SPEAKER_00 0:00

B E H C the Frequency.

SPEAKER_01 0:08

Hey, good morning. It's May 29th. Thank you for listening to the Boulder Valley Frequency. This is a bonus episode. We're doing these on Fridays, giving you more of our recordings that we worked so hard to get. This is an interview we did in February with Michael Doherty, the DA from Boulder County, talking about ICE in Boulder County and your rights that you need to know. Have a great weekend.

SPEAKER_02 0:31

When I became district attorney in 2018, we began doing Know Your Rights presentations all throughout Boulder County. We've continued that over the last eight years. That's more important now than ever as we live through this critical and scary time in our country that people know what rights and protections exist under the law. And in Colorado, there are actually significant protections that exist for immigrants and for community members, some of which were just enacted in the last year. So I'm really proud to live and work in a state where we've put these protections in place. But the only way these really work is if people are aware of them. And then if we ensure that law enforcement, including ICE, are being held accountable when they violate them. So we've been doing know-your rights trainings at a really high frequency since January of 2025 in Boulder County and throughout the state of Colorado.

SPEAKER_00 1:18

I'd love to follow up on what exactly those rights are. First of all, what are those rights and what should you do in that situation?

SPEAKER_02 1:40

So what are those rights? As of last year, through Senate Bill 276, but also other laws that we have in place here in Colorado, there are a number of things I really want people to be aware of. First, local and state law enforcement and local and state agencies are prohibited from sharing any information with ICE absent a court order. So the jail, the police department, but also the public library, community college. Any publicly funded agency or organization cannot share information with ICE absent a court order. The idea and logic behind that being federal law enforcement has their job to do and their authority. That does not require state and local law enforcement to participate in that activity. State and local law enforcement, including my office, is dedicated to public safety for all Coloradans, not enforcing federal law. So that's the policy we've had in place in Boulder County since 2018. And as of last year, that is now the law for the entire state of Colorado. And I strongly supported that legislation, and I'm going to continue to be an outspoken advocate for it. Other protections that are in place as a result of recent legislation here in Colorado. In 2012, an executive order was issued prohibiting ICE, executive order by the president, prohibiting ICE from going into hospitals, health care facilities, child care centers, or schools to make immigration-related arrests. President Trump revoked that executive order when he took office for the start of his second term. And Colorado responded. And we put in protections under state law that prohibits ICE from going in hospitals, childcare facilities, schools, urgent care centers, and also courthouses. All those areas are now protected spaces under the law. ICE is prohibited from going in those spaces or from making an arrest immediately surrounding one of those places. And that state law can be enforced in a number of ways. To your question, Shay, what happens if it's violated? So, for example, here at the Justice Center, there are protections in place. Individuals can come to the Justice Center and they are able to enter the justice center so we could prosecute criminal cases and ensure justice is done without fear of them being deported. If ICE were to violate that, there are three sanctions that are available under state law. One is a contempt of court order that could be and would be pursued by the district attorney and by the chief judge. Number two would be the individual themselves could bring a civil action for false imprisonment. And the third would be the attorney general could bring a civil suit either on behalf of that person or on behalf of the state. An analogy to that would be there was a Mesa County Sheriff's Deputy who pulled over a young woman coming from Utah into Colorado. He talked to her during a traffic stop and then released her. But the entire time he was doing that, he was conspiring with ICE. So that ICE picked her up a few miles down the road and she was taken into custody on an immigration violation. That's a violation of state law. He was sued by the Attorney General's office. He's no longer a member of law enforcement with the Mesa County Sheriff's Office as a result of that civil suit. And I also think that civil suit sent a message loud and clear to law enforcement throughout the state that they're not permitted to share information with ICE, absent any court order. So that's a quick summary of some of the recent laws that we have in place in Colorado that we I always want to make sure people are aware of. And that's why we do the know your rights presentations.

SPEAKER_00 5:05

What should people do as ordinary citizens before we get to the like suing in court part? ICE is there, they're not respecting the law. What do you do?

