Discussion Points for Punto Legal- May 9, 2018

1. ICE and Immigration Enforcement

Imagine this scenario: Two girls are trying to get home from a late-night party. The owner of the car is letting her friend drive because she thinks the friend is less drunk than she is. They get stopped for a DUI on I-70 in Eagle County. The driver-friend gets arrested for a DUI. The car owner appears to be too drunk to drive her car home, so the cops take her to a gas station so she can call her family. The cops then impound the car. During the inventory of the car, the cops discover 10 ounces or 283 grams of cocaine—wrapped in plastic—in the trunk of the car. This—by this way—is a Drug Felony 1. If convicted, there is mandatory minimum sentence of 8 to 32 years in prison.

Both girls are arrested and jailed. A bail bond is set at $50,000.00 for each. ICE submits an ICE hold. One of the deputies at the jail tells them they are going to get turned over to ICE if they post a State bond.

First, they are not going to get turned over to ICE on the ICE hold. Jails are run by county sheriffs. And—like most sheriffs in Colorado, the Eagle County sheriff does not honor ICE holds. Also he will not call ICE to tell them when you are being released on bond.

Second, ICE will learn about the arrest and charges. If ICE chooses to do so, they can try to pick you up at court, or they can look for you at or near your home.

Third, suppose ICE arrests the young women near their homes one week after they posted the State bond. The girls would go to the big ICE jail in Aurora. There, they would get to see an immigration judge who could give them an immigration bond. Notice they will have to put up two bonds: one for the State criminal charges and one for immigration.

Suppose the immigration judge gives the girls $15,000 immigration bonds. The family decides to post the immigration bonds. Where do they pay the bonds to ICE? Starting on May 18, you pay immigration bonds at the ICE detention facility in Aurora. In the past, you went to the big ICE office in Centennial to post immigration bonds.

2. DACA.

Fifteen House Republicans have signed on to a discharge petition filed today that is intended to force votes on a series of immigration measures — including legislation to protect so-called Dreamers.

The discharge petition would lead to a floor vote, if 218 House members sign on to it. Democrats have been pressing for an immigration vote in the House and would be expected to back the petition. If all House Democrats sign it, it would need only 10 more Republican signatories to force a vote.

The discharge petition would specifically force a vote on a series of competing immigration proposals. Whichever measure won the most votes would be the legislation approved by the House.

But each immigration proposal would have a legislative replacement for DACA.