Community Corner: Michael Dougherty on ICE and Knowing Your Rights in Colorado

(Community Corner is provided as local contributions from experts in their field as well as local residents.)

As communities across the country continue to voice valid concerns about ICE, it is crucial that people understand their rights in Colorado and the many ways we can protect ourselves and our immigrant communities. Every person has constitutional rights, regardless of immigration status. Those rights include:

• You are permitted to film and voice record ICE activity.
• You have the right to remain silent and do not have to answer questions about your immigration status.
• In Boulder County, local law enforcement officers will not ask any questions about one’s immigration status and, if it is learned, will not report it to ICE.
• You do not have to open your door unless ICE presents a federal warrant approved by a judge. Civil immigration detainers are not warrants under Colorado law (C.R.S § 13-1-403). To determine if the document is a warrant, look for the word “warrant” and the name and signature of a federal judge.
• If you encounter ICE, you can ask if you are free to leave. If the answer is yes, you may calmly walk away.
• If you witness misconduct by ICE or other federal agents, you can report it to 911, your local District Attorney’s Office or the Attorney General’s Office.
  • District Attorney 303-441-3700
  • Colorado Attorney General’s Office 720-508-6000 or online at www.coag.gov
• Colorado law prohibits civil immigration arrests at courthouses, probation offices, medical facilities, or schools (C.R.S § 13-1-403 and 13-1-402).
• If you are engaging in a protest or encounter, please do so safely. Do not obstruct or put yourself and others at risk. You can, and should, document and report any misconduct.
• If there is an incident in Boulder County involving ICE, there will be a full investigation and charges brought for any illegal activity. No one is above the law.
• The Boulder County District Attorney’s Office offers Know Your Rights trainings on the role of ICE, legal protections for immigrants, how to protest safely, and the authority of local law enforcement and prosecutors. To inquire about these presentations, please email [email protected].

Michael Dougherty, District Attorney

• Boulder Office: Justice Center 1777 6th Street|Boulder, Colorado 80302|303.441.3700
• Longmont Office: 1035 Kimbark|Longmont, Colorado 80501|303.441.3700
• https://bouldercounty.gov/district-attorney/|TDD/V: 303.441.4774