Colorado Senate passes sweeping immigrant protections bill

The Colorado Senate on Monday, April 21, passed a sweeping measure aimed at bolstering protections for immigrants. 

Senate Bill 276 passed nearly along party lines in a 22-13 vote. Sen. Kyle Mullica, D-Thornton, was the only Democrat to join Republicans in voting against the measure. 

The bill makes several major changes to Colorado immigration law, touching on everything from personal data sharing to criminal proceedings for immigrant defendants. 

The measure comes as rumors of increased immigration enforcement activity stir on social media and reports emerge of federal detainments near or at state courthouses, including on the Western Slope. Proponents say the bill is about ensuring immigrants’ rights are respected as President Donald Trump rolls out a hardline immigration agenda. 

“We can’t control what the federal government does or does not do, but we can control what we do in Colorado,” said Sen. Julie Gonzales, D-Denver, a lead bill sponsor. “We can ensure that the Constitution protects us all, and we as a state have a right to not be commandeered by the federal government.” 

The bill builds on restrictions on personal information sharing between state agencies and federal immigration officials to include local governments as well as the state’s judicial and legislative branches. It also prevents spaces like schools, hospitals and child care centers from providing federal officers access to private spaces and information about enrolled children or patients. 

Violators would be fined $50,000 per offense, with the money allocated to the state’s Immigration Legal Defense Fund. Immigration officials could still enter spaces and gain information, however, if backed by a valid warrant. 

Other aspects of the bill repeal a requirement that students seeking in-state tuition, or a person seeking a state ID, who are in the country illegally, submit an affidavit saying they have applied or plan to apply for lawful status. 

Additionally, the bill extends the ability for residents without citizenship to challenge guilty pleas that they may have entered unconstitutionally. 

Current law allows noncitizen defendants to challenge guilty pleas for certain class 1 and 2 misdemeanors, or municipal offenses, that could lead to adverse outcomes for their immigration status. SB 276 extends this ability to class 3 misdemeanors, traffic misdemeanors and petty offenses. 

The bill also prevents jails and law enforcement officers from delaying a defendant’s release at the request of federal immigration officials. And it allows the governor to deny access to states sending their National Guard or other military troops into Colorado. 

Republicans say bill obstructs federal policy

Republicans were uniformly opposed to the measure, which they said obstructs federal immigration policy, stifles local officials’ ability to enforce against crime, and strains community resources. 

“I believe this undermines federal immigration enforcement, and at the end of the day, immigration laws are federal policy,” said Sen. Paul Lundeen, R-Monument, the Senate Republican minority leader. 

Lundeen added that “by limiting law enforcement’s ability to cooperate with federal immigration authorities, the bill may allow individuals with criminal histories to remain in communities, posing risk to public safety.”

Mullica, the lone Democratic no-vote, said he didn’t feel there was enough time to digest the bill, including a series of amendments that were brought on Monday. 

Changes included adding language that makes clear the bill is not intended to interfere with federal criminal investigations and proceedings. Another amendment defined geolocation data, which is covered under the bill’s data privacy provision, as information that can track someone’s location, such as GPS coordinates and cell phone location information. 

SB 276 is sponsored by Gonzales, Sen. Mike Weissman and Reps. Elizabeth Velasco, D-Glenwood Springs, and Lorena Garcia, D-Adams County. It heads to the House for further debate.