Immigration

Federal judge: DIA must allow emergency 24-hour permits for protests, can’t restrict sign size

DENVER – A federal judge on Wednesday ruled that Denver International Airport and the city of Denver must change some of its rules to accommodate protests at the airport, like the one that happened in late January in response to President Donald Trump’s executive orders on immigration.

Police at DIA drew the ire of many of the protesters, whom were told to leave because they did not have a proper seven-day permit required by the city.

Two of the protesters filed a federal lawsuit in early February saying their civil rights had been violated when they were forced to leave, and that the requirement of the seven-day permit was “ridiculous.”

They sought a preliminary injunction against the seven-day permit rule, calling it “unconstitutional.”

U.S. District Court of Colorado Judge William J. Martinez on Wednesday agreed with parts of their lawsuit, but struck down others.

Judge Martinez ruled that the city and airport will have to issue an “expressive activity permit” sought with 24 hours’ notice if the applicant “seeks a permit for the purpose of communicating topical ideas reasonably relevant to the purposes and mission of the Airport”, so long as the activity could not have been foreseen seven or more days in advance.

This means that protests that come together quickly, as the January one did because of the executive orders, could still receive a permit if they give the airport a day’s notice.

Judge Martinez also ruled that the airport and city must “make all reasonable efforts” to accommodate the requested location of a protest or gathering both inside and outside of the airport’s terminal as long as it’s at a place where “the unticketed public” is normally allowed.

The judge also struck down rules barring picketing inside of the airport’s terminal, as well as a rule that restricted the size of signage used during protests.

However, Judge Martinez ruled that the airport and city will not be required to accommodate a “truly spontaneous” demonstration, though both will be allowed to provide accommodations.

He also ruled that protesters would not be allowed to determine the exact location within the terminal they wish to demonstrate, giving the airport some say as to where the gatherings could be held on airport property.

He also refused to strike down the seven-day permit rules as “unconstitutional,” as the plaintiffs had sought.

This is a developing news story; stay posted to Denver7 for updates.

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Denver Sheriff: Not releasing Mexican national now accused of murder would’ve violated Constitution

DENVER – The Denver Sheriff’s Department says that it would have violated the Fourth Amendment had it held a Mexican citizen now accused of murder without a warrant following an arrest last year.

Ever Valles, 19, was booked into the Denver jail on aggravated auto theft and vehicular eluding charges last October, and was released Dec. 20 after posting a $5,000 bond. Continue reading

Two teens formally charged with murder, robbery for Denver light rail killing

DENVER – Two teenagers arrested in connection with the Tuesday shooting death of a 32-year-old man at a Denver light rail station have been formally charged with murder and other felonies.

Ever Valles and Nathan Valdez, both 19, face varying degrees of murder charges in the death of Tim Cruz, 32.

Valles faces charges of murder in the first degree-robbery, murder in the first degree-kidnapping, second-degree kidnapping, second-degree kidnapping with a gun and four counts of aggravated robbery with a gun.

Valdez is charged with first-degree murder, murder in the first-degree-robbery, murder in the first degree-kidnapping, second-degree kidnapping, second-degree kidnapping-gun and two counts of aggravated robbery with a gun.

The teens allegedly robbed Cruz at the Sheridan Station, at Sheridan Boulevard and 12th Avenue, around 1 a.m. on Feb. 7, then shot and killed him.

The two were arrested after surveillance video of the two was released, and an unidentified person tipped police off to who the men were.

Valles was arrested Feb. 8 on a parole violation and Valdez was captured Feb. 10.

The two are scheduled to appear in court for their first advisement Feb. 21.

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Another Denver undocumented mother in sanctuary at area church; sanctuary network aims to expand

DENVER – Jeanette Vizguerra made national headlines Wednesday when she sought sanctuary at a Denver church after finding out she’d be deported. But another Denver woman in a similar situation has been in sanctuary at a different area church since last fall.

Ingrid Encalada LaTorre, 33, has been living at the Mountain View Quaker meeting house in Denver since the end of November.

