Sanctuary city bill aimed at Denver, Aurora and Boulder killed in committee
House Democrats predictably killed a Republican bill to hold elected officials responsible for crimes committed by undocumented immigrants in a sanctuary city.
The State, Veterans and Military Affairs Committee heard six hours of testimony that swung from anger toward undocumented immigrants to a defense of them and human rights. Opponents saw the bill as a step toward stop-and-frisk policies to force people of color to prove their citizenship.
If the bill had passed, an elected official in Colorado could have been arrested for how he or she voted on a policy, or face a civil lawsuit from crime victims or their families.
The legislation was dismissed in the Capitol as overly broad, unworkable and probably unconstitutional, but it brought national attention to its sponsor, freshman Rep. Dave Williams of Colorado Springs.
“It’s pretty obvious this bill violates the U.S. Constitution,” said Denise Maes, public policy director for the American Civil Liberties Union of Colorado. “Fourth Amendment rights are fundamental foundations of our democracy, and this bill is contrary to that.”
The County Sheriffs of Colorado was among the government groups that opposed the bill.
Maes said the bill would drive undocumented residents further into the shadows when they are victims or witness to crime, for fear that coming forward means being deported.
“This bill disregards the Fourth Amendment. It attempts to trample on our due-process rights,” she said. “It lacks human decency and it is in complete disregard for the safety of our community and our vulnerable children.”
Williams rejected testimony that said the policy was racist.
Williams has identified himself as the first Latino representative of House District 15.
“You’re well aware that a week ago I addressed that very issue,” Williams said in his closing close to midnight. “I do apologize that my name is not David Sanchez. I am a Latino, and this is not based in racism.”
Republican lawmakers in three other states are considering similar bills. Williams said during the hearing that he will be part of pushing federal legislation, as well.
Williams called House Bill 1134 the Colorado Politician Accountability Act. He recounted stories of violence by undocumented residents against citizens and noted that there are local governments that “flaunt” federal immigration laws.
“As elected officials we have the ability to create policy and walk away if that policy somehow endangers or harms individuals,” he told the committee.
Williams had the families of people who had suffered at the hands of undocumented residents testify on the bills.
Dawn Keller of Centennial lost her 19-year-old son, Cole, to a drug overdose in August and blamed undocumented residents for bringing drugs from Mexico and selling them on the street.
“Whatever forms need to be done, we need to do it,” she said of changing public policies that allow undocumented residents to remain. “They want no good for us and they’re non-citizens … We don’t want you. If you contribute to society, great, we’re glad to have you. If you don’t, go home.”
Former U.S. Rep. Tom Tancredo, a national leader in the move for tougher immigration enforcement, said all local leaders have to do is enforce the local law to the fullest extent, and not a “benign approach.”
“If ICE doesn’t do its job we can complain about them for that all day long.” he said. “… Everyone needs to do what they’re responsible for.”
Democrats challenged Tancredo and Williams on what they would consider to be a sanctuary city and the policies that constitute such a designation.
Williams said he considered Denver, Boulder and Aurora to be sanctuary cities, because he alleged they don’t work with federal authorities responsible for enforcing immigration policy.
Rep. Mike Foote, D-Lafayette, a deputy Boulder County district attorney, questioned the constitutional problems, as well, citing a unanimous Supreme Court decision that said elected officials could not be held liable for the results of public policy decisions.
“Basically, you’re criminalizing how an elected official votes,” Foote said to Williams.
He closed the evening by saying, “This is an inflammatory bill and it wasn’t well vetted before it was introduced. It’s unconstitutional in at least three areas.”
Rep. Steve Humphrey, R-Severance, voted for the legislation, saying, “It’s not a perfect bill, but it’s an important conversation to have.”
Williams quoted his bill drafter, “We’re treading on new ground here.”
He didn’t tread long. The bill died on a 6-3 party-line vote, and one of the votes for it was Williams’.

