Judge dismisses lawsuit challenging immigration ‘sanctuary’ policies in Colorado

A federal judge on Tuesday dismissed a Trump administration lawsuit challenging Colorado and Denver “sanctuary” policies that restrict cooperation with federal immigration enforcement. 

The lawsuit challenged four Colorado laws and two Denver policies that limit the use of state and local resources for immigration enforcement. The Trump administration argued that its “supreme authority over immigration” preempts state laws and that those policies discriminate against federal immigration officials. 

U.S. District Court Judge Gordon Gallagher ruled that while the U.S. Constitution prevents states from obstructing federal immigration enforcement, it does not compel states to assist. States can voluntarily work with the federal government to enforce immigration policies.

“If Congress were authorized to dictate the allocation of state resources, the balance of power contemplated by our Constitution would be upended,” Gallagher said. “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.”

Any ruling in favor of the Trump administration’s arguments “would run afoul to the Tenth Amendment,” Gallagher said. 

Defendants included the state of Colorado, Colorado Gov. Jared Polis, the Colorado General Assembly, Attorney General Phil Weiser, the city of Denver, Denver Mayor Mike Johnston, Denver City Council and Denver Sheriff Elias Diggins. Polis, Weiser, the General Assembly and the city of Denver all filed motions to dismiss the lawsuit. 

Johnston said the ruling makes clear that the city cannot be required to use local resources to enforce federal policies, and the city will “always stand for safe communities and accountable government.”

Polis spokesperson Eric Maruyama said Colorado is not a sanctuary state, and the U.S. Department of Justice’s “arbitrary designation could not stand up in court.” He said the governor  is pleased that the department’s “baseless” lawsuit was dismissed.

Policies the lawsuit challenged limit disclosure of personal information to immigration authorities, using state and local detention for immigration enforcement and allowing immigration officials to access or interview people in state or local custody. 

Weiser, a Democrat who is running for Colorado governor, said the lawsuit was an attack on Colorado’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 a 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.”

Colorado and Denver were both named in a Department of Justice list of “sanctuary jurisdictions.” The department has filed similar lawsuits in New Jersey and Illinois. President Donald Trump has repeatedly threatened states and cities with purported sanctuary policies.