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Denver Mayor Mike Johnston's immigration policies under scrutiny at the federal level

A spokesperson for the mayor's office could not confirm if he plans to testify before Congress on Denver's "sanctuary city" status, and said the mayor is still reviewing the letter from Congress
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DENVER — Denver Mayor Mike Johnston's immigration enforcement policies are under scrutiny at the federal level.

House Republicans are calling for Johnston to testify before Congress next month, as part of an investigation about "misguided and obstructionist policies" that hinder the enforcement of federal immigration laws.

Although Denver has never officially declared itself a sanctuary city, city officials have said they are welcoming to everyone and there are certain things they will and will not do when it comes to working with Immigration and Customs Enforcement (ICE).

In an interview with Denver7 last week, Johnston said his administration would partner with ICE "if they want to reach out to us on violent criminals we have in our custody for deportation," but said his office would stop short of doing "ICE's job for them."

"If they're going to do enforcement or raids in the city, our police department will not directly respond or support those efforts unless there's a separate public health and safety risk," Johnston said, as he outlined his four-part plan to ensure the city follows the law while upholding its values.

  • Hear from the mayor about his four-part plan in the video player below
Mayor Johnston lays out four-part plan as Denver braces for potential mass deportations under Trump

Johnston reiterated his stance during an interview with CNN on Tuesday.

"We've been very aggressive on enforcement around any of this activity. We were early with covert and overt operations in Denver to identify TDA members, arrest them, prosecute them. So we've been very aggressive on this," he said.

"I think we know and are prepared that there may be ICE operations here. If they're targeting violent criminals, we'll support that and we'll collaborate," the mayor continued. "The thing we're worried about is we don't want people targeting schools or churches or hospitals. We think it fundamentally infringes on the public safety of a city if you can't go to the hospital and feel secure there or take your kids to school. So we really want to make sure they're not targeting protected populations or protected places in Denver."

When asked whether he will testify before the House Oversight and Government Reform Committee, Johnston said he's been "in contact with their staff and their team."

"We're open to a conversation about comprehensive federal immigration reform and what Congress can do to help make this situation in cities much easier to manage. I think what we know is the biggest challenge here is not crime. We've seen a decrease in crime during the increased arrival of newcomers. We know the incidence of crime is lowest among our immigrant population of almost any of our populations. When it does exist, we address it quickly and resolve it. The real question is, what do we do with the Dreamers who are here and have been here for 10 or 20 years? What do we do with folks who came in and played by the rules and are waiting on their day in court as asylum seekers or [Temporary Protected Status] recipients? We want to make sure those populations get their fair day in court and make their case," Johnston said.

The Denver mayor went on to say, "We know that some of this is substance and some of this is theater, but I think what we're focusing on is how we run cities that are smooth and safe for the folks that live here, and we want to make sure that there's order and not chaos."

  • Read the full letter from the House Oversight and Government Reform Committee to Mayor Johnston here or below

On Tuesday, Denver7 sat down with two local professors who weighed in on the request from Congress.

Violeta Chapin, an associate dean and clinical professor of law at the University of Colorado Law School said because it is a request and not a subpoena, it will be up to Johnston whether or not to testify.

"Obviously they've asked him to go, and he's going to have to make a decision about whether or not he will go. I think that Denver sanctuary laws are legal and safe, and he should go and defend them and defend the residents of Colorado," Chapin said.

Mayor Johnston is also being asked to provide a list of documents and communications, including "all documents and communications among or between any official, employee, contractor, or agent of the City and County of Denver related to the city’s sanctuary status."

"I do think it's a scare tactic," Chapin added. "What we're seeing from this administration is an effort to frighten not just undocumented residents, but people who they perceive to be supporting them or advocating for them."

Denver7 also spoke with Alexandre Padilla, a professor at Metropolitan State University.

"I believe they just want them to know that no one is above federal laws, and federal laws must be enforced," he said, adding that, "The idea is that when you bring those local officials to testify, it's [to ask] 'why are you doing this?' What is the argument, economic or non-economic you are using to justify being a sanctuary city, or (for) not collaborating with federal laws (by) enforcing the law of the land?"

In response to the letter from Congress, Johnston said Monday that, "The most helpful thing Congressional Republicans could do right now is fix our broken immigration system. While they work on that, we will focus on running the cities that manage the consequences of their failure to act.”

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Regardless of what your political stance is, these two professors told Denver7 its important for everyone to remember just how complicated U.S. immigration laws are.

"We have laws, and we would like everybody to follow the laws, but we have to be more empathetic on both sides of the debate," Padilla said. "Most undocumented immigrants are not violent criminals. Yes, they did break the law by coming to this country, but they came to this country because the immigration laws in the U.S. are extremely, extremely complicated. Many of those families, they don't have a time to wait one year or two years to be able to come legally, because it's a matter of life or death."

"I do think that the people of Colorado do care a lot about state's rights and local rights, and they should understand that this effort by the current presidential administration to pressure or frighten the states into doing what the federal government wants them to do is something that is very dangerous," Chapin added. "State and local officials and state and local taxpayers have a lot of power to determine their priorities, and we should never want to live in a country that allows the federal government to tell the states what they want to do and to decide what should be our priorities or what should be important to us."

Johnston is one of four mayors being asked to testify, along with mayors in Boston, Chicago, and New York City. The hearing is scheduled for Feb. 11.


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