A federal judge appointed by former President Joe Biden has ordered the director of the Immigration and Customs Enforcement Denver field office to appear in court this Monday. The summons comes amid growing concerns that immigration authorities may have violated judicial release orders by immediately re-arresting detainees, with at least one incident reportedly occurring outside a detention facility.
Nathan Rasper has been called to testify as part of an inquiry involving 14 individuals who were re-arrested after being released from immigration detention. The Department of Homeland Security maintains that ICE complied with all lawful court orders. A DHS statement emphasized that a judicial release order does not permanently shield individuals from immigration enforcement. The agency stated that when a judge orders the release of an illegal alien, it does not immunize the individual from enforcement for all time. DHS argued that ICE may seek to re-arrest an alien in a manner that complies with the judicial decision, calling the suggestion otherwise "nothing short of sabotage."
The order issued by U.S. District Judge Charlotte Sweeney on November 5 followed an earlier ruling that required the government to identify every case in Colorado since October 27 where ICE re-detained a person within 12 hours of a court-ordered release. Federal officials identified the 14 petitioners but did not initially provide the precise timing of the re-arrests. Judge Sweeney directed officials to supply the exact dates and times of both the releases and the subsequent re-arrests. She also asked for identification of any additional individuals who were immediately detained following court-ordered releases.
These additional reporting requirements were established after a hearing on November 4, during which Sweeney questioned whether ICE was circumventing judicial orders by briefly releasing detainees before immediately taking them back into custody. At that hearing, the judge ordered Rasper to appear at a follow-up session to address the agency's practices.
The legal dispute stems in part from the case of Ramon Quintero Alvarez. According to a government court filing, Alvarez was released from immigration detention on October 27, but ICE immediately took him back into custody. In a court filing submitted on November 3, federal government attorneys stated they would not submit a legal brief defending the lawfulness of Alvarez's continued detention. This decision prompted Judge Sweeney to convene the November 4 hearing.
During the November 4 proceedings, Assistant U.S. Attorneys Andrew Soler and Kevin Traskos appeared alongside ICE Assistant Field Office Director Nichole Black. Black testified under oath regarding the circumstances surrounding Alvarez's re-arrest. Following the hearing, Judge Sweeney ordered Alvarez's release. She barred immigration authorities from detaining him again unless the government could demonstrate, by clear and convincing evidence at a bond hearing, that he posed a flight risk or a danger to the community.
The government is required to submit the additional information requested by the judge by 8 a.m. on Monday. This deadline precedes Rasper's scheduled court appearance later that morning. While the proceedings may clarify ICE's compliance with judicial release orders, Sweeney has not yet indicated whether she intends to pursue contempt proceedings against the agency.
This dispute occurs as ICE faces similar legal challenges across Colorado. Other Biden-appointed federal judges, including U.S. District Judges Nina Wang and S. Kato Crews, have also presided over cases involving disputes over immigration detention and court-ordered releases. Fox News Digital reached out to the U.S. Attorney’s Office for the District of Colorado for comment regarding the ongoing situation.