SPEAKER_02 5:14

So I would strongly encourage if people want to document what ICE is doing, that they go into the situation thinking about what their goal is. If their goal is to document, I encourage them to bring their phone and video what ICE is doing and then report any violations. And by reporting any violations, people can call 911 and in Boulder County law enforcement will respond. And they will respond. And if they observe anyone, including federal agents, violating criminal laws, they will intervene. And that is a commitment by Boulder County Law Enforcement. In fact, just the other night I did a know your rights training up in Longmont. We had over 200 people there. And Longmont police presented with me and explained to the community that that's their commitment. Their job is to enforce criminal laws. And I strongly believe, and I've always acted with this in mind, that no one is above the law. And doing justice means doing it without fear or favor. And that's why I've prosecuted police officers and politicians, and we will hold ICE fully accountable, and there'll be consequences for any criminal activity. So people should call 911. Also, at the very least, that allows law enforcement to be present to keep the peace. I certainly, we certainly don't want anybody getting hurt or killed in Boulder County or in Colorado. We've seen the tragic killings in Minneapolis. So the police will be there to keep the peace. Local and state police will be wearing body worn cameras that'll be activated. And those recordings could be helpful evidence if there are any allegations of misconduct or criminal conduct later on.

SPEAKER_00 6:42

Community members are a lot of community members are relying heavily on the Colorado Rapid Response Network, which operates a hotline. So anyone can call and report ICE activity. For folks who might not feel comfortable calling law enforcement, are there trusted partners that people can turn to for help? What community groups is the DA's office working with?

SPEAKER_02 7:01

We work very closely with a number of community groups and also immigration advocates and immigration attorneys. So El Comite de Longmont is a great community partner. They're actually the organization that hosted the Know Your Rights training that I just referenced that Longmont Police Department and I participated in. The director of El Comite spoke at the church the other night, and I would encourage your listeners to think about what she shared there, which was she is a person of color. And one of the things that is freaking her out, as she said, are the number of false calls that ICE is in the community. So I really hope that people are being careful and cautious and confirming that it's actually ICE and not members of local or state law enforcement before they sound the alarm over social media or through their networks. A good way of doing that is the Colorado Rapid Response Network. The acronym for that is CON, C-O-R-R-N, and people can look that information up. And they can become members of the Rapid Response Network. The benefit of that is CON also has trainings for individuals. So they're confirming that it's actually ICE before sounding the alarm and have people responding who are going to protest and document whatever's happening on scene.

SPEAKER_00 8:11

Thank you for mentioning the false reports of ICE in the area. What do we know confirmed about ICE activity in this jurisdiction?

SPEAKER_02 8:20

So it's actually been less than in other jurisdictions. ICE has been present in Boulder County, and they've, from what I understand, detained a number of people who they have ICE claims to have had probable cause of an immigration violation. They also have to demonstrate to the court that they have probable cause that the person's also a flight risk. And that's the focus of a federal lawsuit that's being litigated in Denver right now, actually. ICE has certainly been in Boulder County. And a couple things about that. First, ICE does not notify local law enforcement before they come to Boulder County. ICE does not notify the district attorney's office. So we're often learning about it when community members are learning about it or after the fact. So we don't have any information in advance from ICE about when they're coming to Boulder County.

SPEAKER_00 9:07

Thank you for clarifying on that. Do we expect ICE's presence in the community to change or increase with the pending opening of the Hudson detention facility?

SPEAKER_02 9:17

So I'm very concerned about ICE's presence increasing. I don't tie it to the facility, although I want to stress private prisons should be banned in the United States of America. We should not have a single private prison in Colorado or anywhere on anywhere in this country. I worry about Colorado because when I look at what happened in Minneapolis and Minnesota, to me, that was retaliation by the Trump administration. I say that because Minneapolis doesn't have a higher percentage of undocumented immigrants. Minneapolis does not have a higher percentage of undocumented immigrants with criminal records. So there's no objective reason for ICE to have flooded that area with 3,000 federal agents and for us to have seen what everybody's witnessed and the tragic killings that we saw in Minneapolis over the past two months. So when I think about retaliation, I recall that President Trump threatened harsh measures, and that was his quote, harsh measures against the state of Colorado if Tina Peters is not released immediately. Tina Peters is the county clerk out of Mesa County who was tried and convicted of state offenses in her role as a county clerk. The district attorney for Mesa County and the attorney general teamed up to prosecute that case. There's no allegations of misconduct. It's simply that she's a political crony of Donald Trump and he's now demanded her release. He even issued a pardon for her that has no power whatsoever. The president cannot issue a pardon in a state case. But the point of this being he's threatened harsh measures against Colorado. He recently vetoed a bill that had strong bipartisan support in Congress, which how often do I get to say those words, strong bipartisan support in Congress, that would have brought clean water to southeastern Colorado in rural communities that desperately need it. He vetoed that bill, and Representative Boebert spoke out against President Trump. And Representative Boebert talked about how he's putting politics above the people and retaliating against Colorado for Tina Peters, but also, my opinion is Representative Boebert's demand for the Epstein files be released. He's definitely focused on Colorado. So even more than the possibility of a private prison being opened, uh, I worry about Colorado just being on the short list of states that has championed laws and policies that frustrate or anger the president.

