XPost: co.politics, alt.fan.rush-limbaugh, sac.politics
XPost: talk.politics.guns, talk.politics.misc

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.

Aurora police chief: Armed apartment invasion 100% gang activity
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.�

FOX31 Newsletters: Sign up to get breaking news sent to your inbox
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/

--- SoupGate-Win32 v1.05
* Origin: fsxNet Usenet Gateway (21:1/5)