In a statement, a spokesperson for Polis emphasized that Colorado is not a sanctuary state. As such, the spokesperson said, the Trump administration’s “arbitrary designation” of Colorado as such “could not stand up in court.”
A federal court has dismissed a Trump administration-led lawsuit challenging “sanctuary”-style laws in both Colorado and the state’s largest city, Denver.
According to ColoradoNewsline, the lawsuit challenged four state laws and two city ordinances that limit how, if at all, local law enforcement can cooperate with federal immigration officials.
The Trump administration has repeatedly argued that its “supreme authority over immigration” preempts contradicting state-level laws.
Earlier this week, though, U.S. District Court Judge Gordon Gallagher found that, while the U.S. Constitution does prevent states from obstructing federal immigration enforcement, it does not compel individual states to assist in or with operations.
In other words, states can offer their cooperation—but they cannot be forced to do so.
“If Congress were authorized to dictate the allocation of state resources, the balance of power contemplated by our Constitution would be upended,” Gallagher wrote. “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.”
Ruling in favor of the administration, he said, “would run afoul to the Tenth Amendment.”
“Today’s ruling makes clear that we cannot be required to use local resources to enforce federal policies,” Denver Mayor Mike Johnston said in response to the ruling.
The defendants named in the Trump administration’s lawsuit included Johnston, the city of Denver, Colorado Gov. Jared Polis, state Attorney General Phil Weiser, and other officials.
In a statement, a spokesperson for Polis emphasized that Colorado is not a sanctuary state. As such, the spokesperson said, the Trump administration’s “arbitrary designation” of Colorado as such “could not stand up in court.”
Polis is reportedly pleased with the dismissal.
Separately, Colorado Attorney General Phil Weiser—who is currently running for governor—said that the lawsuit represented an attack on the state’s sovereignty and states’ right to “make our own decisions about how our personnel protect public safety.”
“In the order, the court makes it clear that the federal government cannot force states and local governments to use their resources for federal civil immigration enforcement,” Weiser said in his 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.”
The Associated Press notes that, under the Trump administration, the U.S. Department of Justice has field a wave of similar lawsuits targeting state and city policies seen as contrary to the federal government’s immigration-enforcement objectives. Claims have previously been filed against Los Angeles, New York City, and Minnesota. Last year, another federal judge dismissed a case challenging Chicago’s immigration laws.
Sources
Judge dismisses lawsuit challenging immigration ‘sanctuary’ policies in Colorado
Judge throws out US Justice Department lawsuit challenging sanctuary laws in Colorado, Denver
Join the conversation!