Two conservative Colorado counties filed a lawsuit Monday against the state over its “sanctuary” policies, claiming they prioritize the rights of illegal immigrants at the expense of community safety.
El Paso and Douglas counties claim that a 2023 statute that does not allow local law enforcement to work with federal authorities on illegal immigration crackdowns is unconstitutional.
They also cite a 2019 statute that blocks police from arresting or detaining an illegal immigrant solely on the basis of a federal immigration detainer and claim it exposes legal residents to violent crime that may be committed by someone in the country illegally.
“It is the position of the county commissioners in this lawsuit that that is a violation of the Colorado Constitution, and it is our intent to bring suit specifically to address the illegal immigration crisis now present in this country,” George Teal, chairman of the Douglas County Board of Commissioners in a press conference posted on YouTube announcing the litigation.
Commissioners and sheriffs from Douglas and El Paso counties united to sue Colorado in the 13-page lawsuit.
“The nation, the state, and local governments need to cooperate and share resources to address this crisis,” it said. “Colorado House Bills 19-1124 and 23-1100 prohibit the necessary cooperation and create dangerous conditions for the State and migrants.”
The lawsuit said the two laws are “illegal and unconstitutional” because they violate the Colorado Constitution’s provisions on intergovernmental relationships and distribution of powers, according to the Denver Gazette.
“The state has prohibited local governments from cooperating with the federal government, and we would like the ability to cooperate back again,” County Attorney Jeff Garcia told the Denver Post.
The lawsuit is the latest move by Denver-area counties to push back on the city’s immigrant-friendly approach. More than 41,000 migrants have come to Denver since 2022. The mass migration has strained city resources and forced leaders to make deep budget cuts.
Douglas County commissioners passed an ordinance in early April prohibiting Denver from dropping off undocumented workers in their county. If they are caught doing so, the buses will be fined and/or seized.
The measure, greenlighted in just 30 minutes by Douglas County commissioners, comes as Denver, a self-described sanctuary city, has been stretched thin of resources to help the influx of 40,000 immigrants who have come to the city over the past 15 months lacking basic needs, such as food, water, and shelter.
Denver Mayor Mike Johnston, a Democrat, announced last week he would be slashing $45 million from city agencies, including the police, to help fund a program that would give 1,000 asylum-seekers
six months of help with housing, food, clothing, schooling, and job training that he called a “long-term, sustainable” solution.
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The Denver Police Department budget would be cut by approximately 1.9%, or $8.4 million, mostly from not hiring any new recruits for open positions. The city will also cut $2.5 million from the fire department’s budget.
Calls to the governor’s office for a comment on the lawsuit were not returned.