Over the last several years, there have been rumors and false information about ICE Checkpoints being set up in Colorado. Most of this misinformation is spread through social media, so as an immigrant, with or without status, it is important to be aware of whether there are immigration checkpoints in Colorado.
ICE and CBP in Colorado
There is no legal authority for ICE to set up immigration checkpoints in Colorado; however, Customs and Border Protection (CBP) does have the authority to set up immigration checkpoints inside the U.S., but only within a 100-mile radius of the border. This radius does not touch Colorado, so there is no legal authority for CBP or ICE to set up an immigration checkpoint within the state.
What If You See ICE, CBP, or DHS in Colorado?
Many of the rumors about Colorado’s immigration checkpoints are likely to come from people seeing the Department of Homeland Security (DHS) on roadways doing targeted enforcement. This means that the DHS officers are on the lookout for a specific group or individual that they are targeting for an arrest. DHS also works with other federal agencies for law enforcement tasks that are not related to immigration. So you may see an officer with “DHS” displayed on their uniform while attending to matters that do not involve immigration.
What To Do If Approached by ICE, CBP, or DHS
Even though CBP cannot set up immigration checkpoints in Colorado, you should know your rights and what to do if you are approached by a CBP or ICE officer in Colorado. Things to remember include:
- You have the right to remain silent, though this may result in more prolonged questioning or a secondary inspection.
- An officer needs a signed warrant from a judge or probable cause to search you or your belongings.
- An officer requires a warrant signed by a judge or reasonable suspicion that a crime has occurred to arrest you.
- It is illegal for a law enforcement officer to stop you or search you based on your race or ethnicity.
- You MUST not claim to be a U.S. citizen if you are not one or attempt to provide false immigration documents.
- If you have valid immigration documents and are not a U.S. citizen, you must carry them with you.
- If you are approached on the street by an officer, and you are not under arrest or subject to probable cause, you are not required to present identification documents or answer any questions.
- If an immigration officer comes to your door, you do not have to speak to them or let them inside unless they have a warrant signed by a judge.
Get Advice from an Immigration Attorney in Colorado
Novo Legal is located in Denver, Colorado but represents individuals and families nationwide. We have a deep understanding of immigration laws and are ready to assist you or a loved one with deportation defense, family immigration, corporate immigration, and more. Our office is multi-lingual and can assist you in understanding your rights and options for immigration defense. For more information about what our firm can do for you, please contact Novo Legal to schedule an appointment.