On February 20, 2017, Department of Homeland Security (DHS) Secretary John Kelly issued two memoranda, “Enforcement of the Immigration Laws to Serve the National Interest,” and “Implementing the President’s Border Security and Immigration Enforcement Improvement Policies.” These two “Kelly Memos” direct DHS employees, including employees of the U.S. Citizenship and Immigration Service (USCIS), Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) on the implementation of President Trump’s...

  On January 30, 2017, the State of Washington filed suit in Federal District Court for the Western District of Washington, (State of Washington v. Trump) challenging the legality and constitutionality of President Trump’s Executive Order, “Protecting the Nation from Foreign Terrorist Entry into the United States.” The Executive Order bars the entry of refugees from any country in the world for a period of 120 days, bars Syrian refugees from...

  On Wednesday, February 1, 2017, Senior Associate Attorney Abbie Weibel joined other Colorado volunteer attorneys in the Due Process in Action (DPIA) Pro Bono Legal Project at Denver International Airport (DIA). Since Saturday, January 28, 2017, DPIA volunteer attorneys have been available to assist arriving immigrants and family members at DIA impacted by President Trump’s Executive Order, “Protecting the Nation from Foreign Terrorist Entry into the United States.” The primary...

On January 25, 2017, President Donald Trump signed two Executive Orders, entitled “Enhancing Public Safety in the Interior of the United States,” and “Border Security and Immigration Enforcement Improvements.” The Executive Orders identify individuals who have entered the United States without inspection or admission as a significant threat to national security and public safety. The Executive Orders contain directives to the Secretary of the Department of Homeland Security (DHS) to prioritize...

US Immigration and Customs Enforcement (ICE) published new guidance in June on the care of transgender adults in immigration detention, in a Memorandum titled "Further Guidance Regarding the Care of Transgender Detainees." The Memorandum provides guidelines in several areas of detainee care, including intake procedures, determining housing placement, medical care, conducting searches, and access to clothing and commissary hygiene products. Notably, the guidance provides that transgender individuals may be assigned housing...

Starting August 1, 2014, pursuant to the Colorado Road and Community Safety Act (CRCSA) (SB13-251), Colorado residents who are in the United States without lawful immigration status will be eligible to receive a Colorado Driver’s License, Instruction Permit or State Identification Card.   In order to receive a Colorado Driver’s License, Instruction Permit or Identification Card under CRCSA, all Applicants must:1) Present a valid passport, consular identification card, or military identification...

As a result of recent Court decisions in the Third Circuit Court of Appeals and Oregon Federal District Court, many Colorado sheriffs’ departments have announced that they will no longer honor Immigration Detainer requests issued by  Immigration and Customs Enforcement (ICE). For the past several years, individuals in criminal custody who were suspected by ICE of being present in the United States in violation of U.S. immigration law could be subject...

Earlier this month, while attempting to access the Denver Immigration Court located in the Byron G. Rogers Federal Building, Managing Partner David Kolko was denied entry to the public lobby of the federal building and the Denver Immigration Court when he declined to show photo identification to federal agents guarding the building. Mr. Kolko fully agreed to proceed with regular and necessary security screening, including the use of a metal detector...