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News

Douglas County files amended lawsuit against state immigration laws – four more Colorado Counties join

Elbert, Garfield, Mesa, Rio Blanco Counties join Douglas and El Paso County in legal action against State of Colorado and Gov. Jared Polis over unconstitutional immigration laws

Posted on May 6, 2024 2024News and Events

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Douglas County today filed an amended lawsuit against the State of Colorado and Governor Polis – with El Paso, Elbert, Garfield, Mesa, and Rio Blanco Counties on board – challenging two state laws preventing local governments from cooperating with the federal government on matters of immigration. The now six-county litigation represents the interests of 25 percent of the state’s population.

This marks the eighth step the Board of Douglas County Commissioners has taken to protect public health and safety amidst the national migrant crisis.

The first law in the litigation, 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 law in the litigation, passed in 2023 (HB23-1100), prohibits any local government from entering an IGA with the federal government for civil immigration enforcement.

The litigation makes 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 the 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

Commissioners announced the filing of the original suit with El Paso County on April 15 during a news conference. Watch a recording for details.

The filing of this amended litigation on May 6, 2024 is the eighth action taken since October 2023 to address the local impacts of the national migrant crisis. The other seven actions include:

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.

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