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CO SB047

CO SB047
Enforcement of Federal Immigration Law


summary

Introduced
01/08/2025
In Committee
01/08/2025
Crossed Over
Passed
Dead
02/25/2025

Introduced Session

2025 Regular Session

Bill Summary

In 2006, the general assembly passed Senate Bill 06-090, which: ! Prohibited a local government from passing any ordinance or policy that would prohibit a police officer, local official, or local government employee from cooperating with federal officials with regard to the immigration status of a person within the state; ! Required a peace officer who has probable cause to believe that a person is not legally present in the United States to report the person to the federal immigration and customs enforcement office; ! Required each local government to provide notice to peace officers of the duty to report and to provide written confirmation of the notice and reporting statistics to the general assembly; and ! Prohibited a local government that violates this provision from receiving any grants administered by the department of local affairs. Senate Bill 06-090 was repealed in 2013. The bill recreates and reenacts Senate Bill 06-090. Current law prohibits: ! A person from being arrested while the person is present at a courthouse, or while going to, attending, or coming from a court proceeding, and provides remedies for a violation; ! A probation officer or probation department employee from providing personal information about an individual to federal immigration authorities; and ! State and local governmental entities from contracting with a private entity for immigration detention services or entering into agreements for immigration detention services. The bill repeals each of these laws.

AI Summary

This bill seeks to reverse certain Colorado state laws that previously limited cooperation with federal immigration enforcement. The bill defines "sanctuary policies" as local government ordinances that prohibit officials from communicating with federal authorities about an individual's immigration status. It requires local governments, peace officers, and local officials to cooperate with federal immigration enforcement, specifically allowing and in some cases mandating that law enforcement report individuals they believe are not legally present in the United States to Immigration and Customs Enforcement (ICE). The bill includes provisions that allow peace officers to report arrestees to ICE if they have probable cause to believe the person is not legally in the country, with an exception for domestic violence arrestees until conviction. The legislative declaration emphasizes the financial burden of supporting undocumented immigrants with criminal records and argues that such policies undermine federal immigration law. The bill also repeals previous legislation that provided protections for undocumented immigrants and removes certain court-related provisions related to courthouse access. Importantly, the bill explicitly states that it does not authorize racial profiling or random immigration status checks without probable cause. The bill will take effect after the standard legislative review period, with the possibility of a voter referendum in November 2026 if challenged.

Committee Categories

Military Affairs and Security

Sponsors (3)

