ICE operations in Colorado raise legal questions
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A U.S. Immigration and Customs Enforcement agent stands ready during an immigration raid near Denver in February. Photo: RJ Sangosti/The Denver Post via Getty Images
Images of masked, heavily armed immigration agents pulling people off Colorado streets and out of courthouses in unmarked cars have left many shocked and wondering: Is all of this legal?
It is — at least for now.
Why it matters: Since its post-9/11 creation, Immigration and Customs Enforcement (ICE) has operated with broader powers and fewer restrictions than local police — rules designed to help the FBI identify and detain terror suspects.
- But under the Trump administration, those tools have been redirected to target unauthorized immigrants, potentially millions of them, and critics say ICE has become the closest thing the U.S. has to a secret police force.
Zoom in: ICE agents aren't required to wear body cameras, can hide their identities, use unmarked cars and detain people without judicial warrants — as long as they suspect someone is in the U.S. illegally.
- They're not supposed to detain U.S. citizens, but some have been caught in the dragnet due to ICE errors.
What ICE can't do: Agents can't enter a private home unless they have a judicial warrant.
- ICE also can't force a local law enforcement agency to join an operation, though police are obligated to keep order if protesters surround one.
By the numbers: ICE has made an average of roughly nine arrests a day in Colorado this year — a nearly 300% increase compared to the same period in 2024, the Denver Post reports.
The latest: ICE's powers continue to expand in Colorado.
- ICE agents are telling at least two Denver-area counties they won't allow detained immigrants to attend local court hearings in person, per CPR.
- Adams County Sheriff Gene Claps told CPR the new policy is hurting victims' right to due process, while ICE Denver Field Office director Robert Guadian said the decision stems from a lack of confidence that local sheriffs will return detainees, making it too risky to release them for court appearances.
What we're watching: ICE's footprint in Colorado could soon grow.
- Private prison giant CoreCivic is eyeing dormant facilities in Burlington and Walsenburg to expand detention operations, CPR reports.
- An estimated $170 billion of the "big, beautiful bill" President Trump signed Friday has been designated for immigration enforcement, including more than $45 billion for ICE detention space.
- Currently, the state has only one ICE detention facility — the Aurora ICE Processing Center.
Go deeper: Axios Explains: Inside ICE's superpowers