She sought sanctuary at the church after learning she could be deported last fall. The mother of two, from Peru, used false papers to work at an area nursing home.

LaTorre requested a deportation stay Nov. 24 with Immigration and Customs Enforcement (ICE) but still hasn’t received one.

“I am doing this to not only stop my own deportation, but also to raise awareness that there are thousands of others like me – people whose only offense was to work and pay into the social safety net, and whose only desire is to live safely with our families,” LaTorre told Denver7 last year.

Like Vizguerra, LaTorre has children who were born in the U.S. and are American citizens.

And Mountain View is one of nine churches statewide currently participating in a sanctuary network, though officials hope to eventually increase that number to about 60.

“We’re mostly feeling to respond to the human situations of families being broken up, parents with citizen children, and are in general a recognition of the very positive role that immigration plays in our nation’s history,” said Eric Wright, an activist working to expand the sanctuary network.

The Washington Post reports that the nationwide sanctuary network has expanded to about 800 participating churches and community centers over the past year.

Since President Donald Trump issued an executive order aiming to deport some of the millions of undocumented immigrants living in the U.S. illegally last month, ICE agents have arrested hundreds of people nationwide — some of whom have committed minor offenses, like Vizguerra and LaTorre, but others without criminal records.

LaTorre says she is staying in sanctuary for her family’s sake.

“We cannot stand idly by and let our government threaten the integrity of families,” a spokesman for Mountain View, David Poundstone, told Denver7. “We feel called upon to engage in civil initiative to invoke the tradition of sanctuary to protect those under threat of harm.”

Vizguerra’s attorney, Hans Meyer, and staffers from Rep. Diana DeGette’s office visited with her at First Unitarian Thursday.

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Undocumented Colorado mother of 3 U.S. citizens on deportation fight: ‘It will not end today’

DENVER — The fight of one undocumented mother living in Colorado escalated Wednesday after she fled to a Denver church to avoid immigration officials who are now seeking to deport her.

“It will not end today,” Jeanette Vizguerra proudly said to the applause of her supporters. She spoke in her native tongue of Spanish to explain why she is fighting to remain in the U.S., despite efforts to deport her. Continue reading

Colorado Sen. Cory Gardner talks Flynn resignation, new administration, ‘paid’ protests in interview

DENVER – Colorado Sen. Cory Gardner has been among the most-scrutinized politicians in Washington in recent months.

Gardner is a Republican in a state won by Hillary Clinton, but which has strong Republican and independent factions as well. But he has drawn the ire of many Coloradans after voting in favor of President Donald Trump’s nominees and measures every chance he’s had so far, and caused a stir with a comment about protesters at his offices in Colorado being paid.

Gardner on Tuesday sat for an interview with Denver7 to explain his voting record with the new administration, his thoughts on the protests and the fallout from National Security Adviser Michael Flynn’s resignation Monday night.

Watch the full interview in the player embedded below.

GARDNER ON FLYNN’S RESIGNATION

Gardner had not previously commented publicly on swirling allegations that Flynn had discussed sanctions on Russia with its ambassador to Washington, Sergey Kislyak.

But on Tuesday, in the wake of Flynn’s Monday resignation, Gardner said it was right for Flynn to step aside.

“The right thing happened with General Flynn stepping down. That’s the right decision he made and right for the country,” Gardner said. “But I also think it’s important to recognize that the intelligence committee, which is already carrying out an investigation into Russian hacking and other activities with Russia, is going to be looking into the matter of General Flynn.”

He said that he would wait for the FBI to determine the route of any possible further investigations into Flynn. That came as several other high-ranking Republican Senate members called for an investigation into ties between Trump and Russia and called for Flynn to testify.

“Every administration has the ability, the right, to choose their personnel – particularly their national security adviser,” Gardner told Denver7. “I disagreed with the [national security adviser] from time to time under the last administration. But I think what we have to do is find out the facts here, learn from the FBI what exactly happened, and make our decisions going forward.”

GARDNER ON HIS CONFIRMATION VOTES

Gardner maintains that Democrats on the Hill are causing much of the political divide by objecting to and delaying some of the new administration’s confirmations.

