Exclusive: Denver mayor calls DOJ immigration suit legally baseless
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Denver Mayor Mike Johnston testifies during a House Committee on Oversight and Government Reform hearing titled "A Hearing with Sanctuary City Mayors" on March 5 in Washington, D.C. Photo: Nathan Posner/Anadolu via Getty Images
Mayor Mike Johnston tells Axios Denver the Trump administration has "no grounds" to sue the city or state over its so-called "sanctuary" immigration policies — and says Denver won't be intimidated.
Why it matters: Colorado and its capital city are a national test case for how far the federal government can push cities and states to enforce immigration policy. Johnston's defiant tone signals that Denver won't fold quietly, if at all — even under legal fire and political pressure.
What he's saying: "There is no law that Denver has broken," Johnston said in an interview with Axios Denver on Saturday.
- He resists the "sanctuary city" label, instead arguing that Denver strikes a careful balance — avoiding immigration status checks to protect civil liberties, staying within the bounds of federal law and cooperating with ICE, particularly with detainer requests.
- Johnston says Denver has complied with federal immigration authorities for years and draws sharp distinctions between his city and other cities and states that face similar legal action by the DOJ — including New York state as well as Illinois and Chicago — for not cooperating.
- Unlike those jurisdictions, Johnston explains, neither Denver nor Colorado shield immigration status from ICE because they never ask for it in the first place.
- "If [ICE] contacts us and says, 'You have John Smith in custody — when is he being released?' We notify them of the release date," Johnston says. "We've done that more than 1,200 times over the last decade."
Driving the news: The U.S. Department of Justice on Friday sued Colorado and Denver in U.S. District Court, claiming its so-called "sanctuary" laws — which limit cooperation with ICE unless there's a judicial warrant — are "disastrous policies" that interfere with federal enforcement and violate the Constitution's Supremacy Clause, per court records obtained by Axios Denver.
- The filing cites a viral 2024 video depicting alleged Tren de Aragua gang members storming apartments in Aurora. The gang's U.S. "foothold," the suit claims, is "the direct byproduct" of Colorado's immigration policies.
- The suit also names Colorado Gov. Jared Polis, Attorney General Phil Weiser, Johnston, the state Legislature, Denver City Council, the Denver Sheriff Department and Denver Sheriff Elias Diggins.
Zoom in: The DOJ is challenging five key local laws:
- HB19-1124 – banning law enforcement from honoring ICE detainers unless there's a judicial warrant.
- SB21-131 – blocking agencies from sharing biometric and immigration data with ICE.
- HB 23-1100 – prohibiting local governments from entering new contracts with ICE for immigration detention.
- Denver's ordinance 940-17 and executive order 142 – barring city employees from aiding civil immigration enforcement or allowing ICE into jails without a judge's sign-off.
State of play: The lawsuit comes two months after Johnston testified before the House Oversight Committee, where he was threatened with jail time and referred to the DOJ by Rep. Anna Paulina Luna (R-Fla.) for criminal investigation over Denver's immigration policies.
- It also arrives days after the Trump administration rescinded $24 million in grants that would have helped the city offset migrant shelter costs.
What we're watching: Whether the DOJ's case survives legal scrutiny.
- U.S. Rep. Diana DeGette (D-Denver) tells Axios Denver she's confident the lawsuit is "illegal" and bound to fail.
- How much Denver taxpayers may have to cover if the city brings in outside counsel remains unknown.