How Denver won't — and will — cooperate with ICE
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A pro-immigrant banner hangs at the City and County Building in Denver in February 2018. Photo: Steve Nehf/The Denver Post via Getty Images
Denver's mayor, police and chief prosecutor are standing firm against working with federal immigration authorities to fulfill President Trump's controversial deportation plan.
Why it matters: The U.S. Department of Justice has threatened to prosecute officials who resist the president's immigration crackdown.
Driving the news: On Monday, U.S. House Oversight and Government Reform Committee Chair James Comer (R-Ky.) announced Denver was one of four sanctuary cities — along with Boston, Chicago and New York City — under investigation for their policies and impact on public safety and federal immigration enforcement.
- In a letter to Denver Mayor Mike Johnston, Comer highlighted Johnston's public remarks expressing a willingness to face jail time to oppose deportation efforts the mayor deems illegal.
- Comer called on Johnston and the three other city mayors to testify at a committee hearing on Feb. 11.
- In a statement provided to Axios Denver, Johnston didn't commit to testifying, saying instead he would focus on managing "the consequences of [Congressional Republicans'] failure to act" to address "our broken immigration system."
State of play: Denver police won't have officers help enforce civil federal immigration laws, following both local and state mandates, the agency told us in a statement.
Reality check: Officers will arrest people who commit crimes regardless of immigration status.
- However, Denver police don't ask crime victims or witnesses about immigration status to foster trust and encourage reporting.
The big picture: Denver's cooperation with federal immigration authorities remains limited.
- The city agrees to share release dates for violent offenders who are undocumented and in city custody, but it draws the line at broader enforcement, Johnston told the New York Times.
What they're saying: "We honor those requests when they come from the federal government, but we are not going to do ICE's job for them," Johnston told the Times.
Behind the scenes: The City Attorney's Office, under Johnston's leadership, has sought outside legal counsel since January 2024 to ensure compliance with federal, state and local immigration laws, Axios Denver has learned.
Zoom out: New Denver District Attorney John Walsh told us he's committed to enforcing the law equally, while weighing the "collateral consequences" of charging decisions — particularly their potential to accelerate deportation.
- "We're about to enter into … a new world" for immigration enforcement, Walsh warned, and "time will tell how that's going to play out." In the meantime, he intends to "look at cases individually and do our best to be fair," he said.
Meanwhile, Denver Health, the city's publicly funded safety-net hospital, reiterated its protocols to staff in early January regarding visits from ICE officials, spokesperson Dane Roper told Axios Denver.
- Roper declined to disclose the internal guidelines, citing confidentiality, but the hospital affirms publicly that personal information is safeguarded by patient privacy laws and is shared with local law enforcement or ICE only when legally mandated by a court order or warrant.
What we're watching: How long local leaders can strike the delicate balance between defying federal pressure and staying within the bounds of law.
Go deeper: Why Trump won't be deporting "millions" of criminals