DOJ Sues Colorado Over ICE Ban

Daily Report May 08,2025

The Department of Justice has sued Colorado over sanctuary policies as Democrats double down on immigrant protections despite rising concerns about gang activity and public safety.

At a Glance

The DOJ has filed a lawsuit against Colorado, Denver, and local leaders over sanctuary policies that allegedly hinder federal deportation efforts
The lawsuit references an Aurora apartment complex allegedly taken over by a Venezuelan gang, Tren de Aragua
Colorado Democrats recently defeated a Republican proposal that would have allowed local law enforcement to cooperate with ICE
Colorado officials deny being a “sanctuary state” while defending their policies limiting cooperation with federal immigration authorities
The lawsuit follows a broader federal crackdown on sanctuary cities nationwide

DOJ Takes Legal Action Against Colorado’s Sanctuary Policies

The Department of Justice has filed a lawsuit against Colorado, Denver, and several local leaders over their “sanctuary” policies. The federal government claims these policies obstruct federal efforts to deport individuals in the country illegally. Filed in federal court in Denver, the lawsuit asserts the U.S. government’s constitutional authority over immigration matters. The legal action specifically references a controversial apartment complex in Aurora, allegedly taken over by Tren de Aragua, a Venezuelan gang—though local officials dispute the extent of the gang’s control while acknowledging problems at the complex.

Watch coverage here.

The lawsuit targets laws that prevent local law enforcement from assisting federal immigration authorities, arguing these statutes violate the Supremacy Clause of the U.S. Constitution. Named defendants include Governor Jared Polis, Colorado Attorney General Phil Weiser, Denver Mayor Mike Johnston, and Denver Sheriff Elias Diggins. The legal challenge is part of a broader federal crackdown on sanctuary jurisdictions, with similar lawsuits filed against Chicago and Rochester, New York.

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Colorado Officials Defend State Policies

Colorado officials have pushed back against the federal lawsuit while maintaining they comply with all applicable laws. A spokesperson for Governor Polis’s office stated they “will not comment on the merits of the lawsuit” but denied Colorado is a “sanctuary state.” Meanwhile, Denver’s mayor’s office criticized the legal action and expressed readiness to defend the city’s values regarding immigration. Mayor Johnston had previously testified in Washington, D.C., about Denver’s policies on undocumented immigrants, highlighting the city’s commitment to its approach.

“The United States has well-established, preeminent, and preemptive authority to regulate immigration matters.” – Department of Justice.

The Colorado Attorney General’s Office has indicated its determination to defend state law against the federal challenge. “The Attorney General’s Office is committed to defending Colorado law and has done so successfully in the past in this area. We stand ready to do so again,” said a spokesperson for the office. Sanctuary policies typically involve limited cooperation with Immigration and Customs Enforcement (ICE), including restrictions on holding individuals solely on immigration detainers or sharing information about release dates.

Republican Efforts to Overturn Sanctuary Laws Fail

Recent Republican-led efforts to reverse Colorado’s sanctuary policies have been unsuccessful. A proposal aimed at allowing local law enforcement to cooperate with federal immigration agents was defeated in committee by a 2-3 vote after a five-hour debate. Senate Bill 047, sponsored by Republican lawmakers, sought to reinstate a 2006 law that required law enforcement to report arrests of suspected illegal immigrants to ICE. The bill would have permitted holding individuals for up to 48 hours for ICE action and prohibited local governments from restricting communication with federal agents.

“In voting against it, Sen. Matt Ball, D-Denver, said immigration has been \”weaponized\” as a political issue and the country is now \”trapped in political theater.\”” – Sen. Matt Ball, D-Denver.

Law Enforcement Divided on Sanctuary Policies

The debate over sanctuary policies has created divisions among Colorado law enforcement officials. Sheriff Jason Mikesell of Teller County, whose department is the only one in Colorado complying with ICE under the 287(g) program, inspired the failed Republican bill. The ACLU previously challenged Teller County for detaining individuals longer than state law allowed, with the Colorado Court of Appeals ruling in favor of the civil liberties organization. Law enforcement officials supporting cooperation with ICE argue it helps remove dangerous criminals from communities.

“\”Why is the state of Colorado getting in their way?\” he asked. \”We want to help our federal partners and do what we do — keep us safe in our respective jurisdictions. We don’t enforce immigration law, but we can certainly assist them to accomplish their mission.\”” – Douglas County Undersheriff David Walcher.

Critics o the Republican proposal, including the Colorado Fiscal Institute and the Colorado Immigrant Rights Coalition, contended it would create fear in immigrant communities, decrease public safety by discouraging cooperation with police, and potentially lead to racial profiling. They emphasized that such policies could harm all immigrants, not just those who committed crimes, and highlighted the financial and social costs of enforcement, including damage to community trust in law enforcement.