Colorado Democrats pass new immigration protection bill restricting ICE access, defying the Trump administration as Governor Polis faces pressure from both sides on whether to sign or veto the controversial measure.
Quick Takes
- A new bill passed by Colorado Democrats would further limit ICE’s ability to access state facilities and data, advancing despite an ongoing DOJ lawsuit against the state’s sanctuary policies
- The Trump administration has sued Colorado, Denver, and local officials, claiming sanctuary policies violate federal immigration authority under the Supremacy Clause
- Republicans failed to revive a law allowing local law enforcement to cooperate with federal immigration authorities in a recent 2-3 committee vote
- Law enforcement leaders are divided, with sheriffs from conservative counties supporting cooperation with ICE while Denver officials defend limiting cooperation
- Governor Polis now faces a difficult decision on whether to sign the bill, having previously denied Colorado is a “sanctuary state”
Colorado Lawmakers Challenge Federal Authority
The Colorado state legislature has approved a controversial bill that would further restrict Immigration and Customs Enforcement (ICE) access to state facilities and data, directly challenging President Trump’s immigration enforcement priorities. The legislation, passed along party lines by the Democratic majority, comes just days after the Department of Justice filed a federal lawsuit against Colorado, Denver, and several local officials over existing “sanctuary” policies. The timing appears deliberately provocative, as Colorado Democrats move to strengthen rather than retreat from policies limiting cooperation with federal immigration authorities.
The Department of Justice lawsuit, filed in federal court in Denver, cites the federal government’s constitutional authority over immigration matters. It specifically references a controversial apartment complex in Aurora allegedly infiltrated by the Venezuelan gang Tren de Aragua. While local officials dispute the extent of the gang’s control over the property, they acknowledge ongoing problems at the complex that have raised serious public safety concerns.
This raid in Colorado Springs is a rare victory for justice, but it underscores the catastrophic failure of liberal immigration policies. Fact one: DHS reports that Tren de Aragua’s presence in the U.S. has spiked 200% since 2022, fueled by open-border policies that saw 3 million…
— Saggezza Eterna (@FinalTelegraph) April 27, 2025
Republicans Fail to Restore ICE Cooperation
A recent Republican effort to reverse Colorado’s sanctuary policies was defeated in committee by a 2-3 vote after five hours of debate. Senate Bill 047, sponsored by Republican lawmakers, sought to reenact a 2006 law requiring law enforcement to report arrests of suspected illegal immigrants to ICE. The bill would have allowed detention of individuals for up to 48 hours to facilitate ICE action and prohibited local governments from restricting communication with federal immigration agents.
“Why is the state of Colorado getting in their way?” asked Douglas County Undersheriff David Walcher. “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.”
The Republican bill was inspired by Sheriff Jason Mikesell of Teller County, currently the only jurisdiction in Colorado complying with ICE under the federal 287(g) program. The ACLU previously sued Teller County for detaining individuals longer than state law allowed, with the Colorado Court of Appeals ruling in favor of the civil liberties organization. Democratic lawmakers who opposed the Republican bill argued that immigration has become overly politicized.
Federal Lawsuit Creates Constitutional Showdown
The Department of Justice lawsuit targets laws preventing local law enforcement from assisting federal immigration authorities, arguing these laws 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, setting up a high-profile legal confrontation between state and federal authority.
“The United States has well-established, preeminent, and preemptive authority to regulate immigration matters,” stated the lawsuit.
Colorado’s governor’s office has stated they “will not comment on the merits of the lawsuit” but denied the state is a “sanctuary state.” Meanwhile, a spokesperson for the Colorado Attorney General’s Office stated the 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.” The lawsuit follows a broader federal crackdown on sanctuary cities under the Trump administration, with similar legal actions filed against Chicago and Rochester, New York.
Public Safety Concerns vs. Immigrant Protection
Law enforcement officials from more conservative Colorado counties have voiced strong support for cooperation with federal immigration authorities. El Paso County Sheriff Joe Roybal accused criminals of taking advantage of Colorado’s status as a “sanctuary” state to “escape” prosecution. These concerns have intensified following reports about the Tren de Aragua gang’s activities in Aurora, which federal officials cite as evidence that sanctuary policies can undermine public safety.
Critics of the new Democratic bill, including the Colorado Fiscal Institute and the Colorado Immigrant Rights Coalition, argue the Republican alternative would create fear, decrease public safety, and lead to racial profiling. They emphasize that requiring local police to cooperate with ICE would harm all immigrants, not just those who committed crimes, by eroding trust between immigrant communities and law enforcement. The governor now faces intense pressure from both sides as he decides whether to sign or veto the bill.
Sources:
- Department of Justice suing state of Colorado, city of Denver, local leaders over “sanctuary” policies
- Colorado House passes immigrant protections as Trump administration sues over ‘sanctuary’ laws
- Colorado Democrats reject proposal to allow local cooperation with federal immigration agents
