Denver Challenges DHS Subpoena, Will DHS Fold?

Recently, U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations (ICE ERO) served an administrative subpoena on the City of Denver for information about four illegal aliens held by the Denver Police. This strategy was to get around Denver’s refusal to respond to or adhere to two Department of Homeland Security (DHS) legal documents, a detainer and an arrest warrant, Forms I-247A and I-200, both authorized by Federal statute, i.e. an immigration officer is authorized to arrest any alien and detain that alien based on a reasonable belief the alien is in the United States unlawfully under Title 8 United States Code Section 1357(a).

Furthermore, an immigration officer can ask any law enforcement officer in the United States to hold such an alien for three business days based on the detainer and warrant under 8 USC 1357(d). These authorities are not administratively created, but in Federal statute. Also under 8 USC 1357(a), an immigration officer may subpoena any records held by any person or organization about any alien. Regulations for DHS administrative subpoenas are under Chapter 8 Code of Federal Regulations Section 287.4. This makes compliance mandatory, subject to arrest for obstruction of an administrative proceeding under Title 18 USC 1505, Obstruction of an Administrative Proceeding.

The City of Denver has responded to the ICE ERO subpoena, and they have refused to provide the subpoenaed information, claiming they do not have to provide any information related to immigration enforcement....

The second strategy, and these two are not necessarily exclusive, is to obtain an arrest warrant for Sublet for violation of Title 8 USC 1324, Bringing In and Harboring Certain Aliens and the above 18 USC 1505. This would be the shock and awe strategy, letting Sanctuary Cities know that DHS and the Department of Justice (DOJ) are serious about punishing their support for illegal immigration....