Colorado’s new immigrant rights bill

In the face of increasingly hostile federal immigration policy, the Colorado state legislature deserves credit for passing Senate Bill 276, legislation meant to strengthen protections for all immigrants across the state. Governor Jared Polis signed the bill on May 23, which means the new law goes into effect on July 1.

Here’s a rundown of the bill’s key provisions and their significance to Colorado’s immigrant community.

The bill sponsored by state Representatives Elizabeth Velasco and Lorena Garcia and Senators Julie Gonzales and Mike Weissman strengthens protections for individuals in Colorado — regardless of immigration status — by limiting the role of state and local governments, public institutions, and employees in federal immigration enforcement. It aims to preserve civil rights and ensure access to public services without fear of data misuse or cooperation with immigration authorities. 

The bill seeks to provide clarity to existing state law, primarily by closing a loophole that (formerly) allowed local governments and agencies to collaborate with federal Immigration Customs Enforcement (ICE), despite the law prohibiting state agencies from doing the same. 

In other words, the new law bars local schools, libraries, health care providers, sheriff’s offices, and local governments from collecting information on immigration or citizenship status unless it is legally required. Additionally, state and local agencies cannot disclose personal information (such as place of birth or immigration documents) for immigration enforcement without a court order. Essentially, if an agency doesn’t need to ask for a person’s immigration status, then it should not.

Some of the new law’s most important provisions are its jail and law enforcement restrictions, including a provision preventing jails from delaying release of individuals for immigration enforcement purposes. That means anyone who is arrested by local authorities must be released immediately after bond has been posted and authorities have finished processing that person’s release. Previously, local authorities were allowed to hold someone for up to six hours while they coordinated with ICE. Under the new law, detaining someone after processing their release is now considered a “new warrantless arrest” and will not hold up in a court of law.

The law also clarifies that state and local law enforcement officers are prohibited from arresting or detaining individuals solely based on civil immigration detainers. And private citizens cannot be deputized or requested to assist in immigration arrests. State or local employees who knowingly violate any of these rules can face civil penalties of up to $50,000 per violation.

These changes to state law will make a difference in protecting due process and civil rights when accessing education, health care, or public services and make it more clear that state and local governments should not be involved in federal immigration enforcement operations.

But it is also important to understand what SB25-276 does NOT do. The new law does not prevent ICE from coming into Colorado and it cannot prevent deportations by federal authorities.

No state law can prevent a hostile federal government from continuing to attack our communities and separate families. 

Even though the state cannot prevent deportations by the federal government, this new state does require public institutions to adopt and publish policies (by Sept. 1) that detail when and how they can release personal information, who to notify if federal immigration agents request access, and how affected individuals (or their guardians) will be informed of such requests.

Importantly, the law also recognizes that “administrative warrants,” which are essentially self-issued by ICE, do not require a response from local and state government and other public institutions. Those entities only have to open their doors to federal agents that present a legal “judicial warrant.” That’s an important distinction.

We recognize we are living in very challenging times. And while this new law is a move in the right direction for Colorado, we must continue to take precautions and be vigilant to protect our families and community members from a hostile federal government. We must also continue to organize and advocate for additional changes in state law to adapt to any new threat to Colorado.

Voces Unidas is proud to have supported this new law with research and direct lobbying. And we stand ready to assist our community members with reporting any violations of state law. 

For more information about this new law, email policy@vocesunidas.org. To report violations, call 970-340-8586.