If voters approve Referendum K next month, Colorado will join several states who have sued the federal government about immigration enforcement.
Referendum K “requires the state of Colorado to sue the federal government to demand enforcement of existing federal immigration laws.”
The initiative was created during the special session of the Legislature over the summer to address immigration issues. Proponents of the referendum say it makes a statement to Congress about the importance of immigration laws.
If approved, the Colorado lawsuit would focus on enforcement and would not include recovery of state funds spent on federal mandates. The legal costs are estimated to be about $190,000 a year.
“The federal government has done such a poor job of enforcing (its) own laws that it’s important we send a message that we are tired of bearing the expense and of them not enforcing their own laws,” said state Sen. Sue Windels (Arvada).
Critics argue that it’s a waste of time and tax dollars to pursue a civil case against the federal government, noting at least six other states – including California, Florida, New York, Arizona and Texas – tried and failed in previous legal battles with the federal government over education, incarceration and health care.
“Instead, we should be saying we need a real system that reflects our economic reality and reflects respecting the human rights and human dignity of everyone,” said Gabriela Flora, of the American Friends Service Committee.
Also, critics note, the Legislature already empowered the Attorney General’s office to do all it can to get the federal government to enforce immigration laws and repay the state for money spent on federally mandated services for undocumented immigrants.
“It’s a waste of money and resources,” said Adrienne Benavidez, executive director of Color of Justice which provides non-partisan legal and policy advocacy to communities of color.
The argument that taxpayer dollars could be better spent elsewhere is not lost on former governor Dick Lamm, who supports Referendum K.
“I do think the ability to make a statement outweighs that this lawsuit would be very much swimming upstream,” he said.
Staff writer Elizabeth Aguilera can be reached at 303-820-1372 or at eaguilera@denverpost.com.
