Douglas County Officials Plan Appeal After Colorado Court Dismisses “Sanctuary State” Lawsuit

Ryan J. Farrick — December 21, 2024

Immigration and Customs Enforcement officer. Image via US-ICE/Flickr. Public domain.

Earlier this week, Colorado District Court Judge David Goldberg determined that Douglas County failed to establish that it has standing to sue the state. In his ruling, Goldberg noted that the federal government cannot actually compel states to comply with detainer requests.

Douglas County officials have said they plan to appeal a Denver district court’s dismissal of a lawsuit challenging a series of “sanctuary”-style Colorado statutes that restrict how and when local law enforcement officials can collaborate with federal immigration authorities.

According to The Denver Gazette, Douglas County’s initial claim was filed shortly after the passage of a 2023 law. The law broadly prohibits state and local government officials from making independent agreements with federal immigration authorities over the detention of undocumented immigrants.

Douglas County had also sought to challenge provisions of a 2019 statute that prohibits Colorado police departments from arresting or detaining immigrants solely on the basis of a federal immigration detainer.

“The bottom line is, the judge got it wrong,” Douglas County Commissioner George Teal said in a statement. “We want to cooperate with the federal government on matters of public safety and immigration. We pay taxes, too, to the feds. These laws that we are suing on prohibit us from accessing these federal services.”

Image via Wikimedia Commons/public domain/no license.

Kevin Van Winkle, another Douglas County commissioner, indicated that local officials feel uncomfortable “concealing” the identities of undocumented immigrants who have committed crimes.

“We are required by these state laws to conceal the identity of those who committed a crime and are here in our country illegally,” Van Winkle said. “We cannot stand idly by, barred by the state from cooperating with federal agencies, when public safety is at risk.”

“Douglas County,” said Commissioner Abe Laydon, “supports legal immigration through the proper channels and the plight of refugees seeking freedom. It is illegal immigration which harms all of us and hurts legal immigrants the most.”

Earlier this week, Colorado District Court Judge David Goldberg determined that Douglas County failed to establish that it has standing to sue the state. In his ruling, Goldberg noted that the federal government cannot actually compel states to comply with detainer requests.

Since the federal government cannot order states to comply with immigration detainers, Colorado and other “sanctuary” states are “free to determine the extent, if at all, the state will comply with civil immigration detainer requests and whether the state will enter into or renew immigration detainment agreements.”

Douglas County Attorney Jeff Garcia told the Denver Gazette that Goldberg’s decision was “expected” and that the county plans to appeal the dismissal.

“We knew this was coming all along,” Garcia said. “This was not a surprise to us. This is something that is happening across the United States, and this is just one case and example. Our best chance is with the federal court.”