Currently, Immigration and Customs Enforcement (ICE) is operating out of two suites at 100 Midland Avenue in Glenwood Springs, Colorado. They previously had a special use permit (SUP) to temporarily hold people for up to 12 hours, but on April 28th, the Glenwood Springs City Planning and Zoning Commission voted five to one and revoked the SUP. Now, the facility is unable to hold people at all.
City Attorney Carl Hanlon: "So that’s the violation for which the revocation occurred and which they have not corrected. Now, they don't have a special use permit for it, so now their use for a hold facility at all is in violation of the code."
That was city attorney Carl Hanlon who presented evidence of code violation to the Glenwood Springs City Council and suggested different options for taking legal action. Hanlon noted that U.S. customs and border patrol states that temporary hold facilities cannot keep people over 12 hours.
"I want to say in the 18 month period, there have been at least a dozen times they had violated that; and looking at a broader data set, I think there were some violations that dated back to the late 2019-2020 range. That’s not relevant to the decision because the special use permit has already been revoked by the planning commission and [the landowner, GSA, and ICE] didn’t appeal that, so it’s simply not permitted now."
Hanlon gave the council detailed options for taking legal action. He explained that handling the issue within state courts would be the best course of action. The council asked whether ICE or the owner knew their SUP had been revoked in April. Hanlon explained that they did know.
"The owner, GSA and ICE all had 7 days to file an appeal to be heard by U.S. council; they chose not to. They could have also filed an appeal under Colorado rule civil procedure 10684 regarding process within 28 days. They did not do that either."
The council deliberated on the issue of whether to take legal action to enforce the local code and what that would entail, advised by Hanlon.
"We’re not saying you can’t enforce, we're saying you can’t violate our zoning code by holding people there. That’s all we’re saying, we’re not addressing any of those other issues.
"I think what’s critical to your decision tonight –– and it’s easy to drift into those other subjects –– the special use permit doesn’t exist; they are engaging in a use that is not permitted in the zone district. That’s what we’re talking about tonight. The issue that we’re facing is: someone is operating a facility in violation of our code, are we going to do anything about it?"
The council then listened to public comments. Ashley Stahl opened:
"We said there are violations happening inside that building, we were told we were mistaken. So we brought the data. The community said no and the community was right. Then came planning and zoning; staff recommended against revoking. This room filled up, the hallway filled, the overflow room filled and the commission voted five to one. The community said no and the community was right. And tonight there’s a staff recomaenation I can actually get behind, thank you, Carl, for that sincerely, but look at what finally made it possible: and EMS call on July 24th where the fire department went in and saw for itself."
Mae Gray had this comment for the council:
" I have found that there are far more things that unite us than divide us, and tonight I believe Glenwood Springs has an opportunity to prove that. Be the city council that other Colorado communities will look for when they wonder whether they have the courage to do and the authority to stand up for their own laws. Be the leaders who remind people that local gocverment still matters. Be the community that demonstrates that standing up for something powerful does not require abandoning the rule of law, it requires believing in it. So tonight I’m asking each of you very clearly: vote to uphold the revocation of ICE’s permit, stand behind our laws, stand behind the people you represent, and show Colorado what courageous local leadership looks like because it looks like you."
After the council listened to Hanlon's presentation and statements from the public, Mayor Dehm called for the vote.
"I will call for the question. Okay, excellent, call for the question, Ryan."
The decision to proceed with legal action within the state passed six-to-one.
