"We're not sure if they don't understand the laws or just don't want to follow them," Denver Mayor Mike Johnston says in a statement about the lawsuit today, August 26. "Denver has never violated federal statute. We're not changing our laws, we're not changing our values, and we're not backing down from this meritless lawsuit. The federal government will not be successful in bullying Denver."
The City of Denver filed its countersuit on Monday, August 25, claiming that the DOJ only aims "to conscript Denver into helping the current federal administration achieve its political objectives regarding civil immigration enforcement." Denver's city attorneys argue that both federal and local immigration laws aren't impeding each other, and that the DOJ's lawsuit "lacks merit," according to an announcement from the Denver mayor's office.
The DOJ first sued in early May against elected offices across Denver and the State of Colorado, including Governor Jared Polis and Colorado Attorney General Phil Weiser, as well as the mayor, Denver City Council and the Denver Sheriff's Department. The lawsuit, filed in the U.S. District Court in Colorado, alleges that Colorado and Denver's "sanctuary laws" interfered with federal immigration enforcement and violated constitutional law.
In particular, three state laws and two city ordinances are called out by the DOJ's lawsuit. At the state level, the Trump administration targets a 2019 law that prohibits state and local law enforcement from arresting people for federal immigration cases, a 2021 law banning state employees from sharing personal information with federal immigration authorities and a 2023 law that prohibits state and local governments from agreeing to keep immigrants imprisoned for federal authorities.
Denver's "Sanctuary City" Status
At the city level, the DOJ seeks to invalidate the 2017 Public Safety Enforcement Priorities Act, which is considered the main reason Denver is a "sanctuary city" by the Trump administration. The ordinance bars city employees, including police, from sharing information with federal immigration authorities.Since Trump returned to office, Denver's sanctuary status has led to several lawsuits and funding cuts from the federal government. The "sanctuary city" or "sanctuary jurisdiction" labels are defined by the Trump administration as jurisdictions that don't work with federal immigration authorities like Immigration and Customs Enforcement (ICE), the agency that arrests and deports immigrants. On August 5, the DOJ put out a list of "sanctuary jurisdictions" that included Denver and Colorado.
Johnston and former mayor Michael Hancock have both used the term "welcoming city" to describe Denver instead of the politically loaded "sanctuary city" while Trump has been in office. The DOJ's lawsuit also seeks to undo a 2017 declaration by former Mayor Michael Hancock stating that Denver is a "safe and welcoming city for all," even though it didn't do anything except create a slogan.
Earlier this year, Johnston was hauled to a congressional hearing in March by Republicans after he said he would have a "Tiananmen Square" moment with ICE if needed.
Earlier this year, Johnston was hauled to a congressional hearing in March by Republicans after he said he would have a "Tiananmen Square" moment with ICE if needed.
Denver's motion to dismiss the DOJ lawsuit came less than a week after the Justice Department's deadline for "sanctuary jurisdictions" to either comply with federal law or face legal action. However, Colorado is not part of the motion to counter the suit; only Denver officials are.
Governor Polis responded to the letter last week by denying that Colorado is a sanctuary state. In an August 19 letter, Polis wrote that "Colorado fully cooperates with federal authorities in identifying, apprehending and prosecuting criminals — regardless of immigration status."Colorado Governor's Response to DOJ
"I continue to be frustrated by the administration's mislabeling of Colorado despite conclusive evidence to the contrary," he argued. "Colorado is not a sanctuary state."
In January, Polis faced backlash for welcoming cooperation with ICE in deporting violent criminals. He dealt with heavier pushback when he ordered state employees in May to hand over personal information to ICE, which led state employees to file a lawsuit in June. A judge issued an injunction to block Polis's orders later that month as a lawsuit challenging the governor's order goes through court.
Denver Lawsuits Against Trump Administration
The City of Denver is involved in four other lawsuits against the Trump administration, all for withholding money due to Denver's policies against working with ICE. In May, the city joined a lawsuit to claw back $24 million in federal reimbursements for handling the influx of migrants into the city.A couple of weeks later, it sued the federal government for freezing $300 million in transportation funding. In June, the city sued to receive counterterrorism funding, including nearly $300,000 to monitor threats at large events, and then in July, sued to stop the Trump administration from withholding any more funding from the city because of its "sanctuary city" designation.
All four lawsuits are ongoing, but Denver has seen some success so far. A federal judge issued a preliminary injunction in June to free up transportation funding, and the Trump administration started handing over $500,000 in counterterrorism funding after that June lawsuit was filed.
Last month, the City of Chicago and State of Illinois won a countersuit similar to Denver's most recent filing by arguing that the Trump administration is violating states' rights.
