Colorado leaders push back after House Republicans demand immigration records

The Republican-led United States House Judiciary Committee is demanding records from Boulder and Denver counties as part of a congressional investigation into local immigration policies that lawmakers describe as "sanctuary" practices.

In separate letters dated May 20, House Judiciary Committee Chairman Jim Jordan and Subcommittee on Immigration Integrity, Security, and Enforcement Chairman Tom McClintock accused Denver District Attorney John Walsh, Denver Sheriff Elias Diggins, Denver Police Chief Ron Thomas, Boulder County District Attorney Michael Dougherty, and Boulder Police Chief Stephen Redfearn of undermining federal immigration enforcement and prioritizing undocumented immigrants over public safety.

According to the House Judiciary Committee, Denver officials have implemented policies that restrict cooperation with Immigration and Customs Enforcement, including creating limits on honoring ICE detainer requests. Lawmakers cited several recent cases involving undocumented immigrants accused of violent crimes who were allegedly released from custody rather than transferred to federal immigration authorities.

Among the incidents highlighted by the Republican-led committee was the release last year of Abraham Smith Gonzalez, whom federal authorities identified as a suspected Tren de Aragua gang member. Committee Republicans said Gonzalez had been held in Denver on charges including aggravated assault, felony menacing, and motor vehicle theft before being released despite an ICE detainer request. According to the committee, Gonzalez later assaulted an ICE officer during an attempted arrest outside a Denver jail.

House Republicans also claimed that three undocumented immigrants accused of crimes, including child abuse, burglary, assault with a weapon, cocaine distribution, and resisting arrest, remain at large in the Denver area because local agencies did not comply with ICE detainer requests.

Denver District Attorney's Office spokesperson Matt Jablow said, "We were disappointed to receive a Congressional letter today that was riddled with inaccuracies.  We are reviewing the letter's requests now.  The Denver District Attorney's Office is passionately committed to protecting the safety of all the people of the City & County of Denver, and acts on that commitment every single day.

Denver police said in a statement about their letter, "The Denver Police Department follows all federal, state and local laws."

The Boulder letter requests extensive records and communications from the Boulder County District Attorney's Office dating back to March 2018, including correspondence involving Immigration and Customs Enforcement, or ICE, prosecution policies involving non-U.S. citizens, bond practices, and cases in which prosecutors considered immigration consequences during plea negotiations or sentencing recommendations.

Committee leaders specifically criticized policies published by the Boulder DA's Office that state prosecutors may consider "immigration and other collateral consequences" when determining case outcomes. The lawmakers argued those practices could allow undocumented defendants to avoid immigration-related penalties tied to criminal convictions.

"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 states.

The committee also took issue with guidance from the Boulder DA's Office indicating prosecutors may move court dates if there are concerns ICE agents could use those appearances to locate individuals for immigration enforcement.

Lawmakers criticized Dougherty for supporting restrictions on ICE access to Colorado law enforcement license plate recognition technology and accused his office of giving preferential treatment to undocumented defendants in cases involving violent offenses, vehicular fatalities, and sexual assault allegations.

Lawmakers also cited the office's involvement in "Know Your Rights" trainings that discuss ICE operations, legal protections for immigrants, and interactions with local law enforcement.

The committee ordered the DA's Office to turn over seven categories of documents by June 3. The request includes active and closed criminal cases where immigration consequences were considered, communications involving the Boulder County Sheriff's Office and Boulder Police Department, and records tied to post-conviction immigration-related claims.

In response, Dougherty released a statement sharply criticizing the congressional inquiry and defending his office's policies and prosecution record.

Dougherty called the investigation "political theater" and said House Republicans were ignoring failures within the federal immigration system.

"Local district attorneys do not write federal immigration law. Congress does," Dougherty said. "If Washington politicians are serious about immigration enforcement and public safety, they should focus on fixing the broken federal system instead of attacking Colorado prosecutors who are doing the real work of protecting communities."

Dougherty said his office prosecutes violent offenders regardless of immigration status while also working to ensure immigrant victims and witnesses feel safe cooperating with law enforcement.

"Victims of domestic violence and sex assault should be able to call 911 without fear that they will be deported as a result of calling the police," Dougherty said. "And prosecutors should be able to prosecute cases to completion before ICE swoops in, deports a defendant and denies justice for our community."

The district attorney also pointed to his office's recent prosecution in the deadly Boulder firebombing and antisemitic hate crime attack that killed 82-year-old Karen Diamond and injured multiple victims.

According to Dougherty, the suspect in that case was reportedly in the United States illegally after overstaying a visa.

"I am committed to fighting for public safety, supporting victims, and doing justice," Dougherty said. "Congress, on the other hand, has been accomplishing remarkably little."

Dougherty also criticized federal authorities for what he described as failures leading to the attack.

"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.

Dougherty argued the case demonstrates the gap between political rhetoric in Washington and the work done by local prosecutors.

"Congressional politicians can send letters and hold press conferences," Dougherty said. "My office is the one that prosecuted this violent offender, secured a life sentence without parole, and stood with victims throughout this horrific case."

The investigation is part of a broader effort by House Republicans to scrutinize jurisdictions they characterize as limiting cooperation with federal immigration authorities.

The letter was also copied to House Judiciary Committee Ranking Member Jamie Raskin, the committee's top Democrat.