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File #: RES 2024-061    Version: 1 Name:
Type: Resolution Status: Passed
File created: 6/11/2024 In control: Town Council
On agenda: 6/18/2024 Final action: 6/18/2024
Title: Resolution of the Town Council of the Town of Castle Rock Expressing Their Strong Support for the Lawsuit Filed by Douglas County Against the State of Colorado Seeking a Declaration that Recent Laws Enacted by the Colorado General Assembly Prohibiting Local Government Cooperation with Federal Immigration Officials are Unconstitutional
Attachments: 1. Resolution, 2. Staff Presentation

To:                     Honorable Mayor and Members of Town Council

 

Through: David L. Corliss, Town Manager

 

From:                     Michael J. Hyman, Town Attorney

 

Title

Resolution of the Town Council of the Town of Castle Rock Expressing Their Strong Support for the Lawsuit Filed by Douglas County Against the State of Colorado Seeking a Declaration that Recent Laws Enacted by the Colorado General Assembly Prohibiting Local Government Cooperation with Federal Immigration Officials are Unconstitutional

Body

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Executive Summary

 

Pursuant to the direction given by the Town Council at its May 7, 2024, meeting, the Town Attorney’s Office has drafted the proposed resolution of support for the lawsuit filed by Douglas and El Paso Counties against the State of Colorado seeking a declaration that the laws enacted by House Bill 19-1124 and House Bill 23-1100 (§§ 24-76.6-102, 24-76.6-103 and 24-76.7-103, C.R.S.), which limit the ability of local governments to cooperate with federal immigration officials, are unconstitutional (the “Immigration Enforcement Lawsuit”).

 

History of Past Town Council, Boards & Commissions, or Other Discussions

 

On April 15, 2024, Douglas and El Paso Counties announced the filing of the Immigration Enforcement Lawsuit.

 

At the April 16, 2024, Town Council meeting, the Town Attorney’s Office was given direction to explore the potential legal ramifications associated with joining the Immigration Enforcement Lawsuit.

 

At the May 7, 2024, Town Council meeting, the Town Attorney and the Town Manager recommended that the Town Council adopt a resolution of support for the Immigration Enforcement Lawsuit.

 

Discussion

 

The Immigration Enforcement Lawsuit challenges two pieces of legislation adopted by the Colorado General Assembly in the last five years.  The first, House Bill 19-1124, prohibits law enforcement officers from cooperating with federal immigration enforcement authorities on civil federal immigration detention requests.  The second, House Bill 23-1100, prohibits state and local governments from contracting with the federal government for purposes related to immigration detention facilities.

 

Staff Recommendation

 

The Town Attorney and the Town Manager recommend that the Town Council adopt the proposed resolution.

 

Proposed Motion

 

I move to approve the resolution as introduced by title.

 

I move to approve the resolution as introduced by title, with the following conditions: __________________.

 

I move to continue the resolution to the Town Council meeting on __________.

 

Attachments

 

Attachment A:  Resolution