Colorado man detained by ICE for weeks due to decades-old marijuana charge

A Castle Rock father and husband is in ICE custody waiting on his immigration hearing.

Born in England, Dale Heath has lived in the United States since he was a child, but was arrested by U.S. Customs and Border Patrol because of marijuana charges from nearly 25 years ago.

While Heath has spent weeks inside an ICE detention facility, back in Castle Rock, his family is having to navigate life without him.

"I'm trying to live, live life as a single parent unexpectedly," Kelli Heath told CBS Colorado.

Phone calls from a detention center are now Kelli main form of contact with her husband.

"Hi, babe," Kelli Heath said as she answered a call from her husband. "Did you sleep well?"

In the three weeks he's been in ICE detention, Dale missed his 42nd birthday, and his children going back to school.

"I love you too. I saw Ollie at school, and he was in a good mood," Kelli said on the phone. "He had pictures this morning."

Usually, Dale takes his daughter to archery classes and coaches his son's soccer team.

"It makes my son feel important because he's like, 'Oh, Dad told me to do this. Dad told me to do that,'" Kelli explained.

Dale owns a carpet cleaning business and is involved with nonprofit Dads of Castle Rock.

While he may seem like the all-American dad, Dale is a British citizen.

"He came over from England when he was eight years old on a permanent resident visa," Kelli explained.

On Aug. 4, Dale went to Denver International Airport to renew his temporary green card like he had so many times before.

"He was texting me, just saying, 'Hey, this is taking a long time. Usually it's a quick in-and-out,'' Kelli said. "And he's like, 'There's new people working here. The guy that I've always dealt with before is not here anymore.'"

After going silent, Dale texted Kelli to say he was being arrested. By that evening, he had been processed in the Aurora ICE Detention Center.

"That was a moment of freak out and panic," Kelli said. "When he called, it was just obviously tears. I'm a very emotional person, and just to know that he is somewhere that I can't help him."

A U.S. Customs and Border Patrol spokesperson told CBS Colorado, "This individual has been convicted on more than one occasion for possession of a controlled substance, the most recent in the state of Texas, where he was sentenced to 60 days in jail." Adding that, "During his interaction with CBP, Heath attempted to flee after being served a Notice to Appear (NTA) for immigration court."

Court records show Dale was convicted of marijuana possession twice as a teen in Texas. Both drug arrests happened in 2001, one before he turned 18.

"Him and a couple of his friends were in a car together, and there was a bag of marijuana in the car, and all three of them were arrested," Kelli said.

Since Dale's arrest, Kelli has had to hire a lawyer and temporarily close the carpet cleaning business.

"It's been kind of a fight or flight type of feeling," Kelli said.

Kelli been able to visit Dale at the ICE facility.

"It is literally like visiting somebody in prison," Kelli said. "It's through a glass window. You pick up the phone and can talk to them through the phone. So it's not like I can hug him or kiss him."

But the separation is taking its toll on her husband.

"Emotionally, he's a wreck. Physically, he's a wreck. He lost 12 pounds in the first four days he was there," Kelli said. "He's in an area where there's ... I'll say real criminals in there -- domestic violence, or somebody who is affiliated with a murder. It's just crazy things like that."

Kelli also says it's been traumatic for her children.

"For [our daughter] it's just that uncertainty feeling," Kelli said. "For our son, it's a lot more of a devastated, and I say that because the day that he had his first hearing to review what the case was, I found out that my son cried three times at school."

Kelli says the detainment is unfair, and that her husband is no dangerous criminal. In Colorado, marijuana has been legal for more than a decade.

"I think one of the biggest things that I've come to realize in this whole situation is that there is no statute of limitations when it comes to immigration laws, and that does not seem right to in my perspective," Kelli said.

Dale's fate will be decided by a federal immigration judge. His next and final hearing date is Sept. 3.

"I'm hoping that they reinstate his green card. So that's what we're asking for at this time. That's our biggest hope," Kelli said.

Kelli doesn't want to think about the other option.

"I can't imagine having to uproot my entire family," Kelli said. "We've built such a life here in Castle Rock and in this community that ... I cannot imagine trying to build this somewhere else."

U.S. Customs and Border Patrol complete statement   

"A green card is a privilege, not a right, and under our nation's laws, our government has the authority to revoke a green card if our laws are broken and abused. Lawful Permanent Residents (LPR) presenting at a U.S. port of entry with criminal convictions may be found inadmissible, placed in removal proceedings, and subject to mandatory detention.  This individual has been convicted on more than one occasion for possession of a controlled substance, the most recent in the State of Texas, where he was sentenced to 60 days in jail."On August 4, 2025, Dale Michael Heath, a United Kingdom passport holder, and U.S. lawful permanent resident, presented himself to U.S. Customs and Border Protection (CBP) at the Denver, Colorado port of entry to request a parole extension. Heath had previously been found inadmissible under § 212(a)(2)(A)(i)(II) of the Immigration and Nationality Act due to a controlled substance violation. During his interaction with CBP, Heath attempted to flee after being served a Notice to Appear (NTA) for immigration court. CBP officers swiftly apprehended Heath, who was subsequently transferred to U.S. Immigration and Customs Enforcement (ICE) custody.CBP remains committed to enforcing immigration laws in strict accordance with federal statutes and policies. Heath's case is now under the jurisdiction of the immigration court system, where he remains in custody pending further proceedings."