Federal Judge Rules Denver Sheriff Department Must Comply With ICE Subpoenas

DENVER (CBS4) - A federal judge ruled Monday that the Denver Sheriff Department must comply with administrative subpoenas from U.S. Immigration and Customs Enforcement. In February, ICE filed a petition in U.S. District Court asking a judge to enforce three subpoenas requesting information about immigrants arrested in Denver.

The Denver Sheriff Department received the administrative subpoenas in January requesting information about four inmates, including where they live and work. The four men had been arrested on charges including vehicular homicide, domestic violence and sexual assault.

The subpoenas were not signed by a judge. Per a city ordinance, Denver does not comply with subpoenas unless they are court-ordered or primarily related to a criminal investigation.

In his ruling Monday, U.S. Magistrate Judge Michael Hegarty stated ICE has the authority to issue the subpoenas and the sheriff department must provide the requested information.

"We are pleased with the outcome and look forward to Denver providing the information," the U.S. Attorney's Office said in a statement to CBS4.

The Denver City Attorney's Office argued ICE's request was an improper expenditure of public safety resources and lacked good faith. In an email to the U.S. Attorney's Office, Chad Sublet with the Denver Attorney's Office said the information requested was already available to ICE through federal databases.

"The fact that ICE has access to this data and in fact already has the data itself, undermines any assertion these subpoenas were issued in good faith and demonstrates that the information is not relevant to any legitimate inquiry as it is unnecessary and duplicative," Sublet said in the email.

In his ruling, Judge Hegarty stated, "To the extent these arguments raise political questions, they are beyond the constitutional reach of this Court."

The City Attorney's Office also argued that the subpoenas violate the 10th Amendment to the U.S. Constitution. Hegarty ruled that the subpoenas did not rise to the level of "commandeering" state or local governments into the service of a federal agency.

"This review concerns a discrete request for information, not a law that foists a mandatory, ongoing disclosure program onto the Sheriff's Department whenever it comes into contact with a particular class of persons" Judge Hegarty stated. "If such subpoenas become a regular occurrence, then some day a federal court may have a more difficult decision, but this is not that day. As the Sheriff notes, this is a unique process in the history of ICE."

It is still unclear if Denver will appeal the ruling. In a statement to CBS4, City Attorney Spokesperson Ryan Luby said, "We just learned of the decision Monday. We are still evaluating next steps."

ICE Officials first contacted the Denver Sheriff Department last year to request jail release notifications for the four inmates.