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Local lawyers warn council about possible ICE flights, CoreCivic expansion and legal risks
Summary
Speakers told the council that ICE internal memos and private prison postings point to a potential reopening and expansion of the Cuerfano (Cœurfano) County Correctional Facility and possible detention flights into Pueblo Memorial Airport; presenters outlined constitutional risks and state statutory limits on municipal contracts with detention and
Richard Arona, managing partner at Arona Garcia Galvez, and his son, attorney Roman Arona, briefed the Pueblo City Council on Oct. 27 about media reports and documents they said indicate Immigration and Customs Enforcement (ICE) and private prison operator CoreCivic are preparing to expand detention capacity at the Cuerfano County Correctional Facility and to use flights that could land at Pueblo Memorial Airport.
"You have to let them land if they choose to. But what you don't have to do is contract with them," Roman Arona told the council, describing the difference between federal aviation authority over landings and any municipal decisions to provide services, exclusive control or facilities for ICE operations.
The Aronas said a Washington Post report and ICE internal guidance singled out communities for expanded detention; CoreCivic has posted job openings for the correctional facility, which they said currently lists a roughly 752-bed capacity and is seeking expansion. The presenters described operational scenarios in which multiple flights could arrive daily and undocumented detainees could be held temporarily at an airport facility before ground transport to a detention center, potentially creating legal exposure and operational burdens for a municipal airport.
Roman Arona highlighted Colorado legislation he said restricts local cooperation with privately run correctional facilities and detention contracts. "This is a very, very expansive law," he said, referring to a 2023 state measure he identified as "house bill 23 1100," and said municipalities may face state-law liability if they enter contracts that facilitate detention operations or transfer public property or payments to private detention operators.
The presentation also addressed constitutional protections, due process and the potential humanitarian consequences of expanded detention. Richard Arona described work he and his son did in detention centers and cited detainee medical and legal access concerns. He said recent reports show deaths in ICE custody and alleged denials of basic medical procedures, adding that detention conditions can resemble jails and raise serious legal and ethical questions for cities that might facilitate flights or on-site holding.
Councilors asked whether the city had been approached. City Chief of Staff Brian McCain said no contracts or negotiations had occurred. "No. I mean, that's my update. There's been no conversations. There's been no contracting," McCain said when asked whether the city had been contacted by federal authorities or others about airport use.
Councilors and presenters discussed statutory protections for sensitive places, court proceedings where detainees could be taken, and enforcement practices including officers operating without identifying badges. Presenters urged the council to consider whether the city would want to enter any contractual arrangements that could create legal obligations or expose the city to liability under state law.
