Colorado district attorney says neither ICE nor DEA submitted state charges following immigration arrests
Neither the Drug Enforcement Administration nor the Immigration and Customs Enforcement have filed any state level referrals for prosecution in Adams County. CBS News Colorado learned this nearly two weeks after dozens were arrested as part of an immigration enforcement operation.
District Attorney Brian Mason said his office has not received any details from ICE or the DEA about the recent arrests of more than 40 people initially accused of drug possession and illegal status in the country.
"The district attorney's office has no role in federal immigration policy or enforcement," Mason said.
However, possession of illegal drugs would be considered a state-level crime. Following the arrests at an overnight party two weeks ago, the DEA initially told reporters many of those arrested were being investigated for possession of illegal drugs.
However, in the weeks since, not one of those cases has been handed over to Mason's office. Typically, those being held on such accusations would have 48 hours to be advised, charged or released.
"I think it is surprising," Mason said. "One of the raids was very publicly talked about by federal law enforcement. They put it on their Twitter and social media and alleged that there were drug crimes being committed."
Christina Uribe Reyes, a Denver-based immigration lawyer, represents two of the people arrested during the operation in Adams County. She said she is also concerned as to why no charges have been filed on the state level if that's what the initial investigation was about.
"Where are those charges?" Uribe Reyes said. "If they really do have criminal gang members that they know of and that have already committed crimes, why aren't we charging them?"
Uribe said one of her clients was simply serving as a designated driver the night of the arrests and claims to have been caught in the operation unexpectedly.
"As a U.S. citizen, as an attorney for clients, I'm very, very concerned," Uribe Reyes said. "We're wasting taxpayer money having people detained that haven't done anything wrong but comply with the process set forth."
The federal government has the right to detain people accused of immigration violations indefinitely. However, Uribe Reyes said those in custody have the right to request bond.
However, those solely accused of crimes such as possession of narcotics are supposed to be either advised of their crimes or released within 48 hours.
ICE declined to participate in an interview for this story.
The local DEA office said it's not pursuing any charges related to the initial accusations of illegal drug possession by those at the Adams County party, citing its inability to link drugs back to individuals after they allegedly all dropped the drugs on the floor.
When asked if he has been in contact with either ICE or the DEA in reference to the nearly 50 people arrested weeks ago, Mason said no. When CBS Colorado asked Mason if he had reach out to those federal agencies, he also said no.
"They have not reached out to me at all. No," Mason said.
