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Garfield County – Domestic Violence Immigration to ICE: C.R.S. 18-6-801

| Jun 2, 2012 | Immigration |

Denver Immigration Domestic Violence Attorney

The Sheriff’s Office in Garfield County Colorado (which along with Pitkin and Rio Blanco County makes up the 9th Judicial District) has been reprimanded by the American Civil Liberties Union (ACLU) for turning people involved in Domestic Violence (C.R.S. 18-6-801) allegations over to federal immigration authorities. The Colorado legislature passed Senate Bill-90 in 2006, which mandates state law enforcement cooperation with Immigration and Customs Enforcement officials. However, the bill specifically made an exception for those involved in domestic violence (“DV”) related charges like Assault in the Third Degree, C.R.S. 18-3-204, and does not allow them to be turned over to ICE until after they have actually been convicted.

Domestic Violence Allegations Lead to Immigration Issues in Garfield County

The ACLU believes that the Garfield County Sheriff’s practice will have a chilling effect on undocumented persons reporting DV in Colorado. Acts of DV are deportable offenses under federal law, so the fear of deportation for many undocumented persons is certainly valid. The Garfield County Sheriff responded to the ACLU, saying that it will continue its current practices based on alleged domestic violence.

Changing Policies in Jefferson County

Other Colorado counties such as Jefferson, Hinsdale, Summit, and Mesa County were also contacted by the ACLU about changing their policies a while back. All four counties have changed their policies, and are no longer reporting people involved in domestic violence allegations to ICE until after conviction. It is also important to remember that because the term “conviction” is defined more broadly under federal law, a deferred judgment or a conviction that includes probation or a suspended sentence may provide no benefit to a person facing deportation.

If you have been charged with a domestic violence related crime such as assault, harassment, or criminal mischief and are worried about the immigration consequences in Douglas, Denver, Jefferson, or Adams County Colorado, the attorneys at the O’Malley Law Office can help you. The relationship between criminal charges brought by the state government and the deportation proceedings by the federal government is extremely scary and complex. You need an experienced criminal defense attorney to help you understand the possible outcomes which criminal charges can have on your immigration status. So, be smart, exercise your right to remain silent and call us today at 303-731-0719. Together, we can protect your future.