Sheriff critiques Denver's 'sanctuary city' policies, increases ICE detainer hold to 48 hours

CHEYENNE — Detainment time for adjudicated undocumented inmates was increased from two hours to 48 hours by Laramie County Sheriff Brian Kozak.

The change will bring detainment times in line with a nationally accepted standard and has been a long-term goal of Kozak's since he was elected sheriff. Federal law states that state and local law enforcement authorities may only hold persons on immigration detainers for 48 hours after the completion of their jail time.

"I know that some criminal aliens were released into our community, into Cheyenne in the past," Kozak told the Wyoming Tribune Eagle, referencing the impact of the former two-hour rule. "That was one of the reasons we're going through and updating our policies. And this is one (policy) that I particularly wanted to update, so that it was in line with other jails in Wyoming."

The issue of cooperation with U.S. Immigration and Customs Enforcement varies by law enforcement department. Some departments are less cooperative, which typically increases the resources ICE will utilize to obtain an undocumented person after they've served prison time, according to an ICE spokesperson.

"We're always looking to strengthen any relationship we have with any law enforcement agency," an ICE representative told the WTE on condition of anonymity due to threats against named ICE employees. "Whether that's in line with keeping our officers safe when they're on the streets, doing fugitive operations, enforcement, or transferring detainees. It's about safety."

Though there is no legal definition for a sanctuary county or state, law enforcement departments that are less cooperative with ICE are often casually referred to as sanctuary counties. Kozak has criticized the city of Denver, Colorado, for its reputation as a "sanctuary county."

Kozak has indicated that policies like this lead to "lawlessness." In a recent Facebook post, the sheriff's department addressed the issue of potential gang violence.

"We will never allow the type of lawlessness as allegedly reported out of (Colorado), and we will stay ahead of any potential trends in gang trafficking in Wyoming," the post reads. "We are NOT a sanctuary county; we turn all undocumented inmates over to Immigration and Customs when their local charges are adjudicated."

The referenced alleged gang action in Colorado has largely taken place in Aurora, which has received substantial national political attention for alleged Venezuelan gang activity in an apartment complex.

Allegations of gang members taking possession of the buildings, shaking down residents for rent money and chasing out the property managers have not been confirmed by local law enforcement; however, arrests of some of the gang members have been made by Aurora Police.

Kozak has recently been asked about the status of suspected gang members in the jail, particularly Elizando Gonzalez Perez, a 23-year-old man who has been charged with felony theft. He allegedly stole a car in Colorado Springs, Colorado. Perez's trial is set for Nov. 25, and he could potentially face up to 10 years in prison.

Gonzalez Perez is suspected to be affiliated with the Tren de Aragua gang, a group which has garnered national attention for activity in Denver. According to Kozak, graffiti in Gonzalez Perez's cell translated to "Venezuela in the house," and he also has tattoos and has made claims that indicate he is affiliated with the gang.

"He had three criteria that we used to identify gang members," Kozak said.

While Kozak's new hold policy was not inspired by Gonzalez-Perez's potential gang affiliation, it would apply to him. Kozak confirmed that ICE has a hold on Gonzalez-Perez.

The presence of gang members in the jail has always been a sensitive issue, requiring that the jail address the dynamics between gang members to maintain the peace.

"We also have another identified gang member, a Latin King gang member," Kozak said. "We have to make sure that we keep them separated, sometimes gang members will tend to assert their dominance over other inmates, and so we make sure to monitor that. If that happens, then we will lock them down and separate them from the other inmates, because we definitely don't want a gang environment in our jail."

While Kozak expressed that he is concerned about the situation developing in Denver and Aurora, he made it clear to the WTE that he does not foresee that type of gang activity occurring in Cheyenne.

"I did say I was concerned, but I'm mostly concerned for what's happening in Colorado, not here," Kozak told the WTE. "I do not foresee any event like gang members trying to take over anything in Cheyenne or in Wyoming."

Kozak attributed the lack of gang-related crime and the typically low number of incarcerated undocumented immigrants to the department's cooperation with ICE and the state's conservative values.

"We have some conservative values, and I don't think the community would put up with something like that," Kozak told the WTE. "Denver is a sanctuary city, and that comes with a lot of problems. We are not a sanctuary county, which means I do report to ICE when we have someone detained who is suspected of being undocumented."

Kozak has previously critiqued Denver's law-enforcement policies. When the Denver Police Department expected to see $8.4 million in budget cuts, LCSO invested in a billboard in downtown Denver which read "Work in Wyoming, where breaking the law is still illegal & cops are funded!" LCSO had been actively recruiting from Denver for a year prior to this.

Though Denver Mayor Mike Johnston made it clear the budget cuts would not impact the department's public-facing services, and were largely capital, delaying new furniture purchases in some of the police department buildings, the cuts were framed as "defunding the police."

"The City of Denver's adjustment to the Denver Police Department's budget was carefully crafted with safety leaders and Mayor Johnston to ensure there would be no impact to the department's public services," Johnston's office wrote in response to an interview request from the WTE in May.

"To say that Denver is 'defunding the police' is a willful mischaracterization of the budget reductions, which actually just delays the purchase of new furniture and shifts the funding source for one cadet class," the statement continued. "In fact, Mayor Johnston has invested millions to add 167 new police recruits to our force in 2024, and will continue to invest in public safety to ensure every Denverite is safe in their city."