DENVER—A federal judge Friday threw out a lawsuit by the state alleging the government failed to do enough to stop illegal immigration.
A day after federal attorneys asked that the lawsuit be dismissed, U.S. District Judge Lewis Babcock did so, agreeing that the matter wasn’t up to the courts.
Babcock also said the state didn’t have legal standing to sue, meaning it couldn’t show injury as a result of federal actions or that any injury suffered was connected to federal actions.
The lawsuit was filed after Colorado voters in November approved a referendum placed on the ballot by the Legislature directing Colorado Attorney General John Suthers to sue. Suthers said similar lawsuits by other states have failed, but the Sept. 11, 2001, terrorist attacks “changed the way we must look at border security and whether the federal government is meeting its constitutional obligations.”
“We’re respectful of the court’s decision and we will not appeal,” said Nate Strauch, Suthers’ spokesman.
State Sen. Peter Groff, D-Denver, said he was disappointed, but not surprised by the ruling.
“Regardless of what level of the federal government you are dealing with, there is a failure on their part to deal with the issue of immigration,” Groff said.
The lawsuit said Congress and the executive branch have acknowledged the threat of terrorism but haven’t taken adequate steps in response. The state argued it had the right to sue because of an “invasion” of illegal immigrants that could allow terrorists to come to Colorado and disrupt the Democratic National Convention in August, putting the state in imminent danger.
