DENVER — A federal judge on Tuesday threw out a U.S. Department of Justice lawsuit accusing Colorado and Denver of interfering with the enforcement of immigration laws.
The lawsuit claimed the state and its most populous city passed “sanctuary laws” violating the Supremacy Clause of the U.S. Constitution. At issue were four state laws and two Denver laws that limit the use of resources for immigration enforcement and protect the rights and personal information of immigrants.
U.S. District Judge Gordon P. Gallagher said the U.S. Supreme Court ruled in a 1997 case that the federal government can’t “dragoon” state officers into carrying out federal law. He granted requests from Colorado and Denver officials to dismiss the lawsuit, concluding that “Colorado and Denver have the right to refuse to expend their resources to implement a federal regulatory program.”
The Department of Justice didn’t immediately return an after-hours request for comment.
Denver Mayor Mike Johnston welcomed the ruling.
“Today’s ruling makes clear that we cannot be required to use local resources to enforce federal policies,” he said in a statement.
The Department of Justice filed similar lawsuits targeting state or city policies seen as interfering with immigration enforcement, including those in Los Angeles, New York City and Minnesota and cities there. A federal judge dismissed a case challenging Chicago’s laws last year.
There is no strict definition for sanctuary policies or sanctuary cities, but the terms generally describe limited local cooperation with Immigration and Customs Enforcement. ICE enforces U.S. immigration laws nationwide but seeks state and local help, particularly for large-scale deportations, and requests that police and sheriffs alert it about people it wants to deport and hold them until federal officers take custody.
