DOUGLAS COUNTY, Colo — County commissioners and the sheriffs for Douglas and El Paso counties announced a lawsuit challenging two state laws that they claim violate Colorado's constitution.
The counties say the laws, HB 19-1124 and HB 23-1100, prohibit local governments from cooperating with federal immigration and are unconstitutional.
“There is an illegal immigration crisis in America,” Douglas County Commissioner George Teal said in a statement. “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 lawsuit, filed in Denver District Court, claims both laws infringe on the Intergovernmental Relationships Provision, which prohibits laws that prevent local governments from cooperating or contracting with the federal government.
They also claim both laws violate "constitutional amendment publication requirements that require publication of laws being affected by a statute to prevent confusion."
The lawsuit was filed against the state of Colorado, by and through Gov. Jared Polis. The governor’s office said in a statement to 9NEWS that they "will not comment on pending litigation."
In two other claims filed by the counties, they say HB 19-1124 violates the separation of powers provision because "the legislature is directing judicial employees." The other claim is that the law is preempted by federal immigration law in violation of the U.S. Supremacy Clause which forbids state laws from violating federal law.
“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,” Douglas County Commissioner Lora Thomas said. “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.”
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