TELLER COUNTY — In a letter sent to President Trump’s Department of Justice (DOJ), Teller County leaders are simultaneously supporting DOJ lawsuits against Colorado while at the same time asking for leniency if federal funding is cut off from the state.
The letter was written and signed by Teller County’s three commissioners and sent last week to the DOJ’s Office of Civil Rights.
The commissioners first take issue with Colorado’s recent gun control measures, going so far as to encourage the DOJ to take legal action against the state of Colorado.
“Recent legislative actions taken by the Colorado Legislature and Governor Jared Polis leave us no choice but to appeal to the Office of Civil Rights in the Department of Justice to take legal action to reverse the infringements upon the constitutional rights of our residents and prevent the potential loss of existing federal funding for highways, our vulnerable senior population, veterans, and our at-risk families struggling with housing and food insecurity,” the letter said
The letter aims at a sweeping Colorado gun control bill that passed this last legislative session, limiting the sale of high-powered semi-automatic weapons in the state.
Senate Bill 3, or SB25-003, requires Coloradans to pay for firearm safety instruction, pass a written test, a marksmanship test, and pay fees to sheriffs for a certificate before then being able to purchase the banned weapons, which include the popular AR-15.
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Colorado House Republicans similarly sent U.S. Attorney General Pam Bondian April letter, encouraging her and her recently created “Second Amendment Task Force” to review the constitutionality of Senate Bill 3. It’s unclear if there’s been a response to the House Republicans.
“We're asking for the Justice Department and the Office of Civil Rights to file suit against the state on behalf of the residents of Teller County and all the residents of Colorado,” said Teller County Commissioner Erik Stone in an interview. “We believe that people's rights are being violated.”
The commissioners’ letter also expresses support for
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an already filed DOJ lawsuit against the state of Colorado and several state and local leaders, including Governor Jared Polis and Denver Mayor Mike Johnston, over the state’s immigration policies.
That lawsuit, filed May 2, seeks to overturn several Colorado laws the DOJ considers to be “sanctuary laws” that limit federal immigration enforcement in Denver and Colorado, according to the complaint.
Teller County has often sought to work with U.S. Immigration and Customs Enforcement (ICE) despite state laws in recent years under what’s known as a 287(g) agreement with ICE.
Watch When The Teller County Sheriff's Office and ACLU Reached An Agreement On Immigration Lawsuit
It’s because of Teller County’s previous support of ICE efforts, the commissioners argue in their letter the rural county should not be punished if the Trump Administration withholds federal funds from the state.
“As a long-time, good faith local government partner with ICE, Teller County respectfully requests that the Justice Department and the Executive Branch be judicious in any decision to withdraw federal funding to the State of Colorado because of the State's sanctuary laws and policies and to allow the critical funding that supports Teller County's roads, veterans, seniors, and at-risk families to flow directly to Teller County,” the letter said.
Teller County Commissioner Dan Williams said Teller County receives just shy of $2 million in federal funds, mostly going to public health and roads.
About $18 billion of Colorado’s budget comes from the federal government, and President Trump has threatened to withhold any number of federal funds since taking office this year if his policies aren’t implemented. He recently said he’d withhold funds for what he deemed to be “sanctuary states” like Colorado.
“All of Colorado should not pay the price for the failures, or even the activist actions, of our legislature and of our governor,” said Teller County Commissioner Erik Stone. “But that's what's poised to happen. They're going to punish all of Colorado.”
Elizabeth Jordan, a visiting assistant professor of law and director of the University of Denver Law School’s Immigration Law & Policy Clinic, said much of the president’s funding threats are “legally dubious.”
Jordan said properly appropriated funds are designated by Congress on where to be spent, and only Congress can decide otherwise. She noted the DOJ’s immigration lawsuit against Colorado is pulling on complicated dynamics between the federal and state, and local governments.
Even if the administration is successful in suing Colorado or withholding federal funds, Jordan said due to policy and logistical reasons, it’s unlikely Teller County could receive a “carve-out” and be spared from the blowback, as the commissioners are hoping to do.
Commissioner Stone said other rural counties are looking to follow their lead, but couldn’t say how many.
Park County Commissioner Amy Mitchell did confirm over the phone they are drafting a similar letter that will serve as a redress of grievances for President Trump to step in and help overturn many of Colorado’s recently passed gun control measures.
Mitchell said that it could be voted on and sent off as early as this week.
El Paso County, another conservative stronghold, said it’s aware of the Teller County letter and the concerns it raises. A county spokesperson said they’ll actively monitor the situation before determining whether to take a formal position or action.
Republican Congressman Jeff Crank, whose fifth district covers most of El Paso County, said local officials and law enforcement regularly cooperate with federal authorities and welcome their help.
“I welcome any relief that the Trump Administration can provide to curb Colorado’s sanctuary policies and the infringements on our god given right to self-defense,” Crank said.
Teller County is represented by Democratic Congresswoman Brittany Pettersen in Colorado’s seventh district.
“I’m proud to represent a diverse district made up of rural and suburban communities and people who hold a wide range of perspectives,” said Pettersen. “While at times we may disagree, I deeply respect the role of our local leaders and remain committed to working together. I look forward to continuing to partner with Teller County officials to address their unique needs, and I will always stand up for the Seventh District in Congress.”
In response to a request for comment on this report and Teller County’s letter, Colorado Democratic Governor Jared Polis reiterated his stance that Colorado is not a sanctuary state.
“The State of Colorado works with local, state, and federal law enforcement regularly, and we value our partnerships with local, county, and federal law enforcement agencies to make Colorado safer,” said Shelby Wieman with the governor’s office.
“If the courts say that any Colorado law is not valid, then we will follow the ruling. The Governor encourages Teller County to continue to work closely with federal law enforcement agencies pursuant to state and federal law. We are not going to comment on the merits of the lawsuit.”
You can read the letter from the commissioners for yourself below. Mobile users click here.
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