Federal Judge Considers Contempt Proceedings Over Re-Arrests of Immigrants in Colorado
Ali Khan:
A legal controversy is intensifying in Colorado after immigrants released from federal custody under court orders were allegedly arrested again by U.S. Immigration and Customs Enforcement (ICE). An ICE official testified in federal court that the agency has halted the practice of re-arresting certain detainees following their court-ordered release. Meanwhile, a federal judge is considering whether to initiate contempt-of-court proceedings against the agency.
During a hearing on Monday, November 9, U.S. District Judge Charlotte Sweeney questioned Nathan Raspar, acting director of ICE’s Denver Field Office, about the re-arrests of immigrants who had been released under court orders.
The judge expressed concerns about the implications of the arrests, particularly regarding compliance with judicial orders and the legal protections afforded to individuals in immigration detention.
According to testimony presented in court, at least 18 people were released and subsequently re-arrested within approximately one week at the GEO-operated immigration detention facility in Aurora, Colorado. The incidents also sparked protests outside the detention center.
Raspar testified that beginning October 27, he had instructed officers under his supervision that certain individuals released through habeas corpus proceedings could be arrested again based on the agency’s legal authority. He said he believed that some individuals had initially been detained without properly executed arrest warrants and that those warrants could subsequently be executed to facilitate their re-arrest.
However, Raspar told the court that on November 4, he directed officers to stop the practice of re-arresting individuals released under those circumstances. He testified that the practice is currently halted.
The American Civil Liberties Union (ACLU) has criticized ICE’s actions. Tim Macdonald, legal director of the ACLU of Colorado, raised concerns about the implications of the agency’s approach for immigrants’ rights and legal protections.
Meanwhile, a Department of Homeland Security (DHS) spokesperson told CBS Colorado last week that ICE complies with all lawful court orders. The spokesperson also maintained that a court-ordered release does not necessarily prevent an individual from being arrested again in the future.
During Monday’s hearing, an assistant U.S. attorney distanced the office from that statement, saying the office had not been aware that the remarks were being provided to the news media.
Judge Charlotte Sweeney is now considering whether ICE should face contempt-of-court proceedings over the alleged failure to comply with judicial orders.
The case raises significant questions about immigration detention practices, the authority of federal courts, and the due-process rights of individuals in immigration custody.
Source: CBS News Colorado, November 9, 2026.
