Trump loses lawsuit against Colorado’s sanctuary policy

A federal judge on Tuesday shot down the administration’s lawsuit seeking to puncture sanctuary policies in Colorado and Denver that protect illegal immigrants, saying the feds were trying to commandeer state authorities to do their bidding.

The state laws limited cooperation with deportation “detainer” requests from Homeland Security, hindered information sharing and required police to let illegal immigrants in their custody know they could refuse to talk to federal immigration authorities. Denver’s policy barred federal officers from access to its jails if they were enforcing civil immigration laws.

Federal lawyers said the state and local policies conflicted with U.S. law, and given that the national law is supreme, the local laws must fall.

But Judge Gordon Gallagher, a Biden appointee, said the 10th Amendment guaranteed states freedom of action, and he said the federal interpretation would impinge on that by requiring state and local governments to alter their policing policies.

“Plaintiff seeks to usurp control over Colorado and Denver officials by dictating what the officials can and cannot do,” he wrote. “The federal government does not have the power to direct the Colorado legislature or Colorado state and local officials in such a fashion.”

The ruling is the latest in a string of losses for the Justice Department in challenging state immigration policies.

Judge Gallagher approvingly cited similar decisions in Illinois and New York.

The Trump administration did have one victory in California, where a judge blocked the state from carrying out a law that purported to ban uniformed Homeland Security officers from wearing masks while carrying out their duties.

Denver’s sanctuary policies came under scrutiny last year after county authorities refused to allow U.S. Immigration and Customs Enforcement officers into its jail to pick up Abraham Gonzalez, a 23-year-old illegal immigrant from Venezuela.

ICE was forced to try to apprehend Mr. Gonzalez in the jail parking lot, and officers approached him as he made a run for it. An officer tried to block his way and authorities say Mr. Gonzalez bowled him over.

Confronted about the incident during a congressional hearing last year, Denver Mayor Michael Johnston acknowledged some “adjustments” might be needed.