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Colorado deputies disciplined for helping federal immigration agents
Court Issues |
2025/08/01 20:22
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Two Colorado deputies have been disciplined for violating state law by helping federal agents make immigration arrests, and their sheriff says officers from other agencies have done the same.
One of the deputies, Alexander Zwinck, was sued by Colorado’s attorney general last week, after his cooperation with federal immigration agents on a drug task force was revealed following the June arrest of a college student from Brazil with an expired visa.
Following an internal investigation, a second Mesa County Sheriff’s Office deputy and task force member, Erik Olson, was also found to have shared information. The two deputies used a Signal chat to relay information to federal agents, according to documents released Wednesday by the sheriff’s office.
Zwinck was placed on three weeks of unpaid leave, and Olson was given two weeks of unpaid leave, Mesa County Sheriff Todd Rowell said in a statement. Both were removed from the task force.
Two supervisors also were disciplined. One was suspended without pay for two days, and another received a letter of reprimand. A third supervisor received counseling.
State laws push back against Trump crackdown
The lawsuit and disciplinary actions come as lawmakers in Colorado and other Democratic-led states have crafted legislation intended to push back against President Donald Trump’s immigration crackdown.
Since Trump took office, pro-immigrant bills have advanced through legislatures in Illinois, Vermont, California, Connecticut and other states. The measures include stronger protections for immigrants in housing, employment and police encounters.
Trump has enlisted hundreds of state and local law enforcement agencies to help identify immigrants in the U.S. illegally and detain them for potential deportation. The Republican also relaxed longtime rules restricting immigration enforcement near schools, churches and hospitals.
Zwinck was sued under a new state law signed by Gov. Jared Polis about two weeks before the arrest of the student from Brazil. It bars local government employees including law enforcement from sharing identifying information about people with federal immigration officials. Previously, only state agencies were barred from doing that. It’s one of a series of laws limiting the state’s involvement in immigration enforcement passed over the years that has drawn criticism and a lawsuit from the federal government.
The U.S. Department of Justice has also sued Illinois and New York, as well as several cities in those states and New Jersey, alleging their policies violate the U.S. Constitution or federal immigration laws.
Officers say they were following established procedures
Zwinck and Olson told officials they thought they were operating according to long-standing procedures.
However, the internal investigation found they had both received and read two emails prior to the passage of the new law about previous limits on cooperation with immigration officials. The most recent was sent on Jan. 30, 2025, after an official for Homeland Security Investigations, part of Immigration and Customs Enforcement, had asked state and local law enforcement officers at a law enforcement meeting to contact HSI or ICE if they arrested a person for a violent crime who was believed not to be a citizen, the investigation documents said. The email said not to contact HSI or ICE.
Zwinck said he didn’t know about the new law and was not interested in immigration enforcement.
“When I was out there, I wanted to find drugs, guns and bad guys,” Zwinck said at a July 23 disciplinary hearing. “And sending that information to HSI they provided the ability to give me real time background information on the person I was in contact with,” he said.
Olson, who said he had been with the sheriff’s office 18 years, testified at his disciplinary hearing that it was “standard practice” to send information up to federal agents during traffic stops.
“It was routine for ICE to show up on the back end of a traffic stop to do their thing,” Olson said. “I truly thought what we were doing was condoned by our supervision and lawful.”
A lawyer at a law firm listed as representing both deputies, Michael Lowe, did not immediately return a telephone call or email seeking comment.
Rowell said drug task force members from other law enforcement agencies, including the Colorado State Patrol, also shared information with immigration agents on the Signal chat. The state patrol denied the claim.
The sheriff faulted Attorney General Phil Weiser for filing the lawsuit against Zwinck before a local internal investigation was complete. He called on the Democrat, who is running for governor, to drop it.
“As it stands, the lawsuit filed by the Attorney General’s Office sends a demoralizing message to law enforcement officers across Colorado — that the law may be wielded selectively and publicly for maximum political effect rather than applied fairly and consistently,” he said.
Weiser said last week that he was investigating whether other officers in the chat violated the law.
Spokesperson Lawrence Pacheco said Weiser was presented with evidence of a “blatant violation of state law” and had to act.
“The attorney general has a duty to enforce state laws and protect Coloradans and he’ll continue to do so,” Pacheco said.
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Immigration judges fired by Trump administration say they will fight back
Court Issues |
2025/07/26 21:36
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Federal immigration judges fired by the Trump administration are filing appeals, pursuing legal action and speaking out in an unusually public campaign to fight back.
