GREELEY, Colo. -- A judge ruled Monday that Weld County authorities were wrong to seize records from a tax office to pursue identity theft cases against illegal immigrants.

District Court Judge James Hiatt has ruled in favor of the American Civil Liberties Union in its lawsuit against District Attorney Ken Buck and the Weld County Sheriff's Department. Hiatt ordered Buck and the sheriff's department to destroy all of the evidence they've seized in the next seven days.

Weld County authorities say that as many as 1,300 immigrants were filing tax returns using false or stolen identities. Some defendants have already pleaded guilty to charges of identity theft and criminal impersonation.

But immigrant advocates said the people charged were doing nothing wrong.

The ACLU filed a lawsuit that said the seizure of thousands of documents from a Greeley tax preparer's office was illegal because they are protected by federal confidentiality laws. Weld County authorities said the records were never in the possession of the IRS and are therefore not confidential.

Immigrant advocates said the people charged are being punished for doing what the law requires them to do -- pay taxes. Regardless of legal status, people who earn income in the U.S. are required to pay taxes.

The paper and electronic records were seized from Amalia's Translation and Tax Service in Greeley. Amalia Cerillo, owner of the tax service business, testified during the trial and told the court her business has been greatly impacted by last fall's raid, when investigators removed 5,000 hard copy files from her office.

Buck said the defendants were breaking the law by being in the country illegally in the first place.

District attorney's spokeswoman Jennifer Finch said those who have already pleaded guilty to identity theft can receive a four-year suspended prison sentence if they comply with deportation proceedings.

It's unclear what the status of their cases will be if the evidence against them is tossed out.

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