Douglas County Undersheriff David Walcher speaks at a press conference announcing a lawsuit against the state for laws that prevent law enforcement agencies from working with federal immigration officers. Credit: Courtesy of Douglas County

Douglas and El Paso counties are suing Colorado over laws that prevent local law enforcement agencies from working with federal immigration officers, arguing the ban hurts public safety.

Two laws, passed by state lawmakers in 2019 and 2023, prevent police from being able to arrest or detain people for civil immigration violations, as well as share information or have agreements with federal immigration agencies.

“We see it as the duty of the county to push back against these state laws that prohibit us from working with federal authorities to keep Douglas County and our communities safe,” Douglas County Commissioner George Teal said, flanked by other county officials in a news conference on Monday. 

Douglas County Undersheriff David Walcher said the laws tie the hands of deputies and hinder enforcement, noting the sheriff’s office has the ability to work with every other federal agency, such as the Drug Enforcement Administration.

“What we need is communication and cooperation and, probably most important, information,” Walcher said. “I’d really like to see more information sharing so we can act upon what we learn from our federal partners and they can learn from us.”

Walcher said the sheriff’s office should be able to share public information with U.S. Immigration and Customs Enforcement, including jail rosters and information pertinent to public safety.

“Shame on the State of Colorado for telling Douglas County and Sheriff (Darren) Weekly how to run his jail,” he said. “If the State of Colorado wants to enhance public safety in our communities, they need to enhance penalties for things like car thefts, crimes with deadly weapons, people who elude the police. That helps us.”

County officials couldn’t say how many migrants are in the county. Teal claimed state laws prevent the county from knowing a total count. 

But Commissioner Abe Laydon suggested that some of the migrants, initially dropped off by officials in Texas in Denver, may have moved across county lines. Some 40,000 migrants have been bused to Denver and offered assistance by city agencies, according to Denver. 

“Thinking that 40,000 people can be bused here and not somehow bleed into Douglas County is not common sense,” he said.

Laydon said some migrants could pose a threat. He pointed to an incident in April 2023 where a man was abducted from a park and ride in Lone Tree by two men, who Layden said are Venezuelan migrants. The man was able to escape and police arrested Brandon Graterol-Castro and Deivis Jose Chavez Pinto, charging them with kidnapping, assault and motor vehicle theft. 

According to a 9News report, officers believe the kidnapping stemmed from a debt. Weekly said it was an isolated incident, and not a random attack.

The lawsuit, filed in the Denver District Court on Monday, seeks to prohibit limitations on local government cooperation with federal agencies, asking a judge to find House Bill 19-1124 and House Bill 23-1100 are unconstitutional.

Douglas County Attorney Jeff Garcia, who is confident the suit will be successful, said the outcome could benefit the state and the country.

“We hope to create an environment where local governments and the state can once again cooperate with the federal government and address a national crisis,” Garcia said. “We hope that by the work we do, we’re giving everyone a blueprint on how we can address a national problem.”

Commissioner Lora Thomas said the goal is to give law enforcement as many “tools” as possible. 

“What I see in Denver is not what I want to see in Douglas County,” Thomas said.

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