ICE Deportations Disrupt Colorado Criminal Court Proceedings

Key Takeaways

• ICE arrests with criminal charges in Colorado rose 91% from January to June 2025.
• Since June 2025, ICE refuses in-person court transport, allowing only video appearances in Denver and Adams County.
• Deportations before state prosecutions cause case delays, dismissals, and victim justice denial in Colorado.

Immigration enforcement by ICE and the criminal justice system in Colorado are clashing in new and serious ways. As of July 2025, ICE deportations are causing major problems for Colorado criminal prosecutions, especially in Denver and surrounding counties. This situation has become more complicated due to recent policy changes, expanded detention, and a growing disagreement between federal immigration authorities and Colorado’s state courts.

To help readers understand what’s happening, this comparison will look at two main options:
1. ICE deportations before state criminal prosecution is complete
2. Allowing state criminal prosecutions to finish before ICE deportation

We’ll break down the requirements, timelines, and costs for each approach. We’ll also look at the pros and cons for different groups, including immigrants, victims, law enforcement, and the public. Finally, we’ll offer recommendations and a decision-making guide for those affected by these changes.

Understanding the Two Options

Option 1: ICE Deportations Before State Criminal Prosecution
– ICE detains and removes immigrants from the United States 🇺🇸 before their criminal cases in Colorado courts are finished.
– This can happen even if the person faces serious charges like kidnapping, robbery, or sex crimes.
– ICE now often refuses to bring detainees to court in person, offering only video appearances, which are usually not enough for full trials.

Option 2: Allowing State Criminal Prosecutions Before ICE Deportation
– The state criminal case is allowed to finish before ICE takes any action to deport the person.
– The accused attends all court hearings and, if found guilty, serves any sentence before ICE begins removal proceedings.

Let’s compare these two options in detail.

Side-by-Side Analysis: Requirements, Timelines, and Costs

Requirements for Each Option

ICE Deportations Before Prosecution
– ICE must have legal grounds to detain and remove the person (immigration status violation, criminal record, or both).
– Colorado law prohibits local jails from holding people solely for ICE, so transfer to ICE custody must be immediate after release from jail.
– ICE must decide whether to allow the person to attend state court. As of June 2025, in Denver and Adams County, ICE refuses in-person court transport, offering only video appearances.
– If ICE removes the person before the criminal case is resolved, the prosecution is usually stalled or dismissed.

State Prosecution Before Deportation
– Requires cooperation from ICE to keep the person in Colorado until the criminal case is finished.
– The accused must attend all court hearings in person.
– After the case is resolved (acquittal, conviction, or sentence served), ICE can proceed with removal if the person is still subject to deportation.

Timelines

ICE Deportations Before Prosecution
– Arrest by local police → Notification to ICE → Immediate transfer to ICE custody → Possible video court appearance → Deportation (can be within weeks)
– Criminal case in Colorado is delayed, sometimes for years, or dismissed entirely if the defendant is not present.

State Prosecution Before Deportation
– Arrest by local police → Criminal case proceeds in Colorado courts → All hearings and trial attended in person → Sentence served if convicted → ICE removal process begins (can take months or years, depending on case complexity)

Costs

ICE Deportations Before Prosecution
– ICE: High costs for detention, transport, and removal, especially with expanded facilities in Denver. ICE is running out of money due to the surge in detentions, especially for non-criminal immigrants.
– State of Colorado: Wasted resources on cases that cannot proceed. Prosecutors, courts, and law enforcement spend time and money on cases that may be dismissed if the accused is deported.

State Prosecution Before Deportation
– ICE: Lower immediate costs, but must wait longer to remove the person.
– State of Colorado: Resources are used as intended, with cases resolved and justice served.

Pros and Cons for Different Groups

For Immigrants
– ICE Deportations Before Prosecution: May avoid state criminal penalties but face immediate removal. Risk of being deported before clearing their name or defending against charges.
– State Prosecution Before Deportation: Get a chance to defend themselves in court, but may face jail time if convicted before deportation.

For Victims
– ICE Deportations Before Prosecution: Often denied justice, as cases are dismissed or delayed. May never see the accused held accountable.
– State Prosecution Before Deportation: Greater chance for closure and justice. Can participate in the process and see the outcome.

For Law Enforcement and Prosecutors
– ICE Deportations Before Prosecution: Frustration over inability to prosecute serious crimes. Wasted effort and resources.
– State Prosecution Before Deportation: Able to do their jobs and protect public safety. Can pursue justice for victims.

For the Public
– ICE Deportations Before Prosecution: Public safety concerns if serious offenders are deported without facing charges. Erodes trust in the justice system.
– State Prosecution Before Deportation: Offenders are held accountable locally. Maintains confidence in the courts.

Recent Developments and Policy Shifts

• In June 2025, ICE stopped allowing detainees to attend criminal court in person in some Colorado counties, including Denver. This has led to missed hearings, confusion, and more case dismissals.
• Between January and June 2025, ICE arrests of people with criminal charges or convictions in Colorado rose by 91%. Detentions of people booked only for immigration violations jumped by over 800%.
• Prosecutors estimate that dozens of criminal cases per week are being disrupted in Colorado due to ICE’s refusal to transport detainees to court.
• Of 78 people tracked by CPR News in 2025, 21 had pending felony charges in Colorado courts. Many were detained or deported by ICE before their cases could proceed.

