On second thought, don’t go to Washington, D.C., Mayor Mike. ‘Tis a silly place.
That’s what Monty Python’s King Arthur said of Camelot during his quest for the Holy Grail in the 1975 movie classic. The song and dance number in that scene is what we can expect of the U.S. House committee hearing on sanctuary city policies to which four mayors were invited to testify. It may be called a hearing but there won’t be a lot of listening. Mayor Mike Johnston has agreed to go but he should have second thoughts. Better he stays here and urges the Colorado General Assembly to find middle ground on the issue.
The invitation letter Johnston received from U.S. Rep. James Comer, chairman of the U.S. House Committee on Oversight and Government Reform, claims that “Denver is a sanctuary jurisdiction under Colorado law.” It lists as proof the 2019 Colorado law, House Bill 1124, and that “Mayor Mike Johnston confirmed that he was prepared to go to jail to protect illegal aliens from federal immigration authorities.”
Is the committee correct; is Denver a sanctuary jurisdiction? A better question is whether Colorado is a sanctuary state. After all, HB 1124 applies to all state and local law enforcement in Colorado. The law forbids any officer to detain individuals based on an immigration detainer issued by the federal government.
It’s not the only such law enacted over the past couple of years. The legislature also passed bills to prohibit local law enforcement from collecting information about immigration status to provide to federal immigration officers and to prevent state and local governments from entering into contracts with federal immigration agencies.
The majority passed these laws to draw a clear line between state and local law enforcements’ duties and those of immigration officers. Without a clear line, lawmakers were concerned that victims of crimes who are in the country illegally would be reluctant to approach officers to get help. Lawmakers were also concerned that detaining individuals beyond their pre-trial detention or jail sentence violates the 4th Amendment of the Constitution. These concerns are compelling.
Moreover, the laws do not prevent all cooperation. Many jurisdictions notify U.S. Immigration and Customs Enforcement (ICE) agents when inmates are to be released. The Denver Post found seven Front Range sheriff’s offices including those in Denver and Boulder notified ICE of several hundred upcoming inmate releases last year which gave ICE officers the opportunity to place illegal immigrants in their custody.
Concerns that laws are limiting vital communication between local and federal law enforcement, however, are also valid. Retired ICE field office director John Fabbricatore, writing in a Denver Post guest column, described how the law effectively ended the collaboration between ICE and the Denver Sheriff’s office in apprehending dangerous gang members and illicit drug traffickers.
Additionally, in some jurisdictions such as El Paso and Weld counties, sheriffs believe HB 1124 prohibits any notification to ICE regarding the release of illegal immigrants held in their jails. Some jurisdictions are so frustrated that they have gone to court over the law. Douglas County and several other counties sued contending the law violates their right under the Colorado Constitution to contract or cooperate with the federal government. While a judge recently ruled they lacked standing, the counties plan to appeal the decision.
So is Colorado a sanctuary state? Is Denver a sanctuary city? Clearly, HB19-1124 does allow some communication between federal and local authorities. Is it enough? No, the legislature should seek middle-ground legislation that at the very least clarifies that counties can notify federal authorities of inmates prior to their release and counties can work with ICE on apprehending drug traffickers and gang members who are here illegally.
As for Comer’s contention that the mayor’s willingness “to go to jail to protect illegal aliens from federal immigration authorities” proves that Denver is a sanctuary city, that’s just silly.
Johnston has lately walked back a number of emotional and ill-placed statements regarding immigration. He’s just not good at talking smack which is another reason he should not go to the hearing. They will goad him into trying. That’s the whole point of the hearing — to make our mayor look bad.
Krista L. Kafer is a weekly Denver Post columnist. Follow her on Twitter: @kristakafer.
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