Denver’s top immigration enforcement official, Robert Guadian, has been reassigned to Virginia effective October 8, 2023. This change comes during a significant restructuring within the Immigration and Customs Enforcement (ICE) agency, which has faced scrutiny over its practices in detaining undocumented immigrants. Guadian confirmed his reassignment while testifying remotely in federal court regarding a lawsuit challenging ICE’s enforcement tactics in Colorado.
During his testimony, Guadian stated that he will now serve at ICE’s field office in Virginia, which also oversees operations in Washington, D.C. His reassignment was part of a broader reshuffle of approximately a dozen ICE field directors initiated by the Trump administration and the U.S. Department of Homeland Security. The personnel changes are expected to include both ICE and Customs and Border Protection officials, a move that may signal a more integrated approach to immigration enforcement.
The decision to reassign Guadian follows ongoing legal challenges to ICE’s operations in Colorado. A coalition of law firms, including the American Civil Liberties Union (ACLU) of Colorado, filed a lawsuit in October 2023, alleging that ICE has increasingly conducted warrantless arrests without probable cause. The case highlights concerns regarding the agency’s practices, particularly its surge in arrests and the indefinite detention of immigrants.
During the hearing, Guadian defended ICE’s actions, asserting that the agency focuses on “the worst of the worst,” referring to individuals deemed threats to public safety. He maintained that while there have been instances of warrantless arrests, they are legally justified and less common than targeted operations against criminal immigrants.
Several former detainees provided testimonies during the court proceedings, recounting their experiences with ICE. Among them was Refugio Ramirez Ovando, a Grand Junction father who described the emotional toll of his detention on his family. Ramirez, who had lived in the United States for 20 years, was arrested while on his way to work in May 2023. Despite being told by ICE agents that he was not the individual they were seeking, he was taken to the Aurora Detention Center. His family reportedly faced significant financial and emotional hardships during his detention, which lasted over three months.
Ramirez testified through an interpreter, sharing that he is the sole provider for his family. His detainment led to a financial crisis, forcing them to borrow money and sell their truck to make ends meet. The stress of his arrest also affected his children’s mental health, resulting in diagnoses related to the trauma they experienced.
The lawsuit aims to challenge ICE’s methods, seeking a court declaration that its practices are unlawful. The plaintiffs have requested that ICE must demonstrate that individuals represent a flight risk before detaining them indefinitely. The hearing is ongoing, and its outcome could have significant implications for ICE’s operations in Colorado and beyond.
Data analyzed by The Denver Post indicates that a majority of immigrants arrested by ICE have no prior criminal convictions. Furthermore, the proportion of those with criminal backgrounds has decreased as the agency has intensified its enforcement efforts. Current statistics reveal that approximately 70% of detainees at the Aurora facility are categorized as “non-criminal.”
This reassignment of Guadian and the ongoing legal challenges reflect the contentious landscape surrounding immigration enforcement in the United States. As the situation evolves, the implications for both ICE’s policies and the lives of those affected remain critical areas of concern.
The Associated Press contributed to this report.