Stakeholder Perspectives

• Colorado District Attorneys: Say victims may not get justice if defendants are removed before trial. Chief Deputy District Attorney Brian Sugioka said, “It is unlikely we’ll be able to prosecute the defendant anytime soon. Sadly, the victims in these cases may not receive the justice they deserve.”
• Sheriffs: Report being caught between state laws (which prohibit holding people solely for ICE) and federal demands. Adams County Sheriff Claps said, “We’re stuck in the middle of this feud between the federal government and the state, and we have to comply with the laws that we have in the state of Colorado.”
• ICE: Has shifted to video court appearances, but local officials say this is not enough for due process or victim participation. ICE’s Denver office told Adams County it would “no longer honor Body Writ from Adams County and District Courts” but would allow video writs.
• Federal Officials: Some, like Rep. Gabe Evans (R-CO), urge ICE to focus on immigrants with criminal backgrounds and criticize the broadening of enforcement to include non-criminal immigrants.
• ACLU and Advocacy Groups: Warn that ICE’s expanded detention and deportation practices undermine the state criminal justice system and endanger due process and victims’ rights.

Policy Implications and Practical Effects

• Case Dismissals and Delays: When defendants are deported or detained by ICE before their criminal cases are resolved, prosecutions stall or are dismissed, especially in serious felony cases. Victims and witnesses are denied closure, and public safety concerns arise as some cases remain unresolved.
• State-Federal Conflict: Colorado law prohibits local jails from holding individuals solely for ICE, creating a legal standoff. ICE’s refusal to transport detainees to court makes this worse, leaving local authorities with few options.
• Victims’ Rights: Victims are often unable to see their accused perpetrators prosecuted, undermining confidence in the justice system and potentially violating victims’ rights under Colorado law.
• Resource Strain: The surge in ICE detentions, especially of non-criminal immigrants, is straining both federal and local resources. ICE is running out of money, and local courts face mounting backlogs and confusion.

Recommendations for Specific Circumstances

• For Victims and Witnesses: If you are a victim or witness in a case affected by ICE deportations, contact the Colorado Judicial Branch or the ACLU of Colorado for support and updates on your case.
• For Defendants: If you are facing both criminal charges and ICE detention, seek legal help immediately. You may have the right to attend your criminal proceedings in person, and your lawyer can push for this.
• For Law Enforcement and Prosecutors: Work closely with both state and federal officials to track detainees and request in-person court appearances whenever possible. Document all disruptions and advocate for policy changes that protect due process.
• For Policy Makers: Consider new agreements or laws that balance immigration enforcement with the need for justice in state courts. Prioritize cases involving serious crimes and ensure victims’ rights are protected.

Decision-Making Framework

When deciding which approach is best in a given case, consider the following:

1. Seriousness of the Criminal Charges:
   • For violent or serious felonies, it is usually better to allow state prosecution before deportation to ensure public safety and justice for victims.
   • For minor offenses or non-criminal immigration violations, ICE removal may be more appropriate if resources are limited.
2. Victim and Community Impact:
   • If victims’ rights or community safety are at risk, prioritize prosecution before deportation.
3. Resource Availability:
   • If ICE or local courts are overwhelmed, focus on the most serious cases for prosecution before removal.
4. Legal Requirements:
   • Follow state and federal laws regarding detention, court appearances, and due process.
5. Cooperation Between Agencies:
   • Encourage communication and cooperation between ICE and Colorado courts to minimize disruptions.

Looking Ahead: Future Outlook

• ICE is planning to expand detention facilities in the Denver area, which could increase the number of immigrants detained and deported before their criminal cases are resolved.
• Ongoing lawsuits and political pressure may force changes in how ICE and Colorado courts work together, but no solution is expected soon.
• Unless a new agreement is reached, disruptions to Colorado’s criminal justice system are likely to continue, affecting more cases each month.

Where to Find More Information

For the latest statistics and updates on ICE deportations, visit the ICE Enforcement and Removal Operations Statistics page. The Colorado Judicial Branch and the ACLU of Colorado also provide resources for those affected by these issues.

As reported by VisaVerge.com, the growing conflict between ICE deportations and Colorado criminal prosecutions highlights the need for better coordination and clearer policies to protect both public safety and the rights of all involved.

Key Takeaways

• ICE deportations are causing major problems for Colorado criminal prosecutions, especially in Denver.
• When ICE removes defendants before their criminal cases are finished, victims may not get justice and public safety can suffer.
• Allowing state prosecutions to finish before deportation protects due process and victims’ rights but requires more cooperation and resources.
• Each case should be reviewed based on seriousness, victim impact, and legal requirements.
• For help, contact the Colorado Judicial Branch, the ACLU of Colorado, or check official government resources for updates.

By understanding these options and their effects, readers can make informed choices and advocate for fair and effective policies in Colorado’s justice and immigration systems.

Learn Today

ICE → U.S. federal agency enforcing immigration laws, responsible for detaining and deporting unauthorized immigrants.
Deportation → The legal removal of a person from a country for violating immigration laws.
Due Process → Legal requirement ensuring fair treatment through the judicial system before depriving rights.
Criminal Prosecution → The process of charging and trying someone accused of a criminal offense in court.
Video Appearance → A court hearing participation method via remote video, often limiting defendant interaction.

This Article in a Nutshell

ICE deportations before court prosecutions disrupt Colorado justice, denying victims closure and delaying trials. Cooperation between ICE and courts is crucial to balance enforcement with due process and public safety.
— By VisaVerge.com