SPEAKER_00 11:35

What can ordinary residents do to support their neighbors, stay informed, and avoid spreading misinformation? How can we participate or help in this situation?

SPEAKER_02 11:46

That is a great question. And there are a couple of things that come to mind. First is supporting local nonprofits, so El Comité des Longmont, but also other statewide organizations like REMAIN, and the acronym for REMAIN is R-M-I-A-N, it's the Rocky Mountain Immigrant Action Network. Those nonprofits are overwhelmed with requests right now. So if people are able to support those nonprofits either through contributions andor volunteering, that is a great help. Also arranging to attend or requesting a know your rights presentation from my office or another organization, I will do any know your rights presentation. We do them in English and Spanish. All the materials that we have around know your rights and immigrant protection are available on the district attorney website. We also put them out on social media on a regular basis. And you mentioned at the start of the pod, the recent reissuance, excuse me, of the immigrant protections we have. That's a flyer. It's available in English and Spanish on our website and social media. So people should know what their rights are. Give you one great example, Shay. Business owners or restaurant owners, if they have employees that they're concerned about in terms of their immigration status, if they put up a sign between a public area and a private area of their business, that sign actually has legal significance when it comes to ice. They need a search warrant to cross the threshold or an arrest warrant to cross the threshold from the public area to the private area. So for example, I'm in a diner in South Boulder recently. And between the seating area and the kitchen, it says private employees only. That sign is perfect. That sign requires ICE to have a warrant to go into the kitchen. So there are things people can do. You could do that in office buildings, you could do it in a newspaper, for example, the front lobby could be open to the public, and then a private sign beyond that. There's legal power to that. Also making sure immigrants in the community do two things. First, those that are undocumented should fill out a family prep kit so that there's a plan in place, written documentation about what they want to have happen if they're picked up by ice. Might be something akin to what you have for a fire or a flood. The scary thing about the family prep kits for immigrants, it also includes sections on what should happen with their kids, their car, their home. But that's the reality and the scary times we're living in right now. So those family prep kits go a long way. Also, for people of color who have valid concerns that ICE is going to pick them up, even when they're in the country and have legal status, carrying a copy of their paperwork on them. So for example, if it's the passport, carrying a copy of their passport on them. So they have it on them if they're concerned about ICE approaching them, questioning them, and perhaps picking them up. The other things that people can do is showing up and protesting. I will say, I understand why people feel powerless and overwhelmed right now, but what fills me with hope is how much energy there is out there right now. Those 200 plus people in the church the other night, that fills me with hope. People are coming together at a time where this country desperately needs it. So showing up and protesting still makes a difference. So for example, in the big terrible tax bill last summer, the Trump administration was going to sell off our public lands for a profit. The only reason that got stripped out of the bill was because people all across Colorado and all across the nation, Democrats, Republicans, unaffiliated, all spoke out against it. And it got stripped out of the bill. So people should continue to reach out to their representatives and elected officials. That really does make a difference. And I encourage people to do that at the local, state, and federal level. Also demanding that our state legislature continue to build more protections in place. For example, I should not be permitted to wear masks in the state of Colorado. I've worked, as you know, Shay, major and horrific cases, the King Supers mass shooting, the Pearl Street firebombing, really serious cases. And law enforcement has never worn masks in any of those cases. They shouldn't be allowed to wear masks at the federal level either. So supporting legislation of that nature, uh taking steps to make sure rights are protected, and then people are being held responsible for violating those rights. And I promise you, I will stand shoulder to shoulder with the immigrant community and those that stand up to protect our immigrant community because it's the absolute right thing to do.

SPEAKER_00 16:01

Well, thank you so much. Thank you for your time and for coming on the podcast. I really appreciate it.

SPEAKER_02 16:06

Shay, thanks for having me on, and thanks for getting this information out to the community. It's really helpful and I appreciate you. So thank you.