A federal judge in Denver on Tuesday dismissed a lawsuit brought by the U.S. Department of Justice that targeted Colorado and its most populous city over immigration-related policies described by the department as “sanctuary laws.” U.S. District Judge Gordon P. Gallagher ruled that the federal government cannot force state and local officials to take on federal immigration enforcement duties by requiring them to spend local resources to implement federal regulatory programs.
The Justice Department’s complaint said Colorado and Denver had passed laws that violate the U.S. Constitution’s Supremacy Clause by limiting how local governments assist federal immigration enforcement. The lawsuit identified four state laws and two Denver laws, which the department said restrict the use of resources for immigration enforcement and provide protections for immigrants’ rights and personal information.
In granting requests from Colorado and Denver officials to end the case, Gallagher pointed to the Supreme Court’s decision in 1997, saying the nation’s highest court had already determined that the federal government cannot “dragoon” state officers into carrying out federal law. He concluded that “Colorado and Denver have the right to refuse to expend their resources to implement a federal regulatory program.”
The Justice Department did not immediately respond to an after-hours request for comment, according to the report. The judge’s decision also came as federal lawsuits challenging local sanctuary-related policies have been filed in multiple jurisdictions, including those mentioned in the report involving Los Angeles, New York City and Minnesota, where separate federal court outcomes were cited.
Denver Mayor Mike Johnston said in a statement that the ruling clarified that the city cannot be compelled to use local resources to enforce federal immigration policies. Johnston’s statement added that the court’s decision meant Denver officials would not be forced into carrying out federal policy through local spending and local enforcement resources.
The report noted there is no strict definition for sanctuary policies or sanctuary cities, but that the term generally refers to limited local cooperation with U.S. Immigration and Customs Enforcement. ICE enforces immigration laws nationwide but, the report said, seeks help from state and local officials—particularly for large-scale deportations—and asks police and sheriffs to alert it about people it wants to deport and to hold them until federal officers take custody.