Congress threatens Denver mayor with jail over immigration policies
Add Axios as your preferred source to
see more of our stories on Google.
Denver Mayor Mike Johnston testifies during a House Committee on Oversight and Government Reform on Capitol Hill in Washington, D.C, on Wednesday. Photo: Saul Loeb/ AFP via Getty Images
Mayor Mike Johnston rejected the notion of Denver being a sanctuary city as he battled a barrage of GOP attacks Wednesday during a combative U.S. House Committee on Oversight and Government Reform hearing on immigration.
Why it matters: A "sanctuary city" label could have major consequences for Denver, with Republicans threatening to pull federal funding and pursue criminal charges against Johnston.
State of play: Committee chairman James Comer (R-Ky.) defined sanctuary cities as those with policies that "violate federal immigration law by protecting criminal aliens at the expense of the American people" and those that "refuse to cooperate with federal immigration enforcement efforts and harbor illegal aliens."
Driving the news: Johnston, alongside the mayors of Boston, Chicago, and New York, faced a nearly six-hour grilling from 60 lawmakers — many demanding a yes-or-no answer on whether their cities shield undocumented immigrants and violate federal law.
- Johnston resisted the sanctuary label, describing Denver instead as a "welcoming city" that offers services to all while working with federal authorities to pursue violent criminals.
- He cited the city's coordination over the past seven years with U.S. Immigration and Customs Enforcement's 1,226 "detainer requests," which ask for notification as early as possible before releasing what the agency calls "a removable alien."
Flashback: Denver received 42,000 people from the southern U.S. border in just 18 months starting in 2022 — the largest per capita influx of any U.S. city, Johnston said.
- At the peak of the crisis, up to 11 buses a day arrived, dropping off as many as 300 people — mostly women and children.
- The city has spent $79 million over two and a half years to support them, Johnston told lawmakers.
Zoom in: The hearing was heated at moments, with Johnston being singled out more than the other mayors at the onset. Here's a look at some of the top flashpoints:
1. Jail threat. Rep. Clay Higgins (R-La.) warned, "One of you said you're willing to go to jail. We might give you that opportunity."
- That was a direct reference to Johnston's past remarks about risking incarceration rather than participating in mass deportations he considers unconstitutional.
2. DOJ referral. Rep. Anna Paulina Luna (R-Fla.) announced plans to "criminally" refer all four mayors to the U.S. Department of Justice for investigation, claiming their policies harm Americans.
3. ICE incident. Rep. Jim Jordan (R-Ohio) and Rep. Jeff Crank (R-Colo.) slammed Johnston over a recent case where Denver gave ICE less than two hours' notice before releasing a suspected Venezuelan gang member from jail — who then assaulted an ICE officer in the jail's parking lot.
- Johnston called it an anomaly and said he's open to revising release protocols.
4. Boebert confrontation. In their first face-to-face meeting, Rep. Lauren Boebert (R-Colo.) tried to push Johnston into admitting the need to repeal state immigration laws she opposes.
- She also accused him of hiring former Biden White House counsel Dana Remus to "cover your ass."
5. Calling out Congress. In his opening statement, Johnston pressed Congress to pass comprehensive immigration legislation.
- "Americans expect us to do more than point fingers. They expect us to solve problems," he said. "So if Denver can … manage a crisis we didn't choose or create, it seems only fair to ask that the body that is actually charged with solving this national problem — this Congress — [to] finally commit to do the same."
What we're watching: Whether the DOJ goes forward with the investigation, as Luna is requesting.