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Republicans in Congress target Denver, Boulder over ‘sanctuary’ policies

An Immigration and Customs Enforcement worker is shown in a jacket.
U.S. Immigration and Customs Enforcement
A U.S. Immigration and Customs Enforcement agent.

This story was produced as part of the Colorado Capitol News Alliance. It first appeared at cpr.org.

Congressional Republicans are once again focused on what they call Colorado's “sanctuary policies.” This time the focus is on two of the state’s most liberal cities: Denver and Boulder.

Chair of the House Judiciary Committee Republican Rep. Jim Jordan of Ohio, GOP Rep. Tom McClintock, and Colorado GOP Rep. Gabe Evans have sent letters to the Denver District Attorney, Denver chief of police, and Denver Sheriff “demanding information on their offices’ sanctuary policies” that they claim “prioritize criminal and illegal aliens over American citizens and threaten public safety."

Jordan and McClintock also sent letters to the Boulder County DA, Boulder County Sheriff and Boulder Chief of Police.

They say the request is part of the committee’s oversight of state and local jurisdictions and have asked for answers to their questions by June 3.

Evans is not a member of the House Judiciary Committee but, like many Colorado Republicans, has been critical of Denver and the state’s “sanctuary” policies.

“[Denver Mayor Mike Johnston] won't actually do what he’s supposed to do and allow his officers to work in conjunction with federal authorities to get criminals out of the community who are here illegally," Evans told CPR News.

Meanwhile, the district attorneys slammed the oversight letters.

“We were disappointed to receive a Congressional letter today that was riddled with inaccuracies,” said Matt Jablow, spokesperson for the Denver District Attorney’s Office, adding the office is “committed to protecting the safety of all the people of the City & County of Denver and acts on that commitment every single day.”

Boulder District Attorney Michael Dougherty, who is a Democratic candidate for Colorado Attorney General, called the effort political theater.

“Local district attorneys do not write federal immigration law. Congress does,” Dougherty said in a statement. “If Washington politicians are serious about immigration enforcement and public safety, they should focus on fixing the broken federal system instead of attacking Colorado prosecutors who are doing the real work of protecting communities.”

He pointed out that his office prosecutes violent criminals regardless of immigration status and pointed to the recent guilty plea and life-in-prison sentence his office secured for the Boulder fire bomber, who overstayed his visa.

Dougherty added federal systems failed to stop the firebomber before his attack, “even when his attempted purchase of a firearm was denied due to his immigration status."

The Republicans are seeking documents and communications on a host of issues, including information on their interactions with ICE, documents and communications related to the prosecution of or bonds for non-U.S. citizens, and the number of ICE detainers law enforcement received and declined to honor.

They argue the Denver Sheriff Department has not complied with “simple detainer requests,” which would require local law enforcement to hold someone for 48 hours who would otherwise be released. They added Dougherty has suggested restricting ICE’s access to Flock technology, even though that technology can be used against U.S. citizens.

“Under your office’s pro-crime, pro-illegal immigration policies, illegal alien criminals are allowed to freely operate, terrorize local communities, and reoffend without consequences,” Jordan and McClintock wrote to Dougherty.

The letters come after a judge dismissed a Trump administration lawsuit challenging Colorado’s “sanctuary” laws in late March.

The judge ruled, “The Supremacy Clause undoubtedly prevents states from contradicting or obstructing the federal immigration scheme, but it does not go so far as to compel state assistance.”

Caitlyn has been with Colorado Public Radio since 2019.