Two counties south of Denver filed a lawsuit Monday against the state of Colorado over its “sanctuary” statutes that restrict local law enforcement officials from working with federal authorities on illegal immigration, arguing they are unconstitutional and preempted by federal laws.

The lawsuit filed by El Paso and Douglas counties targets a 2023 law that restricts the ability of state and local governments from making agreements with federal immigration officials over the detention of immigrants who are unlawfully staying in the country, as well as a 2019 statute that blocks local law enforcers from arresting or detaining an immigrant solely on the basis of a federal immigration detainer.

Current Colorado laws also prevent state judicial officials from sharing information with federal immigration officials.

“The nation is facing an immigration crisis,” the complaint states. “The nation, the state, and local governments need to cooperate and share resources to address this crisis. Colorado House Bills 19-1124 and 23-1100 prohibit the necessary cooperation and create dangerous conditions for the state and migrants.”

The lawsuit said the two laws are “illegal and unconstitutional” because they violate the Colorado Constitution’s provisions on intergovernmental relationships and distribution of powers. They are also preempted by federal immigration laws and regulations, the lawsuit added. 

Other counties are potentially interested in joining the lawsuit, according to Douglas County commissioners who spoke at a news conference on Monday morning.

In pushing for the 2019 law, sponsors said any requirement that public safety agencies “play a role in enforcing federal civil immigration laws can undermine public trust.” Sponsors also said Coloradans have “constitutional rights to due process and protection against unlawful detainment and seizures.”

And in passing the 2023 law, lawmakers said it is an “inappropriate exercise of a state’s police powers to detain individuals for federal immigration purposes given its implication on foreign relations.” Lawmakers also declared that “phasing out” state and local officials’ involvement in civil immigration detention is warranted. 

District 2 Commissioner George Teal said the two laws violate “several tenets of the Colorado State Constitution.”

“It is our intent is to bring this suit specifically to address the illegal immigration crisis now present in this country,” he said.

A significant problem, Teal said, is neither the counties nor the cities know how many immigrants have arrived into the area.

“We don’t know who is here,” he said. “And we’re not allowed to approach federal agencies.”

More than 40,000 immigrants have arrived in Denver after illegally crossing America’s southern border over the past 16 months. City officials do not know exactly how many have remained here, and they also do not know how many are looking for work.

Early in the crisis, state and local officials had estimated that 70% intended to resettle elsewhere in the United States. But bus, plane and train tickets purchased for immigrants traveling elsewhere suggest that fewer than half have left.

District 1 Commissioner Abe Laydon said he wants Douglas County to be a place “where quality of life comes first.” But, amid the current illegal immigration crisis, he added, “we want to prioritize the rights of those who are legally here first.”

Douglas County has distanced itself from Denver, which also has “sanctuary” laws and is poised to spend $90 million this year to feed, house and transport the immigrants who traveled to the city after illegally crossing the southern border with Mexico.

Of the 40,000 immigrants from South and Central America who have arrived in Colorado’s most populous city over the past 16 months, as many as 20,000 might have decided to stay. 

“The reason we are here today is the totality of the circumstances,“ said District 3 Commissioner Lora Thomas. “We are seeing what is going on in Denver, and we do not want that coming here to Douglas County.”

She likened the crisis to “a perfect storm” that could torpedo Douglas County’s safety and quality of life priorities.

Surrounding local governments, including Douglas County but also Aurora and Colorado Springs, have positioned themselves in stark contrast from Denver, saying they cannot afford to care for the immigrants.    

Earlier this month, Douglas County commissioners unanimously voted to approve an ordinance that takes aim at Colorado’s “sanctuary” laws by prohibiting commercial vehicles from making unscheduled stops in unincorporated Douglas County to drop off immigrants. Commercial drivers who violate the new ordinance could face a fine of up to $1,000 per passenger, in addition to vehicle seizure.

In Aurora, councilmembers passed a resolution in February affirming the city’s “non-sanctuary” status, asserting it “does not currently have the financial capacity to fund new services related to this crisis.” The resolution also demanded that nonprofits and municipalities should coordinate with Aurora’s officials before bringing immigrants into the city.

In Colorado Springs, the council approved a largely symbolic resolution that reaffirms it is not a sanctuary city in the hopes of discouraging immigrants from heading south from Denver. Colorado Springs City Council President Randy Helms said he believes — as officials at the southern border do — that being “welcoming” has led to the immigrant influx.

“When you offer someone free transportation, free shelter, I think it’s only human nature people would be drawn to that,” Helms said.

Douglas County Sheriff Darren Weekly called the state laws “absolutely ridiculous.”

“It’s unfair to the migrants on how this is all happening,” he said Friday. “They’re being promised things that we can’t deliver on.”

Calling it a public safety issue that “affects everybody,” Weekly added, “For us to be restricted and have our hands tied, to say we can’t communicate legitimate information to the feds, or hold information that could be dangerous to our community, it just does not make sense.”

El Paso County District 2 Commissioner Carrie Geitner said the laws are “out of touch with the needs of Coloradans.”

She added: “There are truly sanctuary state policies that we have to fight back against if we’re going to keep our community safe.”

The Denver Gazette reached out to Gov. Jared Polis, who is named in the lawsuit, for comment.

“The Governor’s Office will not comment on pending litigation,” a spokesperson for Polis said.

Denver Gazette reporter Sage Kelley contributed to this story.