Watch CBS News

ACLU of Colorado urges Denver Immigration Court to stop what it says is intimidation of members of the public

ACLU urges Denver Immigration Court to stop what it says is intimidation
ACLU urges Denver Immigration Court to stop what it says is intimidation 02:44

The ACLU of Colorado is raising concerns about transparency inside Denver's immigration courthouse. On Thursday, the organization sent a formal letter accusing court staff and federal agents of restricting public access -- and in some cases, detaining legal observers without cause.

federal-building.jpg
CBS

The ACLU says the ability for the public and media to monitor court proceedings is being blocked, raising concerns about basic civil liberties. Meanwhile, U.S. Immigration and Customs Enforcement maintains it is simply enforcing the rule of law.

"It is fundamental that members of the public, members of the press, need to see what is happening in our immigration courts," said Tim Macdonald, legal director for the ACLU of Colorado.

Legal observers and attorneys say they've recently been silenced, shut out, and in some cases, even handcuffed while attempting to observe proceedings.

"It's really been in the last three or four weeks that we've seen this amped-up effort to limit public access," Macdonald said.

He added that the lack of transparency contradicts the very principles of democracy.

"Democracy dies behind closed doors. Democracy dies in the darkness," he said. "We've heard rhetoric from this administration about the types of people they claim to be deporting -- but the facts are contrary."

Christina Brown, an immigration attorney with the Colorado Asylum Center, called recent developments "unprecedented."

"In the 12 years I've practiced law, that has never happened before," Brown said. "So that's something really new -- and really scary -- for a lot of people."

Attorneys and advocates say enforcement efforts have ramped up significantly in recent weeks. Observers once quietly allowed to sit in on hearings are now being told to leave.

"If you are not there with a client, and you say you're observing, they will make you leave," Brown added.

ICE responded to the ACLU's concerns by stating that the current administration is "implementing the rule of law," reversing previous policies that allowed undocumented individuals to be released without a notice to appear.

In a statement, the agency added: "Most aliens who illegally entered within the past two years are subject to expedited removals."

A spokesperson for the Executive Office for Immigration Review under the U.S. Department of Justice declined to comment for this story.

Advocates argue the current process isn't fair to those trying to adjust their legal status.

"Entering the country without inspection is not a crime -- it's a civil infraction," Brown said. "It's like being sued for an unpaid bill, the court ruling against you, and then police coming to arrest you. It's a huge escalation for people trying to follow the rules."

The ACLU is calling on the immigration court to reverse course and restore public access. Advocates say what's at stake is more than courtroom visibility -- it's the foundation of due process itself.

The following document is the letter sent by the ACLU of Colorado:

View CBS News In
CBS News App Open
Chrome Safari Continue
Be the first to know
Get browser notifications for breaking news, live events, and exclusive reporting.