The Colorado Court of Appeals has affirmed the dismissal of a lawsuit brought by Douglas County and the Douglas County Sheriff challenging state restrictions on immigration detention agreements, ruling the plaintiffs lacked standing to pursue their claims.
In Douglas County v. Colorado, the court considered a constitutional challenge to House Bill 23-1100, which prohibits state and local governmental entities from entering into or renewing agreements to detain individuals for federal immigration purposes in facilities operated in part by private entities. The county argued the law violated provisions of the Colorado Constitution governing intergovernmental contracting authority and legislative drafting requirements.
The appellate court upheld the district court’s dismissal, concluding Douglas County failed to show an injury to a legally protected interest. The court reasoned that counties possess only those powers granted by the state, and the legislature may define or limit the scope of activities that counties are authorized to undertake, including contracting authority.
The court also rejected the county’s argument under Article V, Section 24 of the Colorado Constitution, finding that House Bill 23-1100 did not amend existing statutes by reference to their titles only but instead enacted a separate statutory scheme imposing new restrictions on immigration detention agreements. The ruling leaves the statute in effect.