“This is unprecedented levels of political obstruction in the Senate,” Gardner told Denver7. “So far, all that we’ve been allowed to do, thanks to unprecedented levels of obstruction, is try to do the basic job of filling out a cabinet for this president.”

And though several Senate committees delayed committee votes on some of the cabinet picks and Democrats used Senate rules to hold the floor for nearly 24 hours in an effort to vote down Betsy DeVos as Education Secretary, the GOP line that there is “unprecedented obstruction,” which has also been used by many other Senate Republicans, does not completely hold water.

After Republicans won back the House and Senate, they in 2013 boycotted a committee vote on prospective EPA administrator Gina McCarthy and famously failed to meet with President Obama’s Supreme Court nominee, Merrick Garland.

But all of President Trump’s nominees have so far been confirmed, and that is likely to continue since Republicans hold majorities in both chambers of Congress.

Gardner says he has a positive outlook on the administration’s future.

“Regardless of what party people are, regardless of whether they voted for President Trump or voted for Hillary Clinton, we would always do our best to make sure our days ahead of us are better than the ones we just went through,” he said.

GARDNER ON OPPOSITION

Thousands of people displeased with Gardner’s votes and alignment with President Trump have flooded his phone lines and email inboxes voicing their lack of satisfaction. They have also taken to his offices in Colorado to protest.

“I want to hear from you. I continue to encourage my constituents to reach out to me to share their opinions – whether through meetings, phone calls, email, or social media,” Gardner said in a statement to Denver7 Monday.

On Tuesday, he addressed the insinuation he made last month that some people protesting him and calling his office were paid protesters. He clarified that he believes there are organizations that are working to connect politically-active people across the country with various lawmakers in Washington, citing a conversation his wife had with one organization.

“We have a number of Coloradans – a large percentage, if not a huge percentage of the people calling our office who are Coloradans. [They are] people who are concerned about nominations, people who are concerned about the price of their health care,” Gardner said.

“But we do have people from out of state calling the office. In fact, just the other day, my wife was contacted by an organized survey effort. She answered the survey and was immediately connected to my very own office.”

“She was not paid to do that, but somebody was paid to make that connection happen not knowing that was my wife,” Gardner said.

He says he and his staff appreciate the input from his constituents, and points to his and other Republicans’ urging of Trump to impose a strict policy toward Russia and increase cybersecurity.

“I’ve always said we need more Colorado in Washington and less Washington in Colorado. When somebody reaches out to the office, I take every one of those concerns seriously,” Gardner said. “Somebody may want you to vote ‘yes;’ somebody may want you to vote ‘no;’ and obviously if you vote ‘yes’ when somebody wants you to vote ‘no,’ that means someone feels like their voice wasn’t heard. But the bottom line is every single one of their voices matter.”

Gardner will next be up for re-election in 2020.

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Afghan translator now in Denver vetted for 2 years before special visa was approved

DENVER – President Donald Trump’s executive order temporarily barring some immigrants and refugees from predominantly-Muslim nations has created confusion among those affected by the order and lawyers and government officials tasked with upholding it.

Lawyers and Trump administration officials worked through the weekend to figure out exactly to whom the ban applies. Continue reading

Denver college student from Libya sues Trump administration over executive order

DENVER – A Muslim Colorado college student on Tuesday joined a growing list of people in various states who are suing the Trump administration over an executive order that temporarily restricts refugees and other immigrants from the U.S.

Zakaria Hagig, 24, who is originally from Libya but is legally studying business full time at Community College of Denver, had the suit filed on his behalf in U.S. District Court of Colorado Tuesday morning. Continue reading

Hundreds of potential Colorado refugees, immigrants affected by Pres. Trump’s executive order

DENVER – Hundreds of people projected to come to Colorado this year will be affected by President Trump’s executive order barring refugees and people with visas from certain predominantly-Muslim countries.

The Colorado Department of Human Services projected in a report released in the past few months that a total of 2,195 refugees will arrive to Colorado in Fiscal Year 2017, which runs from October 2016 through September 2017. Continue reading