Federal judge tosses state's immigration suit

Sara Burnett, Rocky Mountain News

Published September 22, 2007 at midnight

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A federal judge on Friday threw out the state of Colorado's lawsuit demanding that the federal government enforce immigration law.

The ruling by U.S. District Judge Lewis T. Babcock was expected, and a spokesman for Colorado Attorney General John Suthers said the state will not appeal. Suthers was required to file the lawsuit because voters approved Referendum K in November.

The ballot measure directed the state attorney general to go to court "to demand the enforcement of all existing federal immigration laws by the federal government."

Suthers had warned repeatedly that such a lawsuit would be futile, noting similar cases had been thrown out in at least six other states.

In the lawsuit, the attorney general argued that the federal government is obligated to protect citizens from "invasion," such as the terrorist attacks of Sept. 11. It noted that failure to enforce immigration law, in part, led to those attacks because some of the terrorists were in the country illegally.

In a 19-page ruling, Babcock said the courts do not have jurisdiction over the issue. He also said the attorney general failed to prove that Colorado is at risk of a terrorist attack as a direct result of the government not enforcing immigration law.

"Instead, myriad additional contingencies need to be present before an increased risk of a terrorist attack in Colorado can be linked to Defendants' alleged failures," Babcock wrote.

A spokesman for Suthers said last week that the lawsuit has cost the state about $46,000.

burnetts@RockyMountainNews.com or 303-954-5343

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