ICE Enforcement & Sanctuary Rights

Understanding ICE Enforcement in 2026

The United States is experiencing an unprecedented surge in immigration enforcement activity. Under the current administration, ICE has expanded dramatically, with 120% increase in workforce capacity and over 12,000 new officers deployed across the country. As of early 2026, approximately 69,000 people are detained in immigration custody — the highest number in U.S. history.

Meanwhile, the Biden-era "sensitive locations" policy — which had protected ICE enforcement near schools, churches, hospitals, and other community gathering spaces — was rescinded in January 2025, leaving immigrants and their families with fewer safe spaces.

Workplace Raids and Community Enforcement

Workplace raids have intensified dramatically. In December 2024, ICE conducted a massive raid at a Hyundai plant in Alabama, resulting in 475 arrests. Denver and Colorado communities have experienced their own enforcement surge, with raids targeting businesses, residential areas, and public spaces.

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Your Rights During an ICE Encounter

Even in this enforcement climate, you have rights protected by the U.S. Constitution. Knowing these rights and exercising them can be the difference between freedom and detention.

Core Rights You Must Know

• Right to remain silent: You do not have to answer questions about where you were born, how you entered the U.S., or your immigration status. Say clearly: "I am exercising my right to remain silent."
• Right to refuse entry: ICE agents cannot enter your home without a JUDICIAL warrant signed by a judge. An administrative warrant (Form I-200) is NOT sufficient. Do not open your door. Ask the agent to slide the warrant under the door. If it is not signed by a judge, refuse entry.
• Right to an attorney: You have the right to speak to a lawyer before answering any questions. Ask for a lawyer immediately and repeat: "I want to speak to an attorney."
• Right not to sign documents: Do not sign any documents you do not fully understand. Do not sign anything that you cannot read in your native language. Signing a document can be used against you in removal proceedings.
• Right to know why you are being detained: ICE must tell you why you are being arrested or detained. Ask: "Why am I being detained?" Get the answer in writing if possible.

If ICE Comes to Your Home

• Do not open the door. Ask agents to identify themselves and state the purpose of their visit.
• Do not run. Fleeing can be used against you in court.
• Say clearly: "I do not consent to a search of my home. I want to speak to a lawyer."
• If agents have a warrant, ask to see it. If it is not signed by a judge, tell them to leave.
• Do not volunteer information about other family members or roommates.
• Call your lawyer or Novo Legal immediately: 303-335-0250.

If ICE Comes to Your Workplace

• Do not panic. Do not run.
• Do not sign any documents without a lawyer present.
• Clearly state: "I am exercising my right to remain silent. I want to speak to an attorney."
• If arrested, ask to make a phone call to contact Novo Legal.
• Your employer cannot fire you solely based on being arrested by ICE, but consult a lawyer about your specific situation.

Emergency Family Planning

Prepare now for the worst case. Create a family action plan:

• Identify a trusted family member or friend who knows your wishes and can care for your children.
• Write down: your lawyer's number (save it multiple ways), your immigration case details, and important documents.
• Give a trusted person power of attorney to manage financial and legal matters if you are detained.
• Keep copies of important documents in a safe place and with a trusted person outside your home.

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Sanctuary City Protections in Colorado

Colorado and Denver have enacted sanctuary policies that limit local police cooperation with ICE. Understanding these protections — and their limits — is critical.

Denver Public Safety Enforcement Priorities Act

Denver's sanctuary ordinance restricts how Denver Police Department officers can cooperate with ICE. Denver PD cannot:

• Use city resources to enforce federal immigration law
• Detain someone solely based on an administrative immigration warrant
• Hold someone beyond their release date for ICE pickup
• Share certain personal information with ICE without a judicial warrant

Colorado State Protections

Colorado HB19-1124 (effective January 2020) and SB 25-276 (2025) provide additional statewide protections:

• Law enforcement cannot assist federal immigration authorities based solely on ICE requests
• State resources cannot be used for immigration enforcement
• Schools and courthouses are designated as sensitive locations where ICE cannot make arrests (with limited exceptions)
• Healthcare facilities and shelters have limited ICE access

What "Sanctuary" Does NOT Mean

Despite these protections, important limitations exist:

• Sanctuary policies cannot prevent ICE from operating independently in Colorado
• Federal authorities can still conduct arrests and raids
• If you are arrested by ICE, local sanctuary policies may not help you
• If you are in ICE custody, sanctuary jurisdictions have limited ability to release you

287(g) Agreements and Local Police Cooperation

Some jurisdictions have "287(g) agreements" that deputize local police to enforce federal immigration law. Colorado limits these agreements, but it is important to know if your county participates.

