Colorado House passes immigrant due process bill as Trump DOJ sues state

People gather at the Colorado Capitol in Denver earlier this year for the national “A Day Without Immigrants” demonstration (Sara Wilson/Colorado Newsline).

The Colorado House of Representatives passed a bill Saturday to expand the state’s existing protections for immigrants and further limit how local law enforcement can interact with federal immigration authorities.

Senate Bill 25-276 passed on a party-line vote, with Democrats in favor. The Senate, which approved it in April, needs to sign off on changes made in the House before the bill heads to Gov. Jared Polis’ desk.

“There is clarity in place of what happens when an (Immigration and Customs Enforcement) action takes place. Notice that I’m saying ‘when,’ because everyone here knows that there is zero sense of false hope, especially in our immigrant population. They know more than anyone here in this room that they are not living risk free,” Rep. Lorena Garcia, a bill sponsor and Adams County Democrat, said ahead of the vote.

“This bill is a declaration to our commitment to civil and constitutional rights in this state, for everyone who calls this state home,” she said.

The bill would prohibit local government officials and employees from sharing personal identifying information about immigration status with ICE and would also limit where ICE can go within a public school, child care facility, hospital and library without a warrant signed by a judge. A House amendment removed the inclusion of “surrounding areas” to those banned spaces.

Public officials who intentionally violate that data sharing provision would be liable for a $50,000 civil fine, which would go to the state’s immigration legal defense fund.

The bill would also prevent local sheriffs from delaying a person’s release from jail for the purpose of immigration enforcement, get rid of certain affidavit requirements for immigrants seeking in-state tuition or a drivers license, and allow immigrant defendants to ask that a guilty plea is overturned if they were not aware of immigration consequences of that plea when they made it.

“This bill does not provide immigrants with more rights than citizens, but it ensures equal treatment under the law,” bill sponsor Rep. Elizabeth Velasco, a Glenwood Springs Democrat, said.

Democrats framed the bill as a response to the Trump administration’s mass deportation efforts and increased detentions of immigrants without legal status, which they said are often imposed without the due process the bill tries to protect.

“When we violate due process, we violate justice,” Garcia said.

An Aurora apartment building was the site of a chaotic immigration raid earlier this year, and dozens of international students in Colorado have had their visas revoked. There have also been coordinated drug and immigration enforcement efforts at unofficial nightclubs in Adams County and Colorado Springs, and it is unclear whether the people detained in those actions have a criminal history warranting arrest.

“One of the reasons why I appreciate this bill so much is that it is one of few that is really taking seriously the crisis that the federal administration poses for immigrants in particular and for marginalized people generally,” Rep. Yara Zokaie, a Fort Collins Democrat, said.

Republicans, during the initial debate on the bill and on Saturday, argued that the bill could provoke the Trump administration to target Colorado and withhold federal money. On Friday afternoon, the Department of Justice filed a lawsuit against Polis, Attorney General Phil Weiser and Denver Mayor Mike Johnston to invalidate the type of “sanctuary” laws that prohibit coordination and information sharing between local officials and immigration authorities.

“This is super-sizing sanctuary policy,” Rep. Max Brooks, a Castle Rock Republican, said. “When we consider this bill, we ought to be looking at the downsides, not just the emotional stories to be able to support it, but we need to look at what could potentially be the harm and the downstream negative impact.”

Eric Maruyama, a Polis spokesperson, said in a statement Saturday that the “Governor’s office has expressed concerns about the original version of SB25-276, and has been working with legislators, as well as stakeholders, including law enforcement, throughout the process on amendments that would help gain the Governor’s support. Colorado is not a sanctuary state, and Governor Polis continues urging Congress to secure the border and do their job and pass comprehensive immigration reform.”

Once the bill is sent to Polis, he will have 30 days to sign or veto it. The legislative session ends Wednesday.

Editor’s note: This story first appeared on Colorado Newsline, which is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Colorado Newsline maintains editorial independence. Contact Editor Quentin Young for questions: info@coloradonewsline.com.