After weeks of anticipation followed by a six-hour hearing, Denver officials hope they can put Mayor Mike Johnston’s testimony before Congress behind them.
But it may not be that simple.
During Wednesday’s hearing about the immigrant-friendly policies enacted by Denver and three other cities, members of the House Committee on Oversight and Government Reform threatened the mayors with criminal charges. President Donald Trump and other Republicans have also vowed to cut the cities off from millions of dollars in federal support.
The U.S. Department of Justice is already investigating both Chicago and New York City over their policies and Denver could be next.
“I don’t think this is the last you are going to hear from the Oversight Committee and other committees in Congress on this issue,” U.S. Rep. Lauren Boebert, a Windsor Republican and member of the committee, said in an interview with The Denver Post.
The city and outside legal experts say Denver’s policies are in line with federal law, so they believe there’s little chance criminal charges will be pursued. While Johnston hopes that defense will also protect the city from losing federal funding, officials are treading carefully as they dole out any federal dollars.
But the mayor acknowledges one thing for sure: There’s no real certainty as to what steps the president and Congress will take.
“We don’t have any more information on what comes next,” Johnston said. “I think we will keep going about our business running the city. If there are other questions … we will be responsive, but we don’t have any presumption of what the next steps are.”
A threat of criminal charges
During the hearing, several committee members said they wanted to pursue criminal charges against Johnston and the other mayors who appeared alongside him, from Boston, New York City and Chicago. Whether any cases are opened is ultimately a decision for the U.S. Department of Justice.
“I do not think you guys are bad people, but I do think you are ideologically misled,” said Rep. Anna Paulina Luna, R-Florida, adding that she planned to “criminally refer” them to Attorney General Pam Bondi.
Luna accused Johnston of violating the federal harboring statute, which makes it a crime for anyone who “conceals, harbors or shields from detection, or attempts to conceal, harbor or shield from detection, such alien in any place, including any building or any means of transportation.”
She pointed to Denver’s policy of providing shelter to migrants who came to the city on buses beginning in late 2022 as being the basis for a possible charge against Johnston.
Legal experts say it seems unlikely such a case would hold.
“From what I observed, nobody was concealing, harboring or shielding folks from detection,” said Elizabeth Jordan, a visiting assistant professor at the University of Denver’s Sturm College of Law who specializes in immigration law.
Jordan said she thinks the threats by members of Congress are less of an actionable plan for prosecution and more of a “deliberate strategy” to scare people like Johnston who are supportive of immigrants.
“This is all part of a big rhetorical strategy that they’ve got on the federal level,” she said.
Johnston is also bullish that the city’s ordinances don’t open the city up to legal action.
“We are not in violation of federal law,” Johnston said in an interview. “There are no grounds to pursue prosecutions of our city.”
Under a 2017 ordinance, the city won’t ask anyone about their immigration status or help federal agents from U.S. Immigration and Customs Enforcement. But Johnston said Denver still work with ICE when it comes to violent criminals.
Colorado lawmakers have also passed laws that block some cooperation with ICE, including stopping jails from holding inmates solely at the request of federal authorities. Like in many counties, though, the Denver Sheriff Department will notify ICE when it is about to release someone who federal agents want to detain.
Possible loss of federal funding
The committee could also follow through on threats to divert federal funds away from Denver over the city’s policies. About $150 million of Denver’s $4.4 billion budget for 2025 is federal money.
While the possibility wasn’t a major talking point from Republicans during the hearing, Trump and others have mentioned the option several times.
Rep. James Comer, R-Kentucky, the chair of the committee, opened the hearing by saying Trump’s administration is already taking action against “sanctuary cities.”
“Congress must follow by not allowing a single penny of federal funding to go to cities and states that prioritize criminal aliens over the American people,” he said.
A day after Johnston appeared in D.C., the U.S. Small Business Administration announced it would pull regional offices from Denver and five other larger “sanctuary cities” over their policies.
In an interview after the hearing, Johnston reiterated that he doesn’t think there is any standing for Congress to take away the city’s funding, but said if that did happen, it would have a “profound impact” on the city’s services.
“In every single department, we have dollars at risk,” he said. “Going forward we’re having to be very cautious.”
If Republicans do try to divert federal funds away from Denver, a legal battle could ensue.
“If the Trump Administration moves forward with their threats, we will explore all options, including legal action, to protect the funding Denverites deserve,” said Jordan Fuja, spokeswoman for the mayor.
The last time Trump was in office, he also took on sanctuary city policies. Those efforts were largely stalled by the courts, with the U.S. Supreme Court deciding not to take up at least one of the cases against California. That decision allowed a lower court’s ruling, which upheld the law, to stand.
Boebert said if Denver’s policies remain in place, she would advocate for federal support to be moved to other parts of the state.
Committee members will have time to prepare and direct more questions to the mayors who appeared for possible further investigation.
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