Douglas County officials sue Colorado over U-visa law enforcement

Douglas County Sheriff Darren Weekly and District Attorney George Brauchler filed suit Wednesday challenging the constitutionality of Colorado’s 2021 House Bill 1060 and seeking an injunction to prohibit further enforcement of House Bill 1061. The complaint names Gov. Jared Polis, Attorney General Phil Weiser, Director of Public Safety Stan Hilkey and Division of Criminal Justice Director Matt Luan.

The complaint centers on provisions that set time frames for completing or denying U-Visa applications, bar law enforcement from disclosing certain information about U-Visa recipients to federal immigration authorities, and require law enforcement to provide crime victims with information about the U-visa. U visas, formally U nonimmigrant status, are designed for victims of certain crimes who have suffered mental or physical abuse and are assisting in the detection, investigation or prosecution of that crime.

Brauchler and Weekly argue the statute improperly interferes with federal immigration law and restricts the discretion of state officials. The complaint says the law prevents officials from considering factors required under federal law, including whether the applicant possesses meaningful, prosecutable information relevant to cases in local courts. Brauchler framed the statute as a forced administrative outcome rather than a tool for tailored prosecutorial use. “This misguided law attempts to force Colorado officials to rubber-stamp U-Visa applications, instead of exercising independent judgment as to which cases warrant the use of these powerful and scarce tools,” said Brauchler. “The legislature has again injected politics into immigration law by converting this valuable tool for law enforcement into a ‘golden ticket’ to stay in America, even if the non-citizen can do nothing to hold a bad guy accountable or improve public safety.”

Weekly emphasized consequences for cooperation and credibility between local and federal authorities. “This statute sets a dangerous precedent by forcing law enforcement to certify immigration applications even when the facts don’t support it,” he said. “When politicians dictate outcomes and silence honest assessments, it erodes truth in the justice system and compromises public safety. Decisions about cooperation and credibility should be made by law enforcement professionals – not mandated by statute.”

For Douglas County residents the case touches on competing priorities: protecting crime victims, preserving prosecutorial and policing discretion, and managing interaction with federal immigration authorities. If the court grants the requested injunction, statutes limiting disclosure and setting processing rules could be suspended locally while the constitutional challenge proceeds. If the court upholds the statutes, law enforcement agencies will need to adapt policies on victim outreach and federal cooperation.

The lawsuit marks another front in state-local disputes over immigration-related policy and law enforcement authority. Residents should expect litigation to proceed in state court in the coming months, with potential implications for reporting of crimes, victim services, and how local officials coordinate with federal immigration authorities.