As gang violence linked to illegal immigration rises in Colorado, six counties have filed a lawsuit against the state, claiming a new law undermines their efforts to address migrant-related crime.
El Paso, Elbert, Garfield, Mesa, and Rio Blanco counties have joined Douglas County in challenging a state law that restricts local law enforcement from coordinating with U.S. Immigration and Customs Enforcement (ICE). This conflict has intensified as at least one suburb of Denver experiences an unprecedented surge in transnational gang activity, including a recent takeover of an apartment complex by armed migrants.
The counties argue that HB119-1124, which bars local governments from cooperating with federal immigration enforcement, infringes on both the state constitution and the U.S. Supremacy Clause, which mandates that federal laws take precedence over state laws.
“Our local law enforcement needs to communicate with immigration officials,” said Douglas County Commissioner Abe Laydon. “We’ve seen a significant rise in property crimes, assaults, and trafficking, particularly involving Venezuelan cartels.”
El Paso County Commissioner Carrie Geitner expressed frustration, stating, “Colorado’s policies leave us feeling ill-equipped. It’s incredibly frustrating.”
State Legislation and Gang Violence
In 2019, the Colorado House of Representatives passed the bill with a 36-28 vote, with nearly all Republicans and some Democrats opposing it. The state Senate approved the bill in May of the same year, also along party lines, with a 20-15 vote and one Democrat in opposition.
The counties are also contesting HB23-1100, which prevents local governments from forming agreements with ICE to circumvent the law. This legislation followed a legal challenge against Teller County, which had established a 287(g) agreement with ICE. Colorado’s appeals court ruled this practice illegal under state law.
Geitner criticized Denver’s policies, saying, “We warned Denver about potential problems. It’s alarming to see issues spreading, and we’ve been sounding the alarm for years.”
Gang Control in Aurora
Aurora, a city in Douglas County, has reported that the Venezuelan gang Tren de Aragua has gained a significant presence, controlling entire apartment complexes. Recently, videos surfaced showing armed gang members storming an Aurora apartment complex, leading to a shootout in the parking lot.
Aurora City Council member Danielle Jurinsky condemned the situation, accusing local media of downplaying the issue. “Parts of the city are under gang control,” Jurinsky said. “I believe politics are compromising public safety. Nothing is being done for the citizens affected.”
Local Responses and Federal Involvement
Counties involved in the lawsuit have implemented their own measures to counteract the influx of migrants. Douglas County, for instance, has banned unscheduled buses from stopping in their area, imposing fines of up to $1,000 per bus.
El Paso County Commissioner Stan VanderWerf criticized the law’s restrictions, noting, “It’s nonsensical for law enforcement agencies to be restricted from working with immigration authorities. We used to be able to coordinate with ICE on cases, but now we face hurdles.”
VanderWerf recounted a recent case where a man arrested for child molestation, who was later found to be an illegal immigrant, was released after paying bail. “We have no idea where he is now,” VanderWerf said.
Geitner expressed hope that the national attention on Aurora’s gang issue might prompt state and federal action. “It’s frustrating that local media often ignore these problems. We need state and federal authorities to address the border situation and its impacts on our communities,” Geitner said.
Call for Federal Action
Chris Swecker, former head of the FBI’s criminal investigation division, has called for increased federal involvement. “The influx of gang members was predictable and preventable. Federal agencies must collaborate and treat this as an international crime problem,” Swecker said.