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Attorneys warn Pueblo council of legal risks if ICE detention flights use local airport; city says no contracts
Summary
Attorneys told Pueblo City Council that leaked ICE planning and CoreCivic activity could bring detention flights and temporary holding to the region, but city staff said Pueblo has no contracts or ongoing negotiations with ICE or private detention operators.
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A pair of attorneys briefed the Pueblo City Council on Oct. 27 about a possible expansion of immigration detention in Colorado and the legal risks the city could face if it were to facilitate ICE operations.
Richard Arona, managing partner at Arona Garcia Galvez, and an accompanying presenter told councilors a published ICE internal memo and CoreCivic job postings indicate Huerfano County Correctional Facility — a privately run center — is being eyed for expanded detention. The presenters said ICE could move people between jurisdictions and that flights into Pueblo Memorial Aviation Airport could be followed by ground transfers to other facilities.
"You have to let them land if they choose to," one presenter said, noting federal authority over aviation, "but what you don't have to do is contract with them." He and Arona warned that entering into contracts with ICE or private prison operators could create state‑law liability in Colorado. The presenters identified House Bill 23‑1100 as a statutory limit discussed in the briefing that restricts municipal cooperation with privately run correctional facilities and certain detention contracts.
The presenters also raised civil‑rights concerns about detention conditions, due process and family separation. They cited recent reports of deaths in ICE custody and said detainees often lack routine access to counsel and adequate medical care.
Councilors questioned legal differences between federal landing rights and local contracting and asked about "protected spaces" such as schools and churches. The presenters said federal policy and recent enforcement practice have changed in ways that may broaden enforcement reach into sensitive locations and that state law may not always provide explicit protections.
City Chief of Staff Brian McCain told councilors the city has had no conversations about contracting with ICE or with CoreCivic and that no contracts are in place. "No. There's been no conversations. There's been no contracting," McCain said in response to council questions about whether the city had been approached.
Councilors did not make any formal policy changes during the briefing but asked staff to monitor developments and to follow up with legal counsel as needed.

