By BRIAN PORTER | The Rocky Mountain Voice
Elected commissioners and sheriffs in two central Colorado counties announced today they are suing Gov. Jared Polis and the State of Colorado related to Democrat-supported sanctuary state policies, which law enforcement has complained leaves it powerless to address illegal immigration.
“There is an illegal immigration crisis in America,” Douglas County Commissioner George Teal said in a statement. “We have been proactive, taking steps to mitigate the crisis here in Douglas County. What has been missing is the ability of our local law enforcement agencies to work with immigration officials. This is what we seek to solve through this legal action.”
In fact, Douglas County claims it is the seventh step taken “to protect health and safety amidst the national migrant crisis.”
Many county governments and sheriffs complain two pieces of state legislation set up sanctuaries: HB 1124 in 2019 and HB 1100 in 2023. The bills prohibited law enforcement from arresting and detaining illegal immigrants, prohibit state judicial officials from sharing information with federal immigration officials, and prohibit local governments from entering into agreements with the federal government for immigration enforcement, the lawsuit reads.
The solution to the immigration crisis, according to the plaintiffs, is more cooperation and sharing of resources, not to have restrictions placed upon law enforcement. The lawsuit alleges the two bills, signed by Polis, “are illegal and unconstitutional,” citing a variety of reasons.
The two sheriffs named as plaintiffs are Douglas County Sheriff Darren Weekly and El Paso County Sheriff Joseph Roybal.
“The most critical role of government is to protect its citizens,” Weekly said in a statement. “I believe this action is absolutely necessary to allow law enforcement to work with our federal partners to help keep all of Colorado safe.”
The basis of the lawsuit involves four claims, all based upon the unconstitutionality of the bills:
- Both HB19-1124 and HB23-1100 violate the Intergovernmental Relationships Provision of the State Constitution, which prohibits laws that prevent local governments from cooperating/contracting with the federal government.
- HB19-1124 violates the Separation of Powers Provision of the State Constitution because the legislature is directing judicial employees.
- Both HB19-1124 and HB23-1100 violate constitutional amendment publication requirements that require publication of laws being affected by a statute to prevent confusion.
- HB19-1124 is preempted by federal immigration law in violation of the U.S. Supremacy Clause, which prohibits state laws from violating federal law.
An estimated 40,000 illegal immigrants have arrived in Denver within the past 1-1/2 years, but is is unclear how many illegals may call the state home.
Gov. Jared Polis has not yet responded to the suit.