ROARING FORK BROADCASTING COMPANY
The Trump administration’s immigration rhetoric and executive action parade are renewing anxieties about raids and arrests in the Roaring Fork Valley, placing local law enforcement in the middle.
Pitkin and Garfield counties and their sheriff’s offices operate under the same state law, but approach the issue from different angles.
State law prohibits state and local law enforcement officials from arresting or detaining an individual based on an Immigrations and Customs Enforcement detainer request, an administrative action that does not have a signature from a judge.
State and local governments are prohibited from entering into or renewing contracts with the federal government regarding immigration detention facilities, as well, per a 2024 Legislative Council Staff issue brief.
Federal law blocks access for some legal immigrants and all undocumented immigrants to federal public benefits, but Colorado state law extends eligibility for state and local benefits to those without lawful immigration status.
According to the American Immigration Council, physical presence in the country without proper authorization is a civil violation, not a criminal offense. The federal government instead prosecutes misdemeanor “illegal entry” and felony “illegal re-entry” offenses.
As Pitkin and Garfield counties and their sheriffs consider their level of cooperation following President Donald Trump’s Jan. 20 executive order “Protecting the American People Against Invasion,” Colorado state law and whether or not the feds have a court-issued warrant shape their positions.
Venezuelan immigrants fill out paperwork at Carbondale’s Third Street Center so that they can receive government assistance in this file photo from November 2023.
Aspen Daily News file
Pitkin County passed a resolution in April 2017 affirming that the county is a “welcoming community for immigrants” and outlining county protocol for immigration status questions. It stands today as the county’s position on federal immigration law enforcement and local cooperation.
It draws a clear line between court-sanctioned federal immigration action and when agencies rely on administrative requests, which predated state law on the detainer requests by about two years. Pitkin County will not assist in ICE or U.S. Customs and Border Protection law enforcement efforts without a warrant signed by a judge.
“We don’t believe that the federal government can force local jurisdictions or state jurisdictions to take on the responsibilities of the federal government by withholding resources,” said County Manager Jon Peacock in an interview.
The resolution states that county employees and Sheriff’s Office employees cannot provide to ICE or CBP non-public information about an individual — including but not limited to non-public information about an individual’s release date from detention, home address, or work address unless the request is accompanied by a judicial warrant.
County employees cannot inquire about immigration status for services unless the service requires disclosure.
“To the degree that there are concerns or rumors that county facilities would be targeted for ICE raids, they do need to contact us, and so we don’t want people to have fear of accessing public services,” Peacock said. “That’s in the interest of protecting public health.”
Sheriff Michael Buglione said that his team will only provide mutual aid to federal immigration agencies if they have a warrant for someone’s arrest.
“If they have a warrant for someone, we will come and assist you. If you don’t have a warrant for someone, you’re not welcome,” he said. “If you’re just doing a roundup of people, you’re not welcome. And I’ll go there myself, personally, and tell them that you are not welcome here unless you have a warrant for someone.”
If he receives a courtesy notice that ICE or CBP intend to execute a raid or another action in his jurisdiction, Buglione said he would weigh public interest and safety and whether or not the agency had a signed warrant.
“It creates a panic, creates an unsafe situation, if a federal agency is going to come in and enforce their laws. I know it sounds like I might be going against a law enforcement fundamental, but I think I’d have to notify,” he said. “I would maybe put something on Facebook that we’ve been informed that ICE is in the valley.”
Buglione and Peacock said that if ICE has a warrant, then the public safety balance would likely lean toward not disclosing the notice. But it all depends on if Pitkin County or the Pitkin County Sheriff's Office is made aware at all. Pitkin County came under scrutiny from the federal government during Trump’s first term after the 2017 resolution, per Aspen Public Radio.
In March 2024, the Garfield Board of County Commissioners passed a resolution defining themselves as a “non-sanctuary county” that would not “directly open shelters or provide services, other than emergency services, to uninvited migrants and/or undocumented immigrants that may arrive in unincorporated Garfield County.”
That resolution had little bearing on Garfield County Sheriff Lou Vallario’s work, he said, but he agreed with the BOCC’s choice to make the distinction.
Vallario said his department will cooperate with federal immigration law enforcement to the extent allowed by state law.
