properly, they serve a valuable purpose."'

Rusnok said he could not answer questions about the Taser policy.

"This is a potentially bigger question," Rusnok said. "When we're talking about the Taser policy, it's not just the Denver office. That's for headquarters. I'm still working on that issue as well."

A spokeswoman in ICE's Washington, D.C., office referred questions to Rusnok on Wednesday.

On Aug. 7, when the State Patrol pulled over the van, the Garfield County jail had "room in the inn," Vallario said, but ICE had already revoked its contract allowing the county to hold suspected illegal immigrants.

Boulder County Sheriff Joe Pelle, president of the County Sheriffs of Colorado, said few Colorado counties contract with ICE to hold suspected illegal immigrants. He estimated "half a dozen."

"I'm aware of a concern from most of those sheriffs," Pelle said, adding that ICE also prohibits jails from having detainees sleep on the floor. Many county jails are overcrowded and arrange for some inmates to sleep on the floor.

ICE revoked the Garfield County contract about one year after the American Civil Liberties Union filed a class-action lawsuit in U.S. District Court, alleging that prisoners in the Garfield County jail are shot with pepper-spray balls by guards who also use Tasers and electroshock belts.

That case, which is still pending, and the attention it raised may have caused ICE to demand that the jail stop using Tasers when it has suspected illegal immigrants in custody, Vallario said.

Rep. King said the ICE rule poses an unacceptable risk for jail workers.

"By imposing that on a detention facility that has felony criminals, they're putting those detention workers at risk," King said.

King said he plans to meet with officials from ICE and the State Patrol in Denver next week to investigate the matter and the ongoing problems caused by ICE requirements that jails be Taser-free zones.

http://www.denverpost.com/lacrosse/ci_6765727