Elon Musk says Johnston "hates his constituents" for opposing mass deportation
Johnston says: You don't want to mess with 50,000 Denverites
By Kyle Harris
Nov. 25, 2024
Denver Mayor Mike Johnston got national attention for his comments to Denverite about President-elect Donald Trump’s plans for mass deportations.
In the interview, Johnston imagined a future where the city government and its populace might resist an immigration crackdown.
“More than us having [Denver Police Department] stationed at the county line to keep them out, you would have 50,000 Denverites there,” Johnston said on Nov. 15. “It’s like the Tiananmen Square moment with the rose and the gun, right? You’d have every one of those Highland moms who came out for the migrants. And you do not want to mess with them.”
The mayor’s words of defiance drew widespread reactions in national Fox News coverage and from conservative leaders.
Elon Musk claimed on X: “The mayor of Denver hates his constituents.”
Newt Gingrich posted: “Denver attempting to block the federal government detention and deportation of illegal aliens would be an act of insurrection and would be immediately crushed by the federal government.” Gingrich was a Republican Speaker of the House.
Johnston later walked back the idea that city police could block immigration enforcement agents. But he remains supportive of mass protest.
On Face the Nation, Republican Sen. Rand Paul claimed Johnston could potentially lose his position as mayor if he leads immigration resistance.
“What he is offering is a form of insurrection, where the states resist the federal government. Most people objected to that, rejected that long ago, so I think the mayor of Denver is on the wrong side of history, and really, I think will face legal ramifications if he doesn't obey the federal law,” Paul said.
Johnston later told 9News he regretted his choice of imagery, but also that he would personally participate in protests “if our residents are having their rights violated.” When reporter Marc Sallinger asked if the mayor would risk arrest, Johnston said he was comfortable with that.
Meanwhile, while Johnston described police officers “stationed on the county line” to blockade immigration agents, a spokesperson downplayed that possibility.
“I think we’re still just very much working through what our plan and options are if Trump does follow through, but any sort of conflict between our law enforcement and the military is not our plan or desire,” mayoral spokesperson Jordan Fuja wrote to Denverite.
The legality of Johnston’s resistance depends on how it happens.
For now, the debate is hypothetical, but it raises questions about federal and local authority in the years ahead.
The federal government has the legal right to enforce its law, said civil rights attorney David Lane. But Trump would not have the right to demand that the state of Colorado or the city of Denver help with immigration enforcement.
“Johnston is correct in his legal analysis that Denver is not required to help the feds round up people,” Lane said.
On one hand, it’s true that federal law trumps state law, said University of Denver constitutional law professor Sam Kamin.
“The structure of American federalism makes clear that federal law is the supreme law of the land,” Kamin said. “Where there is a direct conflict between state and federal law such that a person can't comply with both, the federal government prevails.”
But a second legal principle prevents the federal government from forcing states and cities to do its bidding.
“The federal government can come into the state of Colorado and enforce federal law, whether it's on immigration or marijuana law,” Kamin said. “But it can't make the states participate in that without their consent.”
Peaceful protest is protected, said Lane, and those “50,000 Denverites” could demonstrate against Trump’s deportation plans legally. That could include demonstrations against the National Guard.
But if those same people blocked an arrest or disobeyed a legal order from police, whether local or federal, they would be in violation of the law — whether they’re the mayor or not.
“If law enforcement gave an order, the issue would then become, was that a lawful order?” Lane said. “It would be a murky legal quagmire.”
National Guard troops, though, are not police officers. Whether their orders must be followed would be “murkier,” he added.
Trump’s idea of using the National Guard to round up people is deeply problematic, Lane said.
“Mobilizing the National Guard to arrest people is something that this country has not tolerated, and probably should not tolerate,” he said. “You don't want the army used as a tool to enforce local laws or federal laws. The army is here to defend this country from foreign invaders.”
The idea of using the National Guard and other military forces is controversial among Republicans, too. In his Face the Press interview, Paul said he opposes it.
If Johnston were to bring Denver police to the county line and attempt to block federal forces from entering the country, that would be entering “uncharted waters,” Lane said.
In short: The mayor, the city of Denver and the state of Colorado have some room to push back against Trump’s plans, but there are untested legal questions.
Could the courts force Johnston out of office?
No, Lane said.
“Denver voters voted him into office,” Lane said. “The feds have no say on who will or will not be the mayor of any jurisdiction.”
Even if an elected official is jailed or imprisoned, Lane said, they can continue serving.
The mayor’s comments drew cheers from others.
Nicole Cervera Loy, who has family members at risk of deportation and serves as the policy director for the Colorado Immigrant Rights Coalition, says immigrants are afraid of Trump’s policies.
She is glad that Johnston is committed to resisting mass deportations and enacting Colorado and Denver’s protections for immigrants.
“I think that keeping Denver sanctuary status is a good thing,” Cervera Loy. “And I think that him agreeing to continue having our backs and having our communities' backs is really reassuring.”
Her group is working to prepare immigrants for the Trump administration, including through education on their rights.
She wants Johnston to double down on his commitment to sanctuary laws that limit how local law enforcement collaborates with federal immigration enforcement.
But she was concerned by Johnston's suggestion that Denver police could still help to deport people with felony records — something state law would prevent without a judicial warrant from federal agents.
Immigrant rights advocates have spent more than 15 years ensuring the city and its courts are safe places for newcomers, said attorney Hans Meyer.
“The protections that have been built into Denver and Colorado were done by our community,” Meyers said.
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