ICE official testifies re-arrests of freed detainees have stopped, judge considers contempt

A federal judge on Monday pressed the acting head of Denver's U.S. Immigration and Customs Enforcement field office over an order to quickly re-arrest immigrants a court had ordered released from detention. She is now deciding whether contempt proceedings are appropriate.

U.S. District Judge Charlotte Sweeney called the re-arrests concerning, both for due process and for the fear they instill among immigrant detainees.

Court testimony revealed at least 18 detainees were released and then quickly re-arrested over about a week at the GEO facility in Aurora. The arrests prompted a series of protests outside the detention center and led to Monday morning's hearing.

Nathan Rasper, acting director of ICE's Denver field office, testified that beginning October 27, he told his team that detainees subject to release following habeas corpus proceedings could be re-arrested "based on our statutory authority." Rasper, who became acting director on October 14, said he was under the understanding that some detainees had been arrested without the proper paperwork, so serving them with those warrants after their release would solve the issue.

Rasper said he believed such arrests would not violate court orders but told the judge the practice has stopped, saying he ordered an end to the practice on November 4.

The American Civil Liberties Union said ICE's actions have a specific aim "where cruelty seems to be the point."

"What we're seeing is instructions from Washington that amount to abuses, and it's happening day in and day out," said Tim Macdonald, Legal Director for ACLU of Colorado. "With the elevation of [Stephen] Miller, we should all be concerned that this administration didn't get the message from the midterms and they're going to continue their abusive practices."

Last week, an unnamed Department of Homeland Security spokesperson told CBS Colorado that ICE complies with lawful court orders and that prohibiting the re-arrests is "nothing short of sabotage."

At Monday's hearing, the assistant U.S. attorney quickly distanced himself and his office from that statement, saying they did not know it was being submitted to the press.

Sweeney is now weighing whether contempt proceedings are appropriate.