El Paso County could join a lawsuit against the state of Colorado, challenging laws that stop local governments from cooperating with the federal government in certain matters of immigration.

The Board of El Paso County Commissioners at its regular meeting Tuesday will consider a resolution authorizing litigation against the state. If approved, the county would officially object to two state bills passed in 2019 and 2023 that prohibit local law enforcement, including the El Paso County sheriff, from arresting or detaining individuals based on a civil immigration detainer.

The laws also prohibit probation officers from providing migrants’ identifying information to federal authorities, and ended the ability for local law enforcement to enter into agreements with U.S. Immigration and Customs Enforcement to detain individuals in their jails. Teller County has one such agreement, but Teller County Sheriff Jason Mikesell last summer said state laws won’t hinder his county’s cooperation with ICE.

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Colorado’s laws “are illegal and unconstitutional as they violate the Intergovernmental Relationships; Distribution of Powers; and Revival, Amendment or Extension of Laws provisions of the Colorado state constitution and are otherwise preempted by federal immigration laws and regulations,” a draft resolution included with El Paso County commissioners meeting documents states.

If El Paso County’s five-member board votes to approve the resolution Tuesday, the county intends to join the lawsuit Douglas County is filing against the state that challenges the laws.

“The Board (of El Paso County Commissioners) and the El Paso County sheriff wish to join the litigation in support of Douglas County, in order to protect the citizens of El Paso County,” the draft resolution states.

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El Paso County and Colorado Springs have both recently approved separate symbolic resolutions declaring El Paso is not a sanctuary county and Colorado Springs is not a sanctuary city for undocumented immigrants crossing the United States’ southwest border.

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County commissioners and a city councilman on the last day of January called a press conference to admonish the state and federal government for lack of action in stemming illegal immigration. The event was called after reports that a busload of immigrants had arrived in Colorado Springs from Denver and were staying at the Salvation Army’s Family Hope Center, the city’s only homeless shelter for families.

Colorado Springs has not seen the influx of new immigrants such as Denver has, Andrew Notbohm, regional emergency management and recovery director for the Pikes Peak Regional Office of Emergency Management, has said.

County commissioners and Colorado Springs City Councilman Dave Donelson have criticized the regional emergency management office’s broad plan that will guide the city’s response if a “significant” number of immigrants crossing U.S. borders come into the city. The “City of Colorado Springs Migrant Response Framework,” dated Feb. 26, is not intended as a strategic plan but instead is a basis from which the city can develop a plan, Notbohm previously said.

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Colorado Springs Chief of Staff Jamie Fabos said in late February the document was produced solely for the city and El Paso County is not currently part of the planning effort. 

El Paso County commissioners meet Tuesday at 9 a.m. at Centennial Hall. The meeting agenda and related documents are available online at agendasuite.org/iip/elpaso/meeting/details/1878.

The meetings are also streamed on the county Facebook page at facebook.com/ElPasoCountyCO.