Conservative Colorado counties sue to hand over immigrants to ICE

DENVER (CN) — Two conservative counties sued Colorado in Denver County court on Monday seeking to overturn two laws that block local law enforcement from working with U.S. Immigration and Customs Enforcement.

“It is our intent to bring suit specifically to address the illegal immigration crisis now present in this country,” said George Teal, chair of the Douglas County Board of Commissioners in a press conference announcing the litigation.

Commissioners and sheriffs from conservative Douglas and El Paso counties united to sue Colorado and Governor Jared Polis, a Democrat, in a 13-page lawsuit filed in Denver on Monday.

To date, the city and county of Denver has spent an estimated $120 million to house more than 40,000 migrants, mainly from Venezuela, who were bussed to Colorado from Texas over the last year.

Teal blamed federal policy for letting unprecedented numbers of migrants into the U.S., along with two recently enacted state laws that prevent local sheriffs from simply sending immigrants in the U.S. illegally over to ICE.

“Federal policies along the southern border have resulted in an unlimited stream of illegal immigrants into our communities and we see it as the duty of the county to push back against these state laws that limit local authority to keep our communities safe,” Teal said.

During his tenure, Polis signed two bills barring local governments from helping the feds on immigration cases: HB19-1114, Protect Colorado Residents From Federal Government Overreach, and HB23-1100, Restrict Government Involvement in Immigration Detention.

The 2019 law blocks local law enforcement from arresting individuals based on their immigration status and further bans local courts from sharing information with federal immigration agencies.

Although local cops are barred from working with ICE, many still regularly — and legally — collaborate on safety issues with other federal agencies including the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Secret Service, the Drug Enforcement Agency and the Federal Bureau of Investigation.

"The nation is facing an immigration crisis,” the plaintiffs claim in the lawsuit. “The nation, the state, and local governments need to cooperate and share resources to address this crisis. Colorado House Bills 19-1124 and 23- 1100 prohibit the necessary cooperation and create dangerous conditions for the state and migrants."

In addition to violating the U.S. Constitution’s supremacy clause, the counties claim the Colorado Constitution’s intergovernmental relationships clause and distribution of powers override the recently enacted laws.

While Denver is tightening the support offered to new arrivals, the city continues trying to live up to the ideals of being a “sanctuary city.” Democratic Mayor Mike Johnston hopes to allocate $90 million of city money to support the new Denver Asylum Seekers Program next year. Johnston hopes at least half the funds can come from cutting the city budget elsewhere.

At the same time, Douglas, El Paso and other local governments have enacted policies aiming to deter immigrants from crossing their boundaries.

“This is about putting America first and putting Coloradans first,” said Douglas County Commissioner Abe Laydon in a conference, echoing a slogan popularized by former president Donald Trump.

“I’m the first elected Latino commissioner in Douglas County, I understand the plight of those seeking refuge and asylum here in the United States,” Laydon said. “Douglas County is a great place to be, but Douglas County is a place where quality of life comes first and we want to prioritize the lives of the people who were here first.”

The counties ask the court to declare the state laws unconstitutional.

The state attorney general’s office declined to comment.

The case has been assigned to Second Judicial District Judge David Goldberg, appointed by Democratic Governor John Hickenlooper in 2015.

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