Justice Department Backs Colorado Law Enforcement Challenge to HB21-1060

WASHINGTON, June 2, 2026 — The Department of Justice moved Tuesday to intervene in support of a lawsuit filed by Colorado law enforcement officials that challenges the state's HB21-1060.

The law interferes with public safety by distorting the process crime victims use to obtain temporary legal status while they help prosecute the offenses against them, according to the government's intervention motion filed in federal court.

The challenge centers on the U Visa program, which provides temporary nonimmigrant status to victims of qualifying crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of the criminal activity.

The program typically supports thousands of victims annually who cooperate in cases ranging from domestic violence and sexual assault to human trafficking.

Prior to HB21-1060, victims could work directly with local law enforcement to secure certification for U Visa eligibility. The Colorado statute altered that certification process, creating new state-level requirements that local police and sheriffs say prevent them from issuing the necessary documentation.

The DOJ motion states this change now blocks victims from accessing the federal protections designed to encourage cooperation.

The intervention triggers a federal role in the ongoing litigation. The court must now consider the Justice Department's arguments alongside those of the local law enforcement plaintiffs. A ruling in favor of the plaintiffs would restore the prior certification pathway, allowing Colorado agencies to resume issuing U Visa certifications under the original federal standards.

The case will likely set a precedent for how states can regulate local law enforcement's participation in federal immigration-benefit programs tied to criminal prosecutions.

This marks the second time in 2026 that the Justice Department has intervened in litigation involving state laws that affect federal cooperation with local law enforcement on immigration-related victim protections. The original U Visa framework was established by Congress in the Victims of Trafficking and Violence Protection Act of 2000.