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Home My WebLink About08-24-2026 Special Study Session Agenda PacketSPECIAL STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO Monday, August 24, 2026 • Meeting will commence at the conclusion of the Regular City Council meeting which starts at 6:30 p.m. This meeting will be conducted as a virtual meeting, and in person, at: 7500 West 29th Avenue, Municipal Building, Council Chambers. City Council members and City staff members will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival. 2. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on August 24, 2026) 3. Virtually attend and participate in the meeting through a device or phone: Click here to pre-register and provide public comment by Zoom (You must preregister before 5:00 p.m. on August 24, 2026) 4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. The City will upon request, provide auxiliary aids and services leading to effective communication for people with disabilities, including qualified sign language interpreters, assistive listening devices, documents in Braille, and other ways of making communications accessible to people who have speech, hearing, or vision impairments. To request auxiliary aid, service for effective communication, or document in a different format, please use this form or contact ADA Coordinator, (Kelly McLaughlin at ada@ci.wheatridge.co.us or 303-235-2885) as soon as possible, preferably 7 days before the activity or event. Public Comment on Agenda Items 1.Federal Immigration Enforcement: City Authority and Recommended Policies 2.Staff Report(s) 3.Elected Officials’ Report(s) Memorandum TO: Mayor and City Council FROM: Patrick Goff, City Manager DATE: August 24, 2026 SUBJECT: Federal Immigration Enforcement: City Authority and Recommended Policies ISSUE: At the June 21, 2026, City Council meeting, members of the public requested that the City adopt several policies related to immigration enforcement and the interaction between the Wheat Ridge Police Department (WRPD) and U.S. Immigration and Customs Enforcement (ICE). Following public comments, the Mayor Pro Tem, with support from Council, requested that staff evaluate the requests and provide policy recommendations. This report summarizes each request, analyzes the City's legal authority and operational considerations, and provides staff recommendations. BACKGROUND: The Wheat Ridge Police Department is a municipal law enforcement agency whose primary mission is protecting public safety and enforcing Colorado law and municipal ordinances. Immigration enforcement is principally the responsibility of the federal government. State Law Framework Colorado has adopted several statutes over the past decade that define and limit the role of state and local governments in federal civil immigration enforcement (Attachment 1). While immigration enforcement remains exclusively a federal responsibility, the Colorado General Assembly has determined that local law enforcement agencies should prioritize state and local public safety responsibilities rather than participate in civil immigration enforcement activities. These laws generally prohibit state and local governments from using their personnel or resources to assist in civil immigration enforcement except where otherwise required by federal or state law. The City's policies should therefore be considered within an existing legal framework that already substantially limits the involvement of local governments in immigration enforcement. Item No. 1 Collectively, these statutes mean that many of the requests presented to City Council are already substantially addressed under Colorado law. Current state law already limits: • participation in federal civil immigration enforcement; • honoring civil immigration detainers; • sharing certain personal identifying information; • entering into many forms of immigration enforcement agreements; • use of local governmental resources for civil immigration enforcement. Accordingly, any local policy adopted by the City should complement, not conflict with, the existing statutory framework. Staff recommend that any Council action focus on codifying current City practices, increasing transparency regarding the Police Department's role, and reaffirming compliance with Colorado law rather than creating duplicative regulations or policies that may exceed the City's legal authority. The six requests presented by residents are evaluated below. 1. Prohibit Wheat Ridge police officers from entering into 287(g) agreements with ICE. Section 287(g) of the Immigration and Nationality Act allows ICE to enter into agreements with state and local law enforcement agencies authorizing specially trained local officers to perform certain federal immigration enforcement functions. The City currently does not participate in a 287(g) agreement. Entering into such an agreement would require approval by City leadership and significant operational commitments. Colorado law generally discourages local participation in civil immigration enforcement and participation would likely divert police resources from local public safety priorities. Staff Recommendation: Adopt a formal policy stating that the City will not enter into a 287(g) agreement without explicit authorization by City Council. This recommendation reflects existing practice; provides transparency; and preserves future policy discretion should federal or state law substantially change. 