The Department of Justice (DOJ) under the Trump administration has initiated a legal challenge against the State of Colorado, targeting its sanctuary city laws in the wake of rising gang concerns. The lawsuit, lodged in federal court in Denver, centers on the contention that Colorado's sanctuary policies are constitutionally problematic, impeding the federal government's exclusive jurisdiction over immigration matters.
The legal action taken by the DOJ asserts that by instituting sanctuary city policies, Colorado is in direct violation of the Supremacy Clause of the U.S. Constitution. This clause establishes that federal law takes precedence over state laws. The lawsuit particularly aims to hold accountable Colorado Governor Jared Polis and Denver Mayor Mike Johnston, both Democrats, for promoting policies that protect undocumented immigrants from federal immigration enforcement and deportation.
The filing of this lawsuit against Colorado is not an isolated event; it follows similar legal moves by the DOJ against sanctuary jurisdictions in Chicago and Rochester, New York. In those instances, the Trump administration accused local governments of not adhering to federal immigration regulations, thus fostering an environment where illegal immigrants, including those with criminal backgrounds, could escape deportation.
A focal point of the dispute is the alleged connection between sanctuary policies and the unchecked operation of criminal gangs. Highlighting this link, the Trump administration has pointed to the Tren de Aragua (TdA), a Venezuelan gang that supposedly took over parts of an apartment complex in Aurora, Colorado. The DOJ cites the February crackdown on the gang's activities at The Edge at Lowry complex as evidence of the detrimental impact of sanctuary policies on public safety and law enforcement.
Attorney General Pam Bondi has emphasized the challenge faced by Immigration and Customs Enforcement (ICE) when local jurisdictions decline to cooperate. Typically, ICE requests that local police and sheriff departments inform them of any migrants they want deported and to detain these individuals until federal agents can apprehend them. Sanctuary policies, however, obstruct this process.
Despite the Trump administration's allegations, Colorado's leadership contests the portrayal of their policies. Governor Polis and Attorney General Phil Weiser have repeatedly asserted that Colorado does not qualify as a sanctuary state, highlighting selective cooperation with federal agencies without actively enforcing immigration laws. In response to the lawsuit, Polis' spokesperson, Conor Cahill, stated they would comply with any court rulings invalidating Colorado laws but refrained from commenting on the merits of the lawsuit.
The lawsuit against Colorado reflects the deep national divide over sanctuary city laws. Advocates argue that these policies offer crucial protection for vulnerable immigrant populations, especially those without legal status. Opponents, however, argue that such laws encourage criminal activity and weaken the rule of law, as evidenced by the presence of gangs like TdA and MS-13, some of whose members were deported to a high-security prison in El Salvador as part of the crackdown on gang activity.