He says it’s “tricky,” but George Brauchler, who was elected last week as the district attorney for a newly created judicial district in Colorado, is promising to “find a way” to allow local law enforcement to work with federal officials seeking to arrest immigrants, even when Colorado law ostensibly prohibits such cooperation.
“That’s a tricky one, right?” Brauchler said on KNUS radio October 29. “Like, how can you get the benefits of having [Immigrations and Customs Enforcement (ICE)] in the area, trying to enforce laws that would benefit the community without running afoul of the state law? And you know, the trick here is, when you take an oath to uphold, defend the state and federal constitutions and all the organic laws that flow from them, you know, you’re sort of stuck in this position. I’m going to find a way to do it without violating the law. We’re just going to find a way to do it.”
But Brauchler explained in a follow-up interview with the Colorado Times Recorder that his goal is not to assist President-elect Trump in deporting millions of immigrants from the United States.
“To the extent that this is part of some broader story about the impact of Trump’s election: one, I’ve been saying this since before he got elected, and two, I do not see my role or the role of local enforcement to do the bidding of the federal government or to participate in mass deportations,” said Brauchler. “What I do see, is that the federal government has a series of tools and a whole bunch of resources that will help us to make this community safer. And if we are moving the criminal element from the community, whether it’s through incarceration or deportation, makes us safer, I’m all in.”
On KNUS, Brauchler lamented that Colorado “went out of its way to pass a law that forbids local law enforcement from communicating and cooperating with ICE.”
A 2019 state law prohibits law enforcement officials from jailing or detaining someone based on their immigration status — and from providing that status to federal agencies like ICE. Another Colorado law passed last year aims to stop local entities from detaining immigrants for ICE.
The aim of these laws, advocates have said, is to stop the inhumane treatment of undocumented immigrants, including family separations, and to allow them, generally, to face the same consequences as citizens when arrested.
If Brauchler found a way for local law enforcement to legally circumvent Colorado’s laws, it could — despite Brauchler’s intentions — make it easier for federal officials to arrest migrants, possibly facilitating Trump’s proposal to deport millions of undocumented immigrants.
It could provide legal cover for what some sheriffs are allegedly doing in states with similar laws as Colorado’s.
In a Fox News Digital interview Friday, Trump’s new border czar Thomas Homan, said that in some “sanctuary cities” law enforcement officials are already secretly working with ICE.
Homon explained that “some sheriffs have been coming forward and working with us behind the scenes.” He didn’t say if Colorado was one such place.
Brauchler, who will be the top prosecutor in Colorado’s 23rd Judicial District covering Douglas, Elbert, and Lincoln Counties, said that none of Trump’s people have reached out to him and he’s not coordinating with other district attorneys.
“In no way am I going to violate the law,” Brauchler said. “But I am going to explore every legal opportunity I can to coordinate and cooperate with the agencies that help make this community safe.”
“Public safety is not some kind of thing that is accomplished by a single agency or single level of government and to the extent that there are legal roadblocks to us working together, well, then I’m going to find legal ways for us to work together,” said Brauchler, who gave up his job as a talk radio host to run for district attorney.
Brauchler, who’s probably best known for his failure to convince a jury to render a death penalty verdict for the Aurora theater shooter, has long been open about his support for Trump, including his intention to vote for him in this month’s election — though he also parted ways with Trump on some issues, like election denialism.
What Brauchler can actually do in his prosecutor role is not known — and Brauchler did not offer any details. An email seeking comment was sent to the communications office of newly appointed Chief Judge for the new 23 Judicial District Ryan Stuart. It was not answered. The ACLU of Colorado could not be reached for comment.
In his Fox interview, Homon called on governors not to block the deportation of immigrants planned under Trump: “If they’re not willing to help, then get the hell out of the way because ICE is going to do their job.”
Governors in fact would have to get out of the way, according to experts, as long as ICE stays within the law. Federal law enforcement officials can legally investigate and arrest immigrants and others in any state, including Colorado, whether they have the help of local officials or not.
