XPost: misc.immigration.usa, alt.fan.rush-limbaugh, sac.politics   
   XPost: talk.politics.guns, talk.politics.misc   
   From: yourdime@outlook.com   
      
   DENVER (KDVR) — A Colorado District Court judge dismissed, with prejudice,   
   a lawsuit that sought to try and force the state of Colorado to allow   
   sheriff’s deputies to work with Immigration and Customs Enforcement   
   agents.   
      
   The lawsuit was filed by Douglas, El Paso, Mesa, Rio Blanco, Elbert and   
   Garfield counties, which said they represent 25% of the state’s   
   population, arguing that the state and Gov. Jared Polis instituted   
   “unconstitutional immigration laws.” Now that the case has been dismissed   
   with prejudice, it cannot be refiled for the same issues.   
      
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   In a press conference held on April 15, Douglas County Commissioner George   
   Teal said the state’s immigration crisis is due to federal policies along   
   the southern border that “resulted in an unlimited string of illegal   
   immigrants into our communities.” The lawsuit was fighting two state laws:   
      
   House Bill 19-1124, “Protect Colorado Residents From Federal Government   
   Overreach,” according to the text, allows law enforcement to cooperate or   
   assist federal immigration authorities in the execution of a federal   
   warrant, but prohibits law enforcement from arresting or detaining   
   individuals based solely on a civil immigration detainer   
   The measure also stops probation officers from giving someone’s personal   
   information to federal immigration authorities   
   The measure also ensures that individuals who are to be interviewed via   
   telephone or video by a federal immigration authority are informed of   
   their rights   
   House Bill 23-1100, “Restrict Government Involvement in Immigration   
   Detention,” prevents state or local government agency employees from   
   entering into intergovernmental agreements allowing for law enforcement to   
   rent bed space to ICE   
   The measure also terminated two such agreements in the state   
   The lawsuit is complex, diving into how county and federal officials’   
   jurisdictions overlap, and discussing when a state legislature’s power is   
   limited. The counties argued they suffered a tangible injury through the   
   two house bills because they were “denied a legal right afforded in the   
   State Constitution” and were “denied a lawful use of their real property.”   
      
   In the motion to dismiss filed Monday, the judge wrote that the arguments   
   “can be best summarized as interpreting the Intergovernmental   
   Relationships Provision as an unfettered right” that permits governmental   
   bodies “to contract or cooperate with other governmental entities without   
   limitation.”   
      
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   The counties had argued they suffered intangible injury “by being denied a   
   legal right afforded in the State Constitution.” The counties had argued   
   that the right was to contract with the federal government.   
      
   The judge argued that the provision says that nothing in the Colorado   
   Constitution can be construed to prevent a government from contracting   
   with another governmental entity. The judge wrote that the provision is   
   “silent” on whether the General Assembly can prevent a governmental entity   
   from cooperating or contracting with the federal government.   
      
   The judge wrote that because of this, there was no injury to the county   
   governments because the Colorado General Assembly has the authority to   
   promote laws that dictate how governmental entities, such as county   
   governments, may cooperate with federal governmental entities.   
      
   The judge also looked at the claim that there was an injury suffered   
   because the Douglas County Sheriff was unable to comply with a federal   
   civil immigration detainer request. The judge said that the Code of   
   Federal Regulations does not require entities to comply with such   
   requests.   
      
   “Notably, although not binding on the Court, every federal court of   
   appeals to have considered federal civil immigration detainer requests has   
   held that state cooperation with the federal government is optional,” the   
   judge wrote.   
      
   https://kdvr.com/news/local/judge-dismisses-lawsuit-arguing-colorado-   
   immigration-laws-violate-state-federal-rules/   
      
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