A 2019 Colorado law bars law enforcement officials in the state from holding a person based only on a request from ICE.
U.S. Immigration and Customs Enforcement has again criticized a Colorado law after an inmate who was wanted by ICE was released on bail in late October, only to be arrested weeks later on attempted murder charges.
It's a practice that ICE says aids federal immigration enforcement and benefits public safety, but detainers are controversial and have been challenged as unconstitutional. That inmate was soon allegedly involved in a violent crime, which ICE believes could have been prevented had Colorado law allowed local law enforcement to honor immigration detainers.
A statement from ICE spokeswoman Alethea Smock says a"notification that an alien is about to be released to the lobby is not a functional way to ensure transfer of custody."Weeks after his release, Garces-Ortiz was arrested by the Aurora Police Department for offenses that occurred Nov. 17, according to documents provided by police. Those alleged offenses included attempted murder, assault and violation of a bail bond.
The affidavit says at one point during the alleged assault Garces-Ortiz took a gun away from the other suspect, who was pointing it at the victim's head. Garces-Ortiz then fired the gun near the victim's feet before both suspects left, police say.
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