More than 50 immigration judges — from senior leaders to new appointees — have been fired since Donald Trump assumed the presidency for the second time. Normally bound by courtroom decorum, many are now unrestrained in describing terminations they consider unlawful and why they believe they were targeted.
Their suspected reasons include gender discrimination, decisions on immigration cases played up by the Trump administration and a courthouse tour with the Senate’s No. 2 Democrat.
“I cared about my job and was really good at it,” Jennifer Peyton, a former supervising judge told The Associated Press this week. “That letter that I received, the three sentences, explained no reason why I was fired.”
Peyton, who received the notice while on a July Fourth family vacation, was appointed judge in 2016. She considered it her dream job. Peyton was later named assistant chief immigration judge in Chicago, helping to train, mentor and oversee judges. She was a visible presence in the busy downtown court, greeting outside observers.
She cited top-notch performance reviews and said she faced no disciplinary action. Peyton said she’ll appeal through the Merit Systems Protection Board, an independent government agency Trump has also targeted.
Peyton’s theories about why she was fired include appearing on a “bureaucrat watchdog list” of people accused by a right-wing organization of working against the Trump agenda. She also questions a courthouse tour she gave to Sen. Dick Durbin of Illinois in June.
Durbin blasted Peyton’s termination as an “abuse of power,” saying he’s visited before as part of his duties as a publicly-elected official.
The nation’s immigration courts — with a backlog of about 3.5 million cases — have become a key focus of Trump’s hard-line immigration enforcement efforts. The firings are on top of resignations, early retirements and transfers, adding up to 106 judges gone since January, according to the International Federation of Professional and Technical Engineers, which represents judges. There are currently about 600 immigration judges.
Several of those fired, including Peyton, have recently done a slew of interviews on local Chicago television stations and with national outlets, saying they now have a platform for their colleagues who remain on the bench.
“The ones that are left are feeling threatened and very uncertain about their future,” said Matt Biggs, the union’s president.
Carla Espinoza, a Chicago immigration judge since 2023, was fired as she was delivering a verdict this month. Her notice said she’d be dismissed at the end of her two-year probationary period with the Executive Office for Immigration Review. |
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Judge blocks Trump’s birthright citizenship restrictions in third ruling
Court Issues |
2025/07/23 04:36
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A federal judge on Friday blocked the Trump administration from ending birthright citizenship for the children of parents who are in the U.S. illegally, issuing the third court ruling blocking the birthright order nationwide since a key Supreme Court decision in June.
U.S. District Judge Leo Sorokin, joining another district court as well as an appellate panel of judges, found that a nationwide injunction granted to more than a dozen states remains in force under an exception to the Supreme Court ruling. That decision restricted the power of lower-court judges to issue nationwide injunctions.
The states have argued Trump’s birthright citizenship order is blatantly unconstitutional and threatens millions of dollars for health insurance services that are contingent on citizenship status. The issue is expected to move quickly back to the nation’s highest court.
White House spokeswoman Abigail Jackson said in a statement the administration looked forward to “being vindicated on appeal.”
New Jersey Attorney General Matthew Platkin, who helped lead the lawsuit before Sorokin, said in a statement he was “thrilled the district court again barred President Trump’s flagrantly unconstitutional birthright citizenship order from taking effect anywhere.”
“American-born babies are American, just as they have been at every other time in our Nation’s history,” he added. “The President cannot change that legal rule with the stroke of a pen.”
Lawyers for the government had argued Sorokin should narrow the reach of his earlier ruling granting a preliminary injunction, saying it should be “tailored to the States’ purported financial injuries.”
Sorokin said a patchwork approach to the birthright order would not protect the states in part because a substantial number of people move between states. He also blasted the Trump administration, saying it had failed to explain how a narrower injunction would work.
“That is, they have never addressed what renders a proposal feasible or workable, how the defendant agencies might implement it without imposing material administrative or financial burdens on the plaintiffs, or how it squares with other relevant federal statutes,” the judge wrote. “In fact, they have characterized such questions as irrelevant to the task the Court is now undertaking. The defendants’ position in this regard defies both law and logic.”
Sorokin acknowledged his order would not be the last word on birthright citizenship. Trump and his administration “are entitled to pursue their interpretation of the Fourteenth Amendment, and no doubt the Supreme Court will ultimately settle the question,” Sorokin wrote. “But in the meantime, for purposes of this lawsuit at this juncture, the Executive Order is unconstitutional.”
