Douglas County Commissioners, Sheriff Weekly sue State of Colorado and Gov. Jared Polis over unconstitutional immigration laws - Douglas County (2024)

Legal action filed today is the seventh step your Board of Douglas County Commissioners has taken to protect health and safety amidst the national migrant crisis.

The lawsuit — filed jointly by the Board, Douglas County Sheriff Darren Weekly, the El Paso County Board of County Commissioners and El Paso County Sheriff Joseph Roybal – in Denver District Court — challenges two state laws that prevent local governments from cooperating with the federal government on matters of immigration.

The first law, passed in 2019 (HB19-1124), prohibits local governments from cooperating with the federal government in immigration enforcement and prohibits the sharing of judicial information with federal officials. The second, passed in 2023 (HB23-1100), prohibits any local government from entering an IGA with the federal government for civil immigration enforcement.

“There is an illegal immigration crisis in America,” said Commissioner George Teal. “We have been proactive, taking steps to mitigate the crisis here in Douglas County, Colorado. 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.”

The County is making four claims, all based on arguments the resulting laws are unconstitutional:

1. 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
2. HB19-1124 violates the Separation of Powers Provision of the State Constitution because the legislature is directing judicial employees
3. Both HB19-1124 and HB23-1100 violate constitutional amendment publication requirements that require publication of laws being affected by a statute to prevent confusion
4. HB19-1124 is preempted by federal immigration law in violation of the US Supremacy Clause, which prohibits state laws from violating federal law

“We believe in leading with compassion, but it’s not compassionate to bring migrants to a cold climate without the right resources and no place warm to stay,” said Commissioner Abe Laydon, who also chairs the Douglas County Homeless Initiative. “We know why people want to come to America – and specifically Douglas County, yet we have a responsibility to honor those who do so through proper channels – and we welcome those who do.”

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

Commissioners announced the filing of the suit today during a news conference. Watch a recording for details.

The filing of this lawsuit is the seventh action taken since October 2023 to address the local impacts of the national migrant crisis. The other six actions include:

• An Oct. 12 Resolution affirming that Douglas County is not a sanctuary jurisdiction
• A December Public Health Order by the Douglas County Board of Health setting forth requirements for sheltering migrant persons in Douglas County
• A letter to the Metro Area County Commissioners organization in support of expeditated employment
• A March extension of the Public Health Order implemented by the Board of Health in December
• The emergency adoption of an ordinance in March to prohibit the driver of a commercial vehicle from stopping and unloading passengers in unincorporated Douglas County other than at planned, scheduled and documented destinations.
• A letter to Denver Mayor Mike Johnston requesting the repeal of two sanctuary laws

Your community’s overall well-being is at the forefront of these tough decisions as your Board of Douglas County Commissioners works to address local impacts of the national migrant crisis. Watch a Live Town Hall from March to learn how your community is working together to address homelessness and proactively address this national issue.