Immigration detainer requests from ICE ask the receiving agency to notify ICE as soon as possible before releasing a “removable alien” and hold them up to 48 hours longer than they otherwise would to accommodate the federal immigration law timeline.
Vallario said that state law limits them to six hours of longer holding, but GCSO practice is to notify the agencies when someone is set to be released if they request that information.
“What ICE does is they go through our public website and look for arrests and find people that they’re interested in that they want to detain,” Vallario said. “Then they notify our jail and they say, ‘Hey, can you notify us when this person is going to be released?’ And of course, we comply with that too, just like we would comply if it was a parole officer or any other agency.”
Vallario also said that if ICE or any other law enforcement agency requested information on a person of interest, like a resident address or place of work, the GCSO would provide that information with or without a criminal warrant. Pitkin County and the PCSO require a judicial warrant for that kind of information.
If he is notified of ICE or other activity in his jurisdiction, Vallario said that is not something he would disclose to the community.
“They are a law enforcement agency, and I’m not going to compromise them or put them in jeopardy,” he said. “Unless you’re doing something wrong, why would you be in fear? … If they are here illegally, they need to come on the radar of ICE.”
Vallario stressed that the GCSO position on cooperation stands for any other law enforcement agency, but there is a clear distinction defined by state law that immigration status is not germane to the activities of local law enforcement.
“I have had this conversation hundreds of times over the years,” he said. “Do not be afraid. We are not immigration … We have no legal interest in that. We want to help you if you’re a victim.”
A common reasoning behind local entities limiting their cooperation with federal immigration law enforcement is to ensure victims of crime are not afraid to report that crime for fear of deportation.
Vallario said he’s long been aware of that issue, but does not have a perfect solution.
“I hear that concern all the time, and I don’t know how to fix that,” he said. “From a local law enforcement organization, Garfield County Sheriff’s Office — and I would argue probably most law enforcement agencies — if we get called to a crime, if we have to investigate something, immigration status has absolutely positively no bearing.”
Buglione agreed that they do not want community members to fear sheriff’s deputies, which is part of the reasoning behind the 2017 resolution.
“I’ve witnessed that, and we don’t want people to feel that way. Someone is being abused under their own roof. We want them to feel safe and free to report it,” he said. “We’re not looking to deport them. We’re looking to get the person who’s doing the abuse arrested and whatever happens after that arrest.”
According to Vallario, ICE arrested an individual outside of the Garfield County Courthouse sometime last week.
Vallario said he originally thought the information was inaccurate because neither his office nor the Glenwood Springs Police Department knew about the incident, but later confirmed with ICE that they did “pick them up” in the courthouse parking lot after a court appearance.
ICE declined to confirm or deny the arrest or the individual’s identity. Vallario said it was his understanding that the person had been charged or convicted of a crime involving a minor.
“Due to our operational tempo and the increased interest in our agency, we are not able to research and respond to rumors or specifics of routine daily operations for ICE,” a spokesperson said in an email.
Alex Sánchez, the president and CEO of Glenwood Springs-based Voces Unidas de las Montañas, said the organization is doubling down on Know Your Rights efforts in the recent landscape.
Their website has resources from the National Immigration Law Center outlining the rights of immigrants with and without legal status, plus printable cards with instructions and scripts for interacting with law enforcement.
With Latino community members, those with status and those without, traveling across counties to get to-and-from work or other obligations, Sánchez said knowing local entities’ positions and cooperation levels is essential for public safety.
“Members of the community in those situations, will not report potentially domestic violence, will not call 911, even when it’s needed,” he said. “There’s going to be a lot of rumors. It is incumbent upon the local authorities, local electives, and local towns and municipalities to help make sure that those rumors are clarified as soon as possible to ensure that people don’t go through that trauma.”
Voces Unidas first reported that an ICE arrest took place in Glenwood Springs last week.
Vallario published his and the GCSO’s position on cooperation on Friday. In a social media post (originally in Spanish then translated) Voces Unidas criticized their position.
“Voces Unidas again recommends the community to take extreme caution in any interaction with this hostile agency and report if any sheriff’s office employee asks about people’s immigration status or violates any other state law. Remember your rights,” it stated.