Two counties south of Denver have filed a lawsuit Monday against the state of Colorado over “sanctuary” statutes that restrict local law enforcement officials from working with federal authorities on illegal immigration, arguing they are unconstitutional and preempted by federal laws.

The lawsuit filed by El Paso and Douglas counties targets a 2023 law that restricts the ability of state and local governments from making agreements with federal immigration officials on the detention of immigrants who are unlawfully staying in the country, as well as a 2019 statute that blocks local law enforcers from arresting or detaining an immigrant solely the basis of a federal immigration detainer.

Current Colorado laws also prevent state judicial officials from sharing information with federal immigration officials.

“The nation is facing an immigration crisis,” the complaint said. “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.”

The lawsuit said the two laws are “illegal and unconstitutional” because they violate the Colorado Constitution’s provisions on intergovernmental relationships and distribution of powers. They are also preempted by federal immigration laws and regulations, the lawsuit added. 

 Other counites are potentially interested in joining the lawsuit, according to Douglas County commissioners who spoke at a news conference on Monday morning.

Douglas County has distanced itself from Denver, which also “sanctuary” laws and is poised to spend $90 million this year to feed, house and transport the immigrants who traveled to the city after illegally crossing the southern border with Mexico.

Some 40,000 immigrants from South and Central America have arrived in Colorado’s most populous city over the past 16 months, and as many as 20,000 might have decided to stay. 

Surrounding local governments, including Douglas County but also Aurora and Colorado Springs, have positioned themselves in stark contrast from Denver, saying they cannot afford to care for the immigrants.    

Earlier this month, Douglas County commissioners unanimously voted to approve an ordinance that takes aim at Colorado’s “sanctuary” laws by prohibiting commercial vehicles from making unscheduled stops in unincorporated Douglas County to drop off immigrants. Commercial drivers who violate the new ordinance could face a fine of up to $1,000 per passenger, in addition to vehicle seizure.

Douglas County Sheriff Darren Weekly called the state laws “absolutely ridiculous.”

“It’s unfair to the migrants on how this is all happening,” he said Friday. “They’re being promised things that we can’t deliver on.”

Calling it a public safety issue that “affects everybody,” Weekly added, “For us to be restricted and have our hands tied, to say we can’t communicate legitimate information to the feds, or hold information that could be dangerous to our community, it just does not make sense.”

The Denver Gazette reached out to Gov. Jared Polis, who is named in the lawsuit, for comment.

“The Governor’s Office will not comment on pending litigation,” a spokesperson for Polis said.

This story is developing and will be updated. Denver Gazette reporter Sage Kelley contributed to this story.