Volunteer Snezanna Singleton, left, enters information into a computer to help Venezuelan immigrant Carolina Gonzalez begin the work permit process at a local hotel in Denver on February 5. Douglas County sued the state of Colorado on Monday over recently passed laws. It prohibits local governments within the state from cooperating with the federal government on immigration issues. (Photo by Helen H. Richardson/Denver Post)
Douglas County filed a lawsuit Monday against the state of Colorado, alleging that two laws that prohibit local governments from cooperating with the federal government in immigration enforcement violate the state constitution.
The lawsuit, which other conservative counties are considering joining, targets legislation passed by the Legislature and signed by Gov. Jared Polis in recent years. The lawsuit names Polis as a defendant and says the 2019 and 2023 state laws trample on the ability of local governments to cooperate or contract “with each other or with the government of the United States,” guaranteed by Article 14 of the Colorado Constitution. claims.
“The state prohibits local governments from cooperating with the federal government, and we want them to be able to do so again,” County Attorney Jeff Garcia told The Denver Post.
The complaint, filed in Denver District Court, also alleges that the bill violates the “distribution of powers” clause of the state constitution. One of the laws prohibits probation officers from sharing personal information about individuals with federal immigration authorities, which the complaint says is an unlawful intrusion by the Legislature into judicial branch matters.
It's the latest move by wealthy metropolitan Denver County, a pioneer in pushing back against Colorado's immigrant-friendly approach to managing the ongoing border crisis. Nearby Denver has seen nearly 41,000 migrants, many from Venezuela, arrive since the end of 2022.
Earlier this month, Douglas County commissioners passed an ordinance prohibiting commercial vehicles from dropping people off in the county without notice. The move is a response to more than a year of influx of migrants into Denver from cities near the southern U.S. border.
“In Douglas County, we lead with compassion, but we must prioritize those who came here legally,” Commissioner Abe Leydon said. “We are firmly protecting our people and our quality of life.”
The city of Denver is spending nearly $70 million to support new arrivals, and officials have been asked to reduce hours at recreation centers and Department of Transportation offices for months this year as a budget-saving measure. After the city adjusted its budget projections for the cost of immigrant assistance, Mayor Mike Johnston announced last week that he expects those cuts to be reversed this spring and summer.
The Douglas County lawsuit specifically targets House Bill 19-1124, which prohibits police and sheriff's deputies from detaining illegal immigrants only in response to a detention request from U.S. Immigration and Customs Enforcement. It also targets House Bill 23-1100, which would further prohibit state and local governments from entering into or renewing contracts with federal immigration authorities to detain people suspected of violating civil immigration law.
Raquel Lane Arellano, communications manager for the Colorado Immigrant Rights Coalition, told the Post last month that immigrant advocates are “alarmed and concerned” by how some communities, such as Douglas County, are approaching immigration issues. “I'm doing it,” he said.
“When law enforcement partners with ICE, it creates a lot of fear in the immigrant community,” she says. “This sends a chilling message to all immigrants in our community.”
The county announced its intention to sue the state in March. Officials were scheduled to hold a press conference at 10 a.m. Monday in Castle Rock to formally announce the lawsuit.
Garcia said eight Colorado counties have contacted Douglas County and expressed interest in how the county plans to challenge state law on immigration policy. Last week, the Gazette reported that the El Paso County Board of Commissioners voted unanimously to join the Douglas County lawsuit, saying it aims to keep the community safe “especially from illegal immigrants who commit violent crimes.” It was reported.
As Douglas County's first Latino commissioner, Leydon said he recognizes “the plight of people seeking asylum.” But he said the county's responsibility is to “residents who are already here legally.”
“Bankrupting the state on the backs of people who are here legally creates an intolerable situation for everyone, including immigrants,” he said.
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