On a day when the El Paso County Sheriff’s Office announced the transfer of 16 people to Immigration and Customs Enforcement, its sheriff, Joe Roybal, said May 27 he intends to enter an agreement that will give his deputies specified powers of an ICE agent.

The 287(g) program authorizes ICE to delegate to state and local law enforcement officers the authority to perform certain immigration officer functions under the agency’s direction and supervision, according to the Immigration and Nationality Act. 

The program has three models that local law enforcement agencies can enter into, each that gives the agency distinct powers. A spokesperson for the Sheriff’s Office said they are not ready to comment on which model Roybal would enter into.

Of the 16 arrested individuals transferred to ICE going back to Feb. 14, three face drug-related charges and six face charges related to alleged crimes involving violence. Arresting agencies included the Monument Police Department, Fremont County Sheriff’s Office, Colorado Springs Police Department and the El Paso County Sheriff’s Office.

Five detained individuals with criminal charges were released from the El Paso County jail before ICE authorities could take custody, Sheriff’s Office officials said.

The Teller County Sheriff’s Office in recent months entered a 287(g) agreement under the Jail Enforcement Model, which is designed to identify and process illegal immigrants who have been arrested by state or local law enforcement agencies.

Under the order, a designated immigration officer would be able to interrogate any person believed to be an illegal alien, administer oaths, take and consider evidence, prepare charging documents and issue immigration detainers up to 48 hours , according to officials.

Colorado law prohibits a designated immigration officer from serving and executing warrants of arrest for immigration violations, detaining and transporting arrested illegal immigrants to ICE-approved detention facilities and serving warrants of removal. 

In recent weeks, Gov. Jared Polis has signaled his intent to sign Senate Bill 276, which reemphasized existing state law that precludes local law enforcers from detaining an individual based on an “immigration detainer.”

According to the current El Paso County Sheriff’s Office policy , if an ICE detainer is received at the request of the agency, it will be included in the inmate filing at the county jail. If they are released or bonded out, local ICE officials will be “promptly” notified.

The policy also states the release procedure will not exceed six hours, per legal guidelines. Assuming ICE does not arrive, the agency said the inmate would be released.

Roybal said the continued partnership and 287(g) agreement with ICE is important because they are a tool that makes the community safer.

“The people that we are deporting are known criminals. They have a known criminal history. They’re not families. They’re not people who have come to the United States for a better life. They’re a known criminal element,” he said.

While the El Paso County Sheriff’s Office does not currently have a 287(g) agreement with ICE, they did at one point. In 2015, the agency announced it would no longer participate in the 287(g) program.

“Although beneficial at the time, we have found the program duplicates efforts of Immigration and Customs Enforcement (ICE). The resources used to operate this Program will now be allocated to local issues related to the operation of Intake and Release at the Criminal Justice Center,” the 2015 news release stated.

Roybal said the future of the 287(g) agreement is still uncertain because of recent Colorado legislation. 

” This is going to hinder public safety and really tie the hands of law enforcement as far as immigration is concerned,” he said.  

El Paso County Sheriff’s Office transfers to ICE

Jose Gutierrez-Duran, 38

Arrest date: Feb. 13, Colorado Springs Police Department

Criminal charges: Assault in the second degree

Transferred to ICE custody: Feb. 14

Paul Cesar Ramirez, 39

Arrest date: Feb. 26, Fremont County Sheriff’s Office

Criminal charges: Driving under the influence, criminal mischief, theft

Transferred to ICE custody: March 1

Homero Alejandro Silva-Alvarado, 31

Arrest date: Oct. 22, 2024, bond revocation

Criminal charges: First-degree burglary

Transferred to ICE custody: March 10

Oliver Gutierrez-Rodriguez, 34

Arrest date: March 8, Monument Police Department

Criminal charges: Unlawful distribution, manufacturing, dispensing, or sale, Unlawful possession of a controlled substance, Criminal possession of a forged instrument, Compulsory insurance, First degree criminal trespass, Criminal mischief

Transferred to ICE custody: March 11

Orlando Juan Marquez Ortega, 37

Arrest date: March 14, Colorado Springs Police Department

Criminal charges: Harassment, Driving under the influence

Transferred to ICE custody: March 21

Gerardo Palacios-Vera, 49

Arrest date: Jan. 15, Colorado Springs Police Department

Criminal charges: Harassment, Violation of registration provisions, Driving under restraint

Transferred to ICE custody: March 27

Ronni Alejandro Santos-Sanchez, 24

Arrest date: March 31, Colorado Springs Police Department

Criminal charges: Criminal mischief, Driving under restraint, Driving under the influence

Transferred to ICE custody: April 1

Selvin Adalid Lara-Miranda, 28

Arrest date: Feb. 13, Colorado Springs Police Department

Criminal charges: First degree burglary, First degree criminal trespass

Transferred to ICE custody: April 1

Victor Hugo Munoz-Jimenez, 37

Arrest date: March 20, El Paso County Sheriff’s Office

Criminal charges: Driving under the influence

Transferred to ICE custody: April 4

Octavio Perez-Hernandez, 41

Arrest date: Feb. 12, El Paso County Sheriff’s Office

Criminal charges: Assault in the first degree, Assault in the second degree, Harassment, Violent crime causing death or serious bodily injury

Transferred to ICE: April 7

Cecilia Elizabeth Gutierrez-Samaria, 32

Arrest date: Aug. 28, 2024, Colorado Springs Police Department

Criminal charges: Child abuse

Transferred to ICE custody: April 9

Yoel Jesus Gomez-Rios, 29

Arrest date: Feb. 27, Colorado Springs Police Department

Criminal charges: Assault in the second degree, Complicity

Transferred to ICE custody: April 16

Aurelio Hernandez-Reyna, 51

Arrest date: Feb. 27, Colorado Springs Police Department

Criminal charges: Fourth degree arson, Camping by public stream, Littering, Trespassing

Transferred to ICE custody: April 19

Joan Paez-Mendez, 40

Arrest date: April 4, El Paso County Sheriff’s Office

Criminal charges: Unlawful possession of a controlled substance, Resisting arrest, Theft, Drug paraphernalia

Transferred to ICE custody: May 1

Javier Marin-Vicente, 50

Arrest date: March 7, Colorado Springs Police Department

Criminal charges: Unlawful distribution, manufacturing, dispensing, or sale, Unlawful possession of a controlled substance

Transferred to ICE custody: May 19

Jose Vega-Arreola, 42

Arrest date: Dec. 10, 2024, El Paso County Sheriff’s Office

Criminal charges: Accidents involving death or personal injuries, Violation of protection order, Careless driving, Driving under restraint, Failure to yield, Assault in the third degree, Violation of protection order, and Child restraint systems required

Transferred to ICE custody: May 21