One of Colorado’s biggest counties is taking on the state’s “unconstitutional” sanctuary law after it was used to crack down on a sheriff’s deputy who helped federal immigration authorities.
The Board of Mesa County Commissioners is moving forward with its lawsuit against a Democrat-led sanctuary law that prohibits local law enforcement in Colorado from sharing personal information about a foreign national with federal immigration authorities, the Daily Caller News Foundation confirmed. The lawsuit was filed after state officials sued a Mesa County sheriff’s deputy for helping Immigration and Customs Enforcement (ICE) and effectively forced him out of the job.
“The Constitution makes clear that immigration is a federal responsibility, not something to be fractured by a patchwork of conflicting state laws,” Mesa County Commissioner Bobbie Daniel said to the DCNF. “Our counter suit is about defending that principle, protecting our deputies, and ensuring that Mesa County — and every county in Colorado — can uphold the rule of law.”
The outcome of the sanctuary battle in Colorado — one of the many sanctuary jurisdictions targeted by the Trump administration — could carry national implications.
Colorado Democrats in May passed SB 25-276, a bill that prohibits sheriff’s offices and police departments from sharing foreign national’s identifying information with ICE for purposes of assisting in investigations or enforcement matters. Colorado Republicans — a minority in the state legislature — vehemently protested its passage, arguing it incentivizes illegal immigration and risks public safety.
The legislation was among many bills Democrat Gov. Jared Polis has signed and other executive actions he’s taken in recent years that restrict cooperation between local law enforcement and federal immigration authorities. The Department of Justice (DOJ) currently identifies the entire state of Colorado as a sanctuary jurisdiction.
On June 5 — roughly two weeks after Polis signed the sanctuary bill into law — Mesa County Sheriff’s Deputy Alexander Zwinck stopped a 19-year-old nursing student along an interstate for allegedly following a semi-truck too closely, according to court documents. Zwinck soon discovered that the driver, Caroline Dias Goncalves, was a Brazilian national living in the U.S. on an expired visa.
While the sheriff’s deputy ultimately allowed her to leave, he shared her information in a Signal chat between local law enforcement and federal immigration authorities, according to court documents. ICE was soon able to locate Goncalves and detain her, and she remained in an ICE detention center in Aurora, Colorado, for roughly two weeks before being released on bond.
Activists opposed to immigration enforcement began to speak out in support of Goncalves, who is considered a “dreamer” due to her arrival in the U.S. at a young age, and a GoFundMe was launched in her name. Colorado Attorney General Phil Weiser, a Democrat who is currently running to become the next governor of Colorado, dramatically escalated the issue in July by filing a lawsuit against Zwinck, alleging he violated the policies established under the sanctuary law.
“The lawsuit asserts that Deputy Zwinck had no right to share, or inquire into, the driver’s personal identifying information for the purpose of assisting with federal civil immigration enforcement and asks the court for an order enjoining the deputy from engaging in similar unlawful conduct in the future,” Weiser’s press release stated at the time.
The Colorado Attorney General’s lawsuit suggested Zwinck could be hit with up to a $50,000 fine per every violation of the sanctuary law.
The sheriff’s office confirmed to the DCNF that Zwinck has resigned, but declined to comment on the matter further. A lawyer for the former sheriff’s deputy did not respond to a request for comment.
In response to Zwinck’s resignation, Colorado’s top prosecutor decided to drop the lawsuit altogether. Weiser told a local media outlet at the time that the law Zwinck was accused of violating is only applied to state and local government employees, and left open the possibility of suing him again if he returned to state or local employment.
However, a court battle between Colorado Democrats and Mesa County is not over.
On Aug. 5, the Board of Mesa County Commissioners unanimously approved its own counter-suit against Weister and Polis, a move it said is intended to protect Mesa County employees. Even though Zwinck resigned and Weiser dropped his lawsuit in the month since the Board of Mesa County Commissioners’ announcement, a county commissioner confirmed their counter-suit against Colorado will continue.
“While the Attorney General has dropped this particular case, the chilling effect remains. Deputies still lack clear legal guidance, federal task force work has been scaled back, and public safety is suffering as a result,” Daniel said to the DCNF. “That’s why Mesa County will continue pursuing clarity through the courts.”
“This is not about politics — it’s about whether local law enforcement can do its job without fear of financial ruin or selective prosecution from an Attorney General who also happens to be a declared candidate for governor,” Daniel continued. “And despite Governor Polis repeatedly saying Colorado is ‘not a sanctuary state,’ the policies his administration has advanced tell a very different story.”
Mesa County has a powerful ally in its fight against the sanctuary law: the Trump administration.
The DOJ sued Colorado and Denver officials in May for sanctuary policies that allegedly violate the Supremacy Clause of the Constitution and have led to migrant gang members, such as Tren de Aragua, taking a foothold in Colorado communities, according to court documents. The complaint is in line with a growing list of lawsuits the Trump administration has waged against other sanctuary jurisdictions across the country.
In May, the DOJ amended its lawsuit to encompass the controversy in Mesa County and SB 25-276. The Trump administration harshly criticized the state government in its updated filing.
“The law doubled down on Colorado’s already radical sanctuary policies, further expanding its prohibitions on state and local employees cooperating with federal immigration authorities and hampering the Executive from enforcing immigration law in Colorado,” the amended lawsuit reads. “When officers choose to cooperate with federal immigration enforcement agents to keep their communities safe and enforce federal law, the State of Colorado hauls them into court as punishment for doing their jobs.”
Colorado’s sanctuary laws have come under national scrutiny following a string of major crime incidents that have attracted widespread attention.
In 2024, Tren de Aragua gangbangers allegedly took control of an entire apartment complex in Aurora, Colorado, with doorbell camera footage capturing men patrolling hallways with guns and an apartment employee savagely beaten by the assailants. The mayor of Aurora had initially dismissed claims that the apartment building in question had been taken over by the Venezuelan gangsters, according to a DCNF investigation.
In June, a man viciously attacked a pro-Israel demonstration in Boulder, Colorado, with a makeshift flamethrower and Molotov cocktails while screaming “free Palestine.” Federal immigration officials later confirmed to the DCNF that the attacker, Mohamed Sabry Soliman, was an Egyptian national living in the U.S. illegally on an expired visa.
A spokesperson for Weiser’s office declined to comment on the ongoing litigation with Mesa County, saying only that the Colorado Attorney General’s Office would “do our talking in court and in our papers.”
As for Mesa County officials, they are arguing that these sanctuary laws make it harder for local law enforcement to do their jobs and put their communities in danger.
“Deputy Zwinck’s resignation is a personnel matter, but it doesn’t change the larger issue: Colorado’s sanctuary law is vague, punitive, and unconstitutional,” Daniel stated to the DCNF. “It threatens deputies with $50,000 fines simply for cooperating with federal partners — not only in immigration cases, but also in drug interdictions, child exploitation investigations, and cartel operations.”
“A law like that doesn’t make communities safer; it makes them weaker,” Daniel said.
All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact [email protected].
