To: Honorable Mayor and Members of Town Council
From: David L. Corliss, Town Manager and Michael J. Hyman, Town Attorney
Title
Discussion/Direction: Douglas County Bus Ordinance and Lawsuit
Body
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Executive Summary
At the April 16, 2024, meeting of the Town Council, our office was given direction to explore the potential legal ramifications associated with: (i) adopting an ordinance to limit the unloading of commercially transported passengers in the Town of Castle Rock (the “Anti-Busing Ordinance”) and (ii) joining the lawsuit filed by Douglas and El Paso Counties against the State of Colorado seeking a declaration that Sections 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”).
Background
At their March 12, 2024, meeting, the Douglas County Board of Commissioners adopted Ordinance No. O-024-001 - an Anti-Busing Ordinance to be enforced within the unincorporated County.
On April 15, 2024, Douglas and El Paso Counties announced the filing of the Immigration Enforcement Lawsuit.
Discussion
Anti-Busing Ordinance
Across the country, anti-busing ordinances have been enacted by a number of suburban municipalities located near urban areas receiving migrant buses. The purpose of these ordinances preemptively stop, or at least deter, such buses from coming into their jurisdictions. It should be noted that the City of Chicago, which has also adopted an anti-busing ordinance, has been sued in federal court by a Texas bus company alleging that the ordinance is “unconstitutional” and “punishes” transportation companies who do business with Texas. We will keep Town Council apprised as this lawsuit progresses through the judicial system.
Immigration Enforcement Lawsuit
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. The Town neither owns nor operates a detention facility, nor has it ever been presented with an opportunity to enter into a contract with federal immigration services for any purpose related to the detention of immigrants.
Staff Recommendation
By adopting an Anti-Busing Ordinance in March of this year, the County Sheriff’s Office will have had sufficient time to establish policies and procedures concerning its enforcement. Given the fact that any migrant bus coming into the Town would first have to go through the unincorporated County to arrive at its final destination, we believe it will be more efficient to authorize the County Sheriff to enforce the Anti-Busing Ordinance within Town boundaries. We, therefore, recommend that the Town Council direct Town staff to explore entering into an intergovernmental agreement (IGA) with the County for this purpose.
The Town does not play a role in the type of federal immigration enforcement that would trigger sufficient legal standing to enable it to join the County’s Immigration Enforcement Lawsuit. It is possible, however, that an individual arrested by a Town Police Officer and taken to the County detention facility could be subject of a federal immigration detainer request while in County custody. For this reason, we recommend that the Town Council direct Town staff to prepare a resolution expressing the Town’s strong support and approval of the County’s challenge to the validity of the State immigration legislation.
Proposed Motion
“I move to direct the Town Manager and Town Attorney to draft an IGA between the Town, the Board of County Commissioners, and the County Sheriff that would allow the County Sheriff to enforce the County’s Anti-Busing Ordinance within Town boundaries.”
“I move to direct the Town Manager and Town Attorney to draft a resolution expressing the Town’s strong support and approval of the County’s challenge to the validity of the State immigration legislation for Town Council’s consideration at its upcoming June 4th regular meeting.”