5th Circuit Court of Appeals upholds Texas anti-sanctuary - applicable in Colorado

Article date: 
13 May 2018
Article category: 
Colorado News
Article Body: 

The U.S. 5th Curcuit Court of Appeals unanimously upheld the constitutionality of Texas's 2017 anti-sanctuary legislation. Read the complete ruling (March 13, 2018).

Pages 24-32 discuss and reject the several arguments used by a half-dozen lower court rulings to declare that ICE Detainers violate the 4th amendment guarantees of due process.

If the plaintiffs were to ask the U.S. Supreme Court to review the ruling, all indications are that the Court would affirm the ruling.

Colorado is in the 10th Circuit, and is not bound by 5th Circuit decisions. However, the 10th Circuit has never ruled on the issue of ICE Detainers. Therefore, both federal and state courts in Colorado can cite the 5th Circuit ruling. County sheriffs and attorneys no longer have valid reason to fear lawsuits if they adhere to the 5th Circuit ruling.