The administration has not yet appealed any of the recent court rulings. Trump’s efforts to deny citizenship to children born to parents who are in the country illegally or temporarily will remain blocked unless and until the Supreme Court says otherwise.
A federal judge in New Hampshire issued a ruling earlier this month prohibiting Trump’s executive order from taking effect nationwide in a new class-action lawsuit. U.S. District Judge Joseph LaPlante in New Hampshire had paused his own decision to allow for the Trump administration to appeal, but with no appeal filed, his order went into effect.
On Wednesday, a San Francisco-based appeals court found the president’s executive order unconstitutional and affirmed a lower court’s nationwide block.
A Maryland-based judge said last week that she would do the same if an appeals court signed off.
The justices ruled last month that lower courts generally can’t issue nationwide injunctions, but it didn’t rule out other court orders that could have nationwide effects, including in class-action lawsuits and those brought by states. The Supreme Court did not decide whether the underlying citizenship order is constitutional.
Plaintiffs in the Boston case earlier argued that the principle of birthright citizenship is “enshrined in the Constitution,” and that Trump does not have the authority to issue the order, which they called a “flagrantly unlawful attempt to strip hundreds of thousands of American-born children of their citizenship based on their parentage.”
They also argue that Trump’s order halting automatic citizenship for babies born to people in the U.S. illegally or temporarily would cost states funding they rely on to “provide essential services” — from foster care to health care for low-income children, to “early interventions for infants, toddlers, and students with disabilities.”
At the heart of the lawsuits is the 14th Amendment to the Constitution, which was ratified in 1868 after the Civil War and the Dred Scott Supreme Court decision. That decision found that Scott, an enslaved man, wasn’t a citizen despite having lived in a state where slavery was outlawed.
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A Virginia man accused of stockpiling bombs pleads guilty
Court Issues |
2025/07/19 19:06
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A Virginia man pleaded guilty Friday in a federal case that accused him of stockpiling the largest number of finished explosives in FBI history and of using then-President Joe Biden’s photo for target practice.
Brad Spafford pleaded guilty in federal court in Norfolk to possession of an unregistered short barrel rifle and possession of an unregistered destructive device, according to court documents. Each count carries a maximum sentence of 10 years in prison. His sentencing is scheduled for December.
Federal authorities said they seized about 150 pipe bombs and other homemade devices last fall at Spafford’s home in Isle of Wight County, which is northwest of Norfolk.
The investigation into Spafford began in 2023 when an informant told authorities that Spafford was stockpiling weapons and ammunition, according to court documents. The informant, a friend and member of law enforcement, told authorities that Spafford was using pictures of then-President Joe Biden for target practice and that “he believed political assassinations should be brought back,” prosecutors wrote.
Two weeks after the assassination attempt of then-presidential candidate Donald Trump in 2024, Spafford told the informant, “bro I hope the shooter doesn’t miss Kamala,” according to court documents. Former Vice President Kamala Harris had recently announced she was running for president. On around the same day, Spafford told the informant that he was pursuing a sniper qualification at the local gun range, court records stated.
Spafford stored a highly unstable explosive material in a garage freezer next to “Hot Pockets and frozen corn on the cob,” according to court documents. Investigators also said they found explosive devices in an unsecured backpack labeled “#NoLivesMatter.”
Spafford has remained in jail since his arrest last December. U.S. District Judge Arenda L. Wright Allen ruled against his release last January, writing that Spafford has “shown the capacity for extreme danger.” She also noted that Spafford lost three fingers in an accident involving homemade explosives in 2021.
Spafford had initially pleaded not guilty to the charges in January. Defense attorneys had argued at the time that Spafford, who is married and a father of two young daughters, works a steady job as a machinist and has no criminal record.
Defense attorney Jeffrey Swartz said at Spafford’s January detention hearing that investigators had gathered information on him since January 2023, during which Spafford never threatened anyone.
“And what has he done during those two years?” Swartz said. “He purchased a home. He’s raised his children. He’s in a great marriage. He has a fantastic job, and those things all still exist for him.”
Investigators, however, said they had limited knowledge of the homemade bombs until an informant visited Spafford’s home, federal prosecutors wrote in a filing.
“But once the defendant stated on a recorded wire that he had an unstable primary explosive in the freezer in October 2024, the government moved swiftly,” prosecutors wrote. |
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