In Colorado, a major county is taking action against a state “sanctuary” law deemed “unconstitutional” after it resulted in repercussions for sheriff’s deputies who collaborated with federal immigration enforcement.
The Mesa County Commission is set to file a lawsuit challenging this Democratic-led law, which restricts local law enforcement from sharing information about undocumented immigrants with federal agencies. This decision follows a legal dispute where state authorities took action against Mesa County Sheriff’s deputies for their support of the Immigration and Customs Enforcement (ICE), leading to the removal of one deputy from his position.
“The Constitution clearly states that immigration falls under federal jurisdiction, and it shouldn’t be undermined by conflicting state laws,” Mesa County Commissioner Bobby Daniel said. “Our countersuit is about upholding that principle, safeguarding our officers, and ensuring that all counties in Colorado can uphold the rule of law.”
The sanctuary law controversy in Colorado, which has drawn attention from the Trump administration, could have broader implications across the nation.
In May, Colorado Democrats passed SB 25-276, prohibiting law enforcement from sharing personal information about foreigners with ICE for investigative or enforcement purposes. This move was met with intense opposition from the minority Republican party, which argued that such policies would encourage illegal immigration and compromise public safety.
Governor Jared Polis has signed various measures that limit cooperation between local law enforcement and federal immigration authorities. Currently, the Department of Justice identifies Colorado as a sanctuary state.
On June 5, shortly after the law took effect, details emerged regarding a Mesa County Sheriff’s Deputy, Alexander Zwink, who had interacted with a driver, Caroline Dias Goncalves. She was a Brazilian citizen living in the U.S. on an expired visa. Although deputies initially let her go, they shared her details in a group chat with federal immigration officials, leading to her quick detention by ICE.
Activists have rallied in support of Goncalves, who is seen as a “dreamer” due to her early arrival in the U.S., and efforts to fundraise for her legal support have emerged. Colorado Attorney General Phil Weiser has escalated the situation by filing a lawsuit against Zwink for allegedly violating the Sanctuary Act.
The lawsuit aims to declare that Zwink overstepped his authority by sharing personal information for the benefit of federal immigration enforcement, and it calls for an injunction to prevent similar actions in the future. Additionally, the attorney general’s office could seek hefty fines for each violation of the Sanctuary Act.
While the Sheriff’s Office confirmed Zwink’s resignation, they declined to comment further. Zwink’s attorney did not provide any feedback when approached.
Following Zwink’s resignation, Weiser withdrew the lawsuit, but the ongoing legal tussle between Colorado Democrats and Mesa County remains unresolved.
On August 5, the Mesa County Commission unanimously approved a countersuit against Weiser and Polis, aimed at safeguarding local employees. Commissioners indicated that they will continue this legal battle regardless of whether Zwink resigned or if the lawsuit was dropped.
According to Daniel, the attorney general’s withdrawal from this specific case doesn’t eliminate the lingering uncertainty for local law enforcement. “Agents lack clear guidance, and public safety is at risk,” he remarked. “That’s why we believe clarity through the courts is essential.”
Daniel added, “This isn’t just political; it’s about the ability of local law enforcement to carry out their duties without fear of financial penalties or selective prosecution from the Attorney General, who is aiming for the governor’s office.” Despite assertions that Colorado isn’t a sanctuary state, the administration’s actions tell a different story.
Colorado’s sanctuary laws have come under scrutiny following serious criminal incidents. In 2024, various criminal activities involving immigrant gangs have drawn attention, exacerbating existing tensions surrounding the state’s policy.
In June of that year, a man disrupted a demonstration in Boulder while brandishing makeshift weapons, later confirmed to be an undocumented individual from Egypt. Such incidents have intensified criticisms of the sanctuary policies.
A spokesperson from the attorney general’s office declined to comment on the lawsuit, summarizing their position as “to speak in court documents.”
In light of the current circumstances, Mesa County officials contend that the sanctuary laws hinder local law enforcement efforts and pose risks to community safety. “Zwinck’s resignation is a personnel matter, but the larger issue remains. Colorado’s sanctuary law is vague, punitive, and I believe unconstitutional,” Daniel emphasized. “We’re effectively hindering representation and collaboration with federal partners across various investigations, not just immigration.”
He concluded, “Such laws don’t enhance community safety; they weaken it.”