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Federal Court Victories in Colorado

Novo Legal Group's work has resulted in landmark court rulings that protect your rights in Colorado.

Judge R. Brooke Jackson's Historic November 2025 Ruling

In a 66-page decision, U.S. District Judge R. Brooke Jackson ruled that ICE must have both probable cause AND a flight risk assessment before conducting arrests. This ruling:

• Significantly raised the evidentiary standard for ICE arrests in Colorado
• Requires ICE to justify arrests with concrete evidence, not assumptions
• Was issued in a case involving unlawful warrantless arrests

Class Action Certification (2025–2026)

A class action has been certified for all individuals subjected to warrantless arrests by ICE since January 20, 2025. If you were arrested by ICE without a judicial warrant, you may be part of this class action and eligible for relief.

February 2026 Follow-Up Ruling

In February 2026, Judge Jackson issued a follow-up ruling finding that ICE has continued to violate the November 2025 decision, continuing to arrest people without proper probable cause and flight risk assessments. This ruling strengthens the legal protections established in November 2025.

Bond Hearing Rights Restored

In the Maldonado Bautista case (February 18, 2026), Novo Legal Group secured a ruling restoring bond hearing rights for people detained by ICE. This ruling ensures that if you are detained, you have the right to a bond hearing within a specific timeframe and that your bond must be set at a reasonable level.

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Notable Sanctuary & Enforcement Cases

Novo Legal Group's victories include landmark cases protecting people like you at the most vulnerable moments.

Jeanette Vizguerra

Jeanette Vizguerra became a symbol of sanctuary resistance in 2017 when she took refuge in a Denver church to avoid ICE detention. She was named to Time magazine's list of 100 Most Influential People. In 2025, despite her sanctuary status, she was detained by ICE. Novo Legal Group secured her bond and release from detention in December 2025.

Rene Lima-Marin

After years in GEO Detention, Rene Lima-Marin was freed in March 2018 with Novo Legal Group's advocacy and legal representation. His case illustrates the importance of aggressive legal action in detention and removal cases.

Warrantless Arrest Class Action

We are currently representing class members in litigation challenging ICE's pattern of warrantless arrests violating the Fourth Amendment. If you were arrested by ICE without a judicial warrant, contact us about joining this action.

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How Novo Legal Defends Against ICE Enforcement

Our comprehensive defense strategy protects your freedom and fights unlawful ICE practices.

Services We Provide

• Emergency response: When ICE makes an arrest, we move fast. Call us immediately for same-day legal consultation and detention support.
• Bond hearing representation: We fight for your release from detention and for reasonable bond amounts. Our attorneys regularly argue bond hearings and secure release for detained clients.
• Habeas corpus petitions: We challenge unlawful detention and unlawful arrests through federal court habeas corpus filings.
• Removal proceeding defense: If you are placed in deportation proceedings, we defend you before immigration judges and represent you in appeals.
• Emergency stays of removal: In cases where removal is imminent, we file emergency stays to stop deportation and buy time for legal relief.
• Appeals to BIA and federal circuits: We appeal unfavorable immigration judge decisions to the Board of Immigration Appeals and to federal courts.
• Constitutional challenges: We challenge ICE practices as unconstitutional — violations of the Fourth Amendment, Fifth Amendment due process, and other constitutional protections.
• Workplace raid rapid response: When ICE raids occur, we provide immediate legal support to arrested workers and their families.

Your Rights in Removal Proceedings

• Right to be represented by an attorney (at your own expense)
• Right to interpret services in your native language
• Right to see all evidence against you
• Right to cross-examine witnesses
• Right to appeal an unfavorable immigration judge decision

Know When to Call

Call Novo Legal immediately if:

• ICE has arrested you or a family member
• You received a Notice to Appear in immigration court
• You are in detention
• You witnessed an ICE raid
• You have concerns about your immigration status in this enforcement climate

Our ICE Enforcement Defense Team