The House Judiciary Committee subpoenaed Boulder County District Attorney Michael Dougherty on Sept. 16 for documents related to his office’s immigration policies, alleging that the office gives “preferential treatment” to “criminal aliens.”
The committee, chaired by Republican Rep. Jim Jordan of Ohio, has sought records since May about the office’s interactions with immigration officials and undocumented residents. The requests include internal documents and communications related to the office’s interactions with ICE, prosecutions of “non-U.S. citizens” and Know Your Rights trainings. Dougherty has until Sept. 25 to respond to the subpoena.
Dougherty is among several local officials the committee has targeted over policies limiting cooperation with federal immigration enforcement. It has also sought records from officials in Denver, Philadelphia and Arlington, Virginia, and subpoenaed the district attorney in Fairfax, Virginia.
So far, Dougherty has not provided any of the requested records. His office told Boulder Reporting Lab that it is actively reviewing the subpoena but would not say whether it intends to comply.
“Congressional Republicans are continuing the same political stunt they started months ago,” Dougherty said in a statement. “I’m not going to be intimidated into abandoning my responsibility to protect public safety, stand with victims, and uphold the law.”
In earlier responses, Dougherty argued that the federal government cannot compel state and local officials to enforce federal immigration law and challenged the committee’s authority to demand the documents. Jordan countered that producing the records would not require the office to enforce immigration law. He also argued that Boulder’s sanctuary city policies trigger Congress’ authority over immigration.
Throughout the summer, Dougherty’s office told the committee it would respond to the requests “to the extent we can do so reasonably,” but has not produced any documents.
Jordan said the committee’s inquiry into Boulder’s policies could inform legislation, including a bill introduced in February that would withhold federal law enforcement and immigration funding from sanctuary jurisdictions. The bill has not passed either chamber.
Much of the committee’s criticism centers on the DA’s policy of considering immigration status when handling low-level, nonviolent crimes.
“Your office’s lenient treatment of foreign national criminals endangers communities and ensures that criminal aliens escape both criminal and immigration accountability for their actions,” Jordan wrote.
Dougherty has said that his office’s consideration of immigration status is intended to ensure that criminal cases move forward and that defendants face consequences in Colorado courts, rather than be deported before their cases conclude.
For example, Dougherty supported a 2019 Colorado bill that reduced the maximum misdemeanor sentence from 365 to 364 days, because a sentence of at least one year can carry immigration consequences, including deportation.
“The people of Colorado still get that one year jail sentence, but it doesn’t carry with it the immigration consequences,” Dougherty said.
He also said he wants victims and witnesses to “be able to report crimes without fearing that doing so will put themselves or their families at risk of deportation.”
The DA’s office has said it does not consider immigration status when prosecuting violent crimes.
State Rep. Junie Joseph issued a statement on Sept. 17 supporting Dougherty’s stance.
“No community should be intimidated simply for following its own laws and protecting the trust between residents and local government,” she said. “I am disappointed to see congressional resources being used to target local officials over policies that are intended to keep our communities safe and ensure that people can seek help from law enforcement without fear.”