2. Prohibit Wheat Ridge police officers from providing collateral support for ICE operations. Residents requested that WRPD officers not provide assistance during ICE operations. The term "collateral support" is not legally defined and could include traffic control; emergency medical response; responding to violence or criminal activity; officer safety assistance; and crowd management. Completely prohibiting assistance could interfere with WRPD's obligation to protect public safety. Staff Recommendation: Do not adopt a blanket prohibition. Instead, adopt a policy stating: • WRPD officers shall not participate in civil immigration enforcement activities. • WRPD may respond only when necessary to protect life, preserve public safety, or investigate violations of criminal law. This approach clearly distinguishes immigration enforcement from public safety responsibilities. 3. Require immigration enforcement to utilize judicial warrants rather than civil detainers. Federal immigration officers operate under federal authority. Local governments do not control how ICE conducts enforcement actions. The City cannot require federal officers to obtain judicial warrants before taking enforcement action. However, the City can establish policies governing how its own employees respond to immigration requests. Colorado law already limits honoring immigration detainers absent other lawful authority. Staff Recommendation: Do not adopt this request as written because it exceeds municipal authority. Instead, reaffirm that: • WRPD will comply with Colorado law. • City employees will respond only to legally valid court orders, judicial warrants, or other legal requirements applicable under state and federal law. 4. Prohibit unidentified ICE officers from operating within Wheat Ridge. Residents expressed concerns regarding federal officers wearing masks or lacking visible identification. The City has no authority to regulate the appearance, uniforms, or identification requirements of federal law enforcement officers acting within their federal authority. Attempting to regulate federal officers would likely be preempted by federal law. Staff Recommendation: No action. 5. Restrict ICE agents from using City-owned property. Residents requested that City facilities not be used for immigration enforcement activities. The City generally controls the use of municipal facilities. However, limitations exist when: • federal warrants are presented; • court orders are issued; • exigent circumstances exist; • federal law preempts local action. The City can establish administrative policies governing voluntary use of municipal facilities. Staff Recommendation: Adopt an administrative policy providing that: • City-owned facilities shall not be made available for routine civil immigration enforcement activities. • Any request for use of City property by federal immigration authorities shall be reviewed by the City Manager and City Attorney. • The City will comply with all applicable legal obligations when required by law. This recommendation protects municipal discretion while recognizing legal limitations. 6. Commit that temporary holding cells will not be used for long-term detention. WRPD utilizes temporary holding facilities associated with normal law enforcement operations. The department does not operate a detention center or jail. Temporary holding facilities are intended for officer safety; booking; intoxication holds; criminal processing; and transfer to Jefferson County Jail. Long-term detention is not part of normal WRPD operations. Staff Recommendation: Adopt a policy reaffirming existing practice. The policy should state: • Temporary holding facilities operated by the Wheat Ridge Police Department are intended only for short-term law enforcement purposes and shall not be used as long-term detention facilities. This recommendation formalizes current operations without changing existing practices. ATTACHMENT: 1. State Law Framework Colorado State Law Framework – Immigration Enforcement Senate Bill 19-181 (Protect Colorado Residents from Federal Government Overreach) This legislation prohibits Colorado law enforcement agencies from: • Arresting or detaining an individual solely on the basis of a federal civil immigration detainer. • Holding an individual beyond the time they would otherwise be released based solely on an immigration detainer request. • Providing non-public personal identifying information to federal immigration authorities unless otherwise required by law. • Entering into agreements that deputize local officers to perform civil immigration enforcement functions except where speciﬁcally authorized by state law. The legislation reinforces that immigration enforcement is a federal responsibility while preserving cooperation related to criminal investigations. Senate Bill 21-131 (Protect Personal Identifying Information) Colorado law further restricts the disclosure of personal identifying information for immigration enforcement purposes. State and local agencies generally may not disclose non-public personal information for the purpose of assisting federal civil immigration enforcement unless disclosure is otherwise required by state or federal law. Senate Bill 25-276 (Protect Civil Rights Immigration Status) Beginning in 2025, Colorado expanded restrictions on cooperation with federal civil immigration enforcement by: • Limiting the use of state and local resources to assist civil immigration enforcement. • Restricting access to certain public facilities for civil immigration enforcement activities unless otherwise required by law. • Prohibiting governmental entities from entering into or renewing certain agreements related to civil immigration enforcement. • Expanding protections for individuals interacting with public services regardless of immigration status. These statutory changes further emphasize the General Assembly's policy that local governments should not participate in federal civil immigration enforcement except where legally required. ATTACHMENT 1