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Counties Sue Colorado To End ‘Unconstitutional’ Sanctuary Laws

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Jason Hopkins Contributor
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Two Colorado counties filed a lawsuit that challenged the state’s sanctuary laws, arguing that they are unconstitutional and are exacerbating the state’s immigration crisis.

Attorneys from El Paso and Douglas Counties, both localities which sit south of Denver, filed a lawsuit on Monday that seeks to strike down two Colorado sanctuary city laws that largely impede on local officials’ ability to work with federal immigration authorities. Both laws – House Bill 19-1124 and House Bill 23-1100 – were signed by Democratic Gov. Jared Polis, a major critic of Immigration and Customs Enforcement (ICE), in recent years. (RELATED: Number Of Migrant Encounters At Southern Border Hits New January Record)

El Paso and Douglas County officials argue that the state constitution forbids interference with a local government’s ability to work with federal authorities.

“…the laws enacted by Colorado House Bill 19-1124 and 23-1100 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,” read a portion of the plaintiff’s lawsuit.

Specifically, House Bill 19-1124 prohibits local police from handing information over to ICE and House Bill 23-1100 prohibits localities from entering into intergovernmental agreements with federal officials for civil immigration enforcement. Both laws make it more difficult for ICE agents to operate in the state.

The downtown Denver skyline. (Kevork Djansezian/Getty Images)

Beyond claiming that the laws are unconstitutional, the plaintiffs argue that they are making the national immigration crisis worse for Colorado. The state’s capital city is currently facing financial hardship due to the large influx of illegal aliens arriving and needing government services.

“The national migrant crisis has forced Denver to continue to cut local services for residents. We have an obligation first to our citizens, and we see what’s happening in Denver as a warning sign to be proactive here in Douglas County,” Douglas County Commissioner Lora Thomas said in a public statement. “Unfortunately, since the federal government has not taken action at the border, this legal action is now necessary for the preservation of public welfare, health and safety of our local community.”

The lawsuit is the latest fallout of the immigration crisis in the state. Denver recently announced that it will spend nearly $90 million on services for illegal aliens seeking refuge in the area. That money, however, will require reductions in spending in other crucial city services, such as an $8.4 million reduction to the Denver Police Department.

More than 15,700 migrants have entered Denver in roughly the past year, largely as a result of Texas Gov. Greg Abbott’s migrant bussing efforts. Under the Biden Administration, the U.S.-Mexico border has continued to experience a record number of encounters.

“The most critical role of government is to protect its citizens,” Douglas County Sheriff Darren Weekly said of the lawsuit. “I believe this action is absolutely necessary to allow law enforcement to work with our federal partners to help keep all of Colorado safe.”

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