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Trump’s DOJ threatens Colorado with legal action, pulling of federal funding over state’s ‘sanctuary policies’

Attorney General Pam Bondi says in letter Colorado “engages in sanctuary policies that thwart federal immigration enforcement to the detriment of the interests of the United States”
How Colorado law enforcement agencies respond to ICE detainers
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DENVER — U.S. Attorney General Pam Bondi on Thursday threatened Gov. Jared Polis with legal action and the pulling of federal funds if he fails to eliminate state laws the Trump administration believes impede with the president’s plans for mass deportations.

The demand letter, which was also addressed to Colorado Attorney General Phil Weiser, identified Colorado as a jurisdiction that “engages in sanctuary policies and practices that thwart federal immigration enforcement to the detriment of the interests of the United States.”

It requests that Gov. Polis submit a response by Aug. 19 to confirm his commitment to complying with federal law and asks that he identify “the immediate initiatives you are taking to eliminate laws, policies, and practices that impede federal immigration enforcement.”

The letter from Bondi wasn’t just sent to Colorado. At least 12 other states across the county are thought to have received the letter after Bondi singled out California and New York in a social media post Thursday morning.

Bondi’s demand letter states President Trump has directed other federal agencies “to identity and evaluate their statutory authority to issue grants, contracts, and federal funds, to determine where immigration-related terms and conditions may be added” to combat what the administration says is a violation of federal law.

Further, the letter threatens criminal charges against any individual “using their official position to obstruct federal immigration enforcement efforts.”

The demand letter is the second attempt by the Trump administration over the past three months to overturn several state laws which prohibit state and local officials from assisting federal immigration enforcement.

What Colorado laws does the Trump administration take issue with?

Since taking full control of the state government in 2019, Colorado Democrats have passed several laws aimed at making life easier for undocumented immigrants.

In 2019, Polis signed HB19-1124 — one of the most oft cited laws by Colorado Republicans unhappy with the state’s immigration policies. Officially known as the “Protect Colorado Residents From Federal Government Overreach Act,” the law prevents law enforcement officers from arresting or detaining someone on the basis of their immigration status or holding someone past their release from jail just so they can be immediately detained by immigration agents.

While it makes no mention about immigration enforcement, SB20-083 was signed into law just a year later. The law protects individuals from being arrested for civil infractions while they are inside a courthouse or while on their way to or from court proceedings.

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How Colorado law enforcement agencies respond to ICE detainers

In 2021, Gov. Polis then signed SB21-131 into law, which prohibits state employees from looking into a person’s immigration status and sharing that information with U.S. Immigration and Customs Enforcement (ICE), unless it’s to comply with a court-issued subpoena, warrant or order.

Two years later, Polis would sign HB23-1100 into law, which further restricted state cooperation with immigration enforcement officials by prohibiting any state agency or local government from entering into agreements with private entities for the detention of in individuals in immigration detention facilities.

Earlier this year, Polis signed the latest measure expanding protections for immigrants without legal status. SB25-276 prohibits local government officials and employees from sharing personal identifying information about someone’s immigration status with ICE, and limits where immigration agents can go within a public child care facility, school, hospital or library without a warrant signed by a judge.

Is Colorado a sanctuary state?

There is no strict definition for sanctuary policies or sanctuary cities, but the terms generally describe limited local cooperation with ICE.

The Scripps News Group reached out to both the governor’s office and the City of Denver on Thursday to get their respond to Bondi’s letter, but spokespeople for both offices said they had not yet received it.

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Earlier this year, Polis’ office challenged the notion that Colorado is a “sanctuary state” and declined to comment on the lawsuit filed by the Trump administration at the time.

“Colorado is not a sanctuary state. The State of Colorado works with local, state and federal law enforcement regularly and we value our partnerships with local, county and federal law enforcement agencies to make Colorado safer. If the courts say that any Colorado law is not valid then we will follow the ruling," the statement read.