The U.S. House Committee on the Judiciary has requested records and information from Boulder County and the City of Boulder about their sanctuary city immigration policies, alleging that Boulder is endangering communities by refusing to cooperate with immigration enforcement.
The committee’s chairman, Republican Rep. Jim Jordan of Ohio, issued letters on May 20 to Boulder County District Attorney Michael Dougherty, County Sheriff Curtis Johnson and Boulder Police Chief Steve Redfearn. Other sanctuary cities, including Denver, Philadelphia and Arlington, Virginia, have received similar requests for information in recent weeks. The committee says the letters are part of its oversight of federal immigration policies and that Boulder’s response will “inform potential legislative reforms to address sanctuary policies.”
In a statement, Dougherty called the letter “political theater that ignores serious failures within the federal immigration system.”
The City of Boulder declared itself a sanctuary city after Trump took office in 2017. The ordinance states that city employees, including police, will not cooperate with federal authorities to investigate a person’s immigration status, and that city resources will not be used to detain anyone based on their suspected immigration status. The county has similar policies.
The letters from the congressional committee requested internal documents and communications related to officials’ interactions with ICE, prosecutions of “non-U.S. citizens,” Know Your Rights trainings on how to interact with ICE, and the number of ICE detainers each law enforcement agency has declined, according to Dougherty’s letter and Colorado Politics.
The letter asked Boulder officials to provide responses by June 3.
Boulder’s sanctuary city policy
Boulder’s ordinance states that undocumented people pay taxes and are therefore entitled to city services, like police and firefighting services, public libraries and rec centers, but may choose not to do so out of fear that local officials will cooperate with federal immigration authorities. The sanctuary city policy is intended to address this concern.
Boulder County Sheriff Curtis Johnson has said that county officers will not enforce federal immigration laws and do not actively share information with ICE about individuals in the Boulder County Jail for similar reasons.
In March, a federal judge ruled that the federal government cannot compel localities to enforce immigration laws, dismissing a case from the Department of Justice against the City of Denver over its immigration policies.
“State implementation and enforcement of the federal immigration scheme is necessarily voluntary,” Judge Gordon P. Gallagher wrote in his ruling. “Federal law permits the federal government to contract with state and local governments to further federal immigration enforcement, but does not require such.”
District Attorney’s policies and response
In its letter to Dougherty, the committee called out specific DA policies that it claimed gave “preferential treatment to aliens.” Those included the DA’s willingness to move court dates for defendants who fear immigration officials could use those appearances to locate them; Dougherty’s suggestion that Flock, an automatic license plate reader company, restrict ICE’s access; and the fact that his office considers immigration status when sentencing some non-violent crimes.
The congressional committee objected to this practice, saying the policies “aim to shield criminal aliens from accountability and ultimately imperil Colorado communities.”
“Under your office’s pro-crime, pro-illegal immigration policies, illegal alien criminals are
allowed to freely operate, terrorize local communities, and reoffend without consequences,” the letter reads.
Separately, earlier this year, in response to an aggressive campaign to detain and deport immigrants in Minneapolis, Dougherty also reissued guidance about how to respond to Immigrations and Customs Enforcement officers, telling residents to call the police if ICE agents try to enter their homes without a warrant. Both Boulder Police and the Boulder County Sheriff’s Office confirmed they would respond to those calls.
In a press release, the DA’s office said it “prosecutes violent criminals regardless of immigration status and follows Colorado law while prioritizing public safety.”
“I am committed to fighting for public safety, supporting victims, and doing justice. Congress, on the other hand, has been accomplishing remarkably little,” Dougherty said in a statement.
Dougherty also argued that federal failures contributed to the June 1 firebombing attack on Pearl Street. Prosecutors said Mohamed Soliman used Molotov cocktails and incendiary devices to attack demonstrators calling for the release of Israeli hostages before later pleading guilty in state court to murder and dozens of other charges.
“Also, federal systems failed to stop the firebomber before innocent people were harmed, even when his attempted purchase of a firearm was denied due to his immigration status,” he said. “After the attack, I worked with our law enforcement partners, fought for the victims, and secured justice.”
The Boulder Police and Sheriff’s Office both requested more time to review their letters before responding to Boulder Reporting Lab’s questions. Both the city and county governments have defended sanctuary city policies in the past.
Last May, county commissioners emphasized that the 10th Amendment “prevents the federal government from forcing states to use their own resources to enforce federal statutes, including immigration laws.”
“If being a ‘sanctuary jurisdiction’ means that we support due process of law and human rights, then we are proud of that moniker,” the statement from commissioners reads.
