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El Paso County Commissioners proposing to sue state over ‘unconstitutional immigration laws’

EL PASO COUNTY, Colo. (KRDO) -El Paso County commissioners are considering suing the state of Colorado over what they're calling "unconstitutional" immigration policies. 

    If commissioners go through with this, it would attempt to reverse laws that prohibit local law enforcement from informing U.S. customs and immigration enforcement (ICE) that they have undocumented immigrants in the local jail.

One El Paso County Commissioner, Carrie Geitner said this potential lawsuit would take aim at the sanctuary laws in Colorado. Specifically, ones that stop our sheriff's office from working with ICE when it comes to detaining and alerting federal authorities about an undocumented immigrant.

"My perspective, this is it actually keeps El Paso county from being able to make sure our community is safe," said Geitner.

Gietner said it's a safety risk that the El Paso County Sheriff’s Office, can not work  with federal partners, such as ICE. Colorado law, as it currently stands doesn't allow law enforcement to uphold the laws of the constitution, or  collaborate efforts to arrest, detain, and deport undocumented residents, according to Gietner.

"I think we've seen a lot of the national news related to what happens when we have folks who are committing crimes and we're not able to work with immigration officials," said Geitner .

    If passed, the resolution would authorize El Paso County to join a planned lawsuit with Douglas County.

KRDO13 asked Gietner if there's any indication that illegal immigrants are committing crimes here in El Paso County. She said there is not. 

"We certainly don't want to wait until that does happen to start saying, hey, we have a problem with the laws here in Colorado," said Gietner.

   El Paso County Sheriff, Joe Roybal posted a youtube video last month regarding his stance on some immigration polices. He said he can not hold an immigrant even if he believes they're a flight risk. 

" If an undocumented immigrant posted after the accused of the crime. i'm not allowed to work with ice at one identifying this person or to potentially placing the hole in fear of a flight risk," said Roybal.

Last year, 13 investigates interviewed rep. Lorena Garcia, a sponsor behind the bill that banned ice from entering into agreements  with local law enforcement. She said local agencies don't have enough resources as it is.

RELATED: ‘The ICE mission continues,’ 13 Investigates asks ICE how bill to ban facilities would impact them

"Our local law enforcement don't have enough resources to provide the local law enforcement services that our communities deserve," said Garcia in an interview back in 2023.

On Tuesday, El Paso County Commissioners will vote on whether to join the lawsuit. KRDO13 is planing on covering the meeting. A spokesperson for the sheriff's office said they plan on having a press conference about the agenda item on Wednesday.

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Barbara Fox

Barbara is a reporter based out of Pueblo for KRDO NewsChannel 13. Learn more about her here.

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