Lake County commissioners hear briefing on immigrant rights, enforcement risks and local resources

Karen McCarthy, an immigration attorney who lives in Leadville, told the Lake County Board of County Commissioners on Wednesday that recent federal guidance and executive actions have increased detentions and heightened fear among immigrant residents.

McCarthy said immigration agents can enter public places and sometimes rely on documents issued by immigration officers that are not judicial warrants, adding that “you do not have to talk to an immigration officer” and that residents may ask, “Am I free to leave?” to protect their rights.

The attorney summarized practical differences between judicial warrants, which require a judge’s finding of probable cause, and civil immigration documents issued by immigration agents. She said those immigration documents “do not carry the same weight” as judicial warrants and that agents have sometimes waited outside courthouses or probation offices to intercept people attending proceedings.

McCarthy described a recent pattern she and other immigration attorneys have seen nationwide of detentions that include people without new criminal charges, including people with pending asylum claims or old charges. She said some detainees are quickly released if they have status or pending applications, but many must seek immigration bonds that can range “anywhere between $2,000 to $20,000.”

The attorney also discussed the likely community impacts of increased enforcement. She said counties can expect child-welfare and human-services consequences when parents are detained or deported and suggested families have emergency guardianship plans to reduce the risk of children entering foster care. “If there is no family plan … the child could be placed in the system,” she said.

Local law enforcement cooperation and liability drew questions from commissioners. McCarthy said Colorado law provides some protections and that local agencies have discretion; she relayed her understanding that Lake County’s sheriff had directed staff not to voluntarily cooperate with civil immigration detentions beyond the person’s otherwise eligible release time. She warned that continuing to hold people beyond that point could expose a county to civil liability.

McCarthy and county staff identified community resources and outreach already active in the region, including Lake County Build A Generation, St. George’s, Mountain Dreamers, and the Rocky Mountain Immigrant Advocacy Network. She said attorneys and nonprofits have been providing “know your rights” materials and bilingual wallet cards that community members can hand to agents, and that outreach events are planned when organizers judge it safe to do so.

Commissioners asked about who is targeted in enforcement and whether the stated federal priority for aggravated felons is being followed. McCarthy said priorities historically focused on aggravated felons and traffickers but that recent practice appeared broader: “It seems that the federal government is trying to boost its numbers of detentions,” she said, and reported receiving reports of nonviolent detentions in other parts of Colorado.

She recommended education for the public and for local prosecutors and municipal courts so defendants understand how low-level criminal pleas can affect immigration status. County staff said they have been discussing advisement practices in arraignment and municipal courts to reduce unintentional immigration consequences.

The briefing closed with a call for local leaders to promote accurate information and measured policy discussion, and with McCarthy offering to share sample materials and documents with county staff.

Ending: The work session ended at about 11:06 a.m.; no formal motions or votes were recorded during the briefing.