Colorado Politics

State rep wants lawsuits, arrest for leaders in Colorado sanctuary cities

Republican state Rep. Dave Williams of Colorado Springs wants to open up civil and criminal court for sanctuary city leaders “who care more about illegal aliens than protecting the people they are supposed to serve.”

If an undocumented immigrant does harm because of weak government policies, a victim could sue or some investigatory agency might bring charges, under Williams’ proposal.

Dose of reality: This bill is deader than Abe Lincoln’s cat in the Democratic-led House, where it would be introduced. The bill isn’t even filed yet, and the House State, Veterans and Military Affairs Committee – the aptly named “kill committee” – is probably digging a grave for it. Democrats have a 6-3 advantage on the committee. This is DOA.

The committee hearing, however, will go for hours and become a grandstand for both sides to make philosophical points about illegal immigration.

“I think it’s important that we do all we can to uphold the rule of law and ensure all communities, regardless of race or ethnicity, are protected from dangerous policies that are forced on us by radical, out-of-touch politicians who continually sell out to an unlawful agenda that increases the number of criminals, and needless deaths among our fellow citizens” Williams said in a statement.

He issued a press release saying he was responding to Mayor Michael Hancock, who said Denver would not carry out federal immigration policies for the Trump administration. Williams’ press release said Hancock had asserted that Denver would “continue to act above the law by continuing their dangerous and lawless sanctuary city policies.”

“It’s beyond any reasonable thought as to why the Democrats, along with Mayor Hancock, would continue to not only act outside the law, which they swore to uphold but also enjoy immunity from their reckless decision to place Coloradans in danger because of the sanctuary city policies that they created and continue to implement,” Williams said.

He cited three criminal cases involving undocumented immigrants as “stories that show the carnage that has been inflicted on Colorado communities by politicians who adopt sanctuary city policies.”

His bill faces legal questions, however. The U.S. Constitution and federal precedent side with sovereign immunity, the inability to sue the government.

In 2005 the U.S. Supreme Court ruled in a Douglas County case that police could not be sued for failing to enforce a restraining order. In the case, Jessica Gonzalez called Castle Rock police urging them to retrieve her children from her estranged husband. He had called to say he and their three children were at Elitch Gardens in Denver.

Instead, Simon Gonzales arrived at the police station firing at the building until he was shot dead.  He had shot the three children, ages 7, 9 and 10, who were inside his truck.

The justices ruled, 7-2, that the cops couldn’t be sued for failing to do their jobs and retrieve the kids earlier.


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