Colorado Judge Orders ICE to Retrain Officers and Tighten Warrantless Arrest Rules

U.S. District Judge R. Brooke Jackson issued a 60-page order directing Immigration and Customs Enforcement (ICE) to draft a complaint-training program within two weeks and to train every officer authorized to make warrantless arrests in Colorado within 45 days. Officers who remain untrained are barred from conducting warrantless arrests. ICE must also improve Form I-213 arrest reports, provide monthly lists of trained officers and arrest records, and reimburse attorneys’ fees for the immigrant plaintiffs. ICE reports making 15-25 arrests per day in Colorado.

Colorado SunWashington PostJudge Orders Additional Training for Colorado ICE Officers

In November, Judge Jackson issued a preliminary injunction barring ICE from arresting anyone without a warrant unless it could show unlawful presence and a specific flight-risk assessment. Subsequent monitoring showed continued warrantless arrests, prompting the new order.

Washington PostJudge Orders Additional Training for Colorado ICE OfficersColorado Sun

Caroline Dias Goncalves, a 19-year-old University of Utah student, was detained 15 days after a sheriff’s deputy questioned her accent; her family posted a $2,000 bond. Dionisio Castillo, a 53-year-old undocumented construction worker, spent 48 days in detention and was released on a $2,500 bond despite no criminal record and three U.S. citizen children.

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Judge Jackson warned that ICE’s training “has been insufficient” and that agents lack “an adequate understanding of their obligations.” ICE’s statement denied “ongoing, widespread, and willful violations” and cited a recent drop in warrantless arrests as proof of compliance. DHS declined comment.

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Immigration lawyers for the plaintiffs argue ICE’s ongoing warrantless arrests violate federal law and the November injunction. They point to arrest records lacking individualized flight-risk analysis, calling the practice “materially” non-compliant with the court’s order.

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The court found repeated violations, yet ICE claims arrests have fallen and that it is “working diligently” to comply. ICE has not released post-order arrest data; DHS offered no comment.

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• “The Court finds that defendants have materially violated the Court’s (preliminary injunction) Order,” — Judge R. Brooke Jackson

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• “arrests that ICE claims are made pursuant to field warrants are, in fact, warrantless.” — Judge R. Brooke Jackson

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• “ They deny that there are “ongoing, widespread, and willful violations” and they say that a reduction in warrantless arrests is evidence that corrective action is working.” — ICE spokesperson

Judge Orders Additional Training for Colorado ICE Officers

ICE must finalize the complaint-training curriculum within two weeks, complete statewide officer training by the 45-day deadline, and begin monthly compliance reporting. The court retains authority to impose further sanctions if violations persist.

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