Colorado Politics

Federal judge dismisses U.S. government lawsuit against Colorado, Denver’s ‘sanctuary’ laws

A federal judge dismissed the U.S. government’s lawsuit against Colorado and Denver on Tuesday, which alleged that various local policies impermissibly infringed on federal immigration enforcement.

U.S. District Court Judge Gordon P. Gallagher followed the lead of judges in Illinois and New York, who recently rejected similar claims by the federal government. Although the Colorado defendants asserted multiple grounds for dismissing the case, Gallagher addressed one: Compelling Colorado and Denver to take part in federal immigration enforcement would violate the 10th Amendment.

“Plaintiff seeks to usurp control over Colorado and Denver officials by dictating what the officials can and cannot do,” wrote Gallagher in a March 31 order. “The Federal Government does not have the power to direct the Colorado legislature or Colorado state and local officials in such a fashion.”

The lawsuit alleged Colorado and Denver preempted the federal government’s ability to carry out immigration enforcement, according to 9News. It challenged the constitutionality of several state laws that limit local law enforcement’s ability to enforce immigration law and to share information with U.S. Immigration and Customs Enforcement. The litigation also challenged a Denver ordinance restricting ICE’s ability to enter jails to interview people without a judicial warrant.

Broadly speaking, a “sanctuary city” refers to local policies that limit or prohibit cooperation with federal immigration authorities. Both the Colorado government and the city of Denver have adopted such laws, though political leaders insist neither the state nor the municipality is a “sanctuary” jurisdiction.

The lawsuit was one of multiple that the U.S. Department of Justice filed in Democratic-controlled jurisdictions.

Last July, a federal judge in Illinois called the litigation an “end-run around the Tenth Amendment,” which allows states to exercise powers not constitutionally granted to the federal government.

In November, a New York judge similarly dismissed a case, reasoning the federal government’s argument would “deprive New York of its essential ability to protect its sovereign interests in the face of undue federal interference.”

Gallagher, a Joe Biden appointee, likewise agreed that the U.S. Constitution did not empower the federal government to require states to assist in immigration enforcement, although voluntary cooperation remains on the table.

“Therefore, it is clearly established that Congress does not have the power to dictate the allocation of state resources, such as by compelling states to bear the cost of enforcing a federal regulatory program,” he wrote. “Plaintiff’s claims seek to effectively mandate Colorado expend state resources to implement the federal immigration scheme.”

The Justice Department did not immediately respond to a request for comment.

“This lawsuit by the Trump administration was a straightforward attack on Colorado’s sovereignty. The 10th Amendment protects states’ rights to make our own decisions about how our personnel protect public safety,” said Attorney General Phil Weiser in a statement. “Today’s court ruling is a win for public safety and a win for Coloradans’ rights. The Trump administration needs to stop singling out Colorado for punishment.”

“Denver will always stand for safe communities and accountable government,” said Denver Mayor Mike Johnston. “Today’s ruling makes clear that we cannot be required to use local resources to enforce federal policies. And instead of being bullied by President Trump, we will continue to do what we do best in making our neighborhoods safer, strengthening trust with the community, and delivering for Denver families.”

Gallagher’s order comes weeks after a different judge in Colorado, R. Brooke Jackson, blocked the U.S. Department of Agriculture from requiring the state to perform a rapid recertification of food assistance beneficiaries in five counties. Among other things, Jackson found the agriculture secretary lacked the authority to compel participation in the sudden “pilot project.”

The case is United States v. State of Colorado et al.

9News, a partner of the Gazette newspapers, contributed to this article. For this and similar stories, please visit 9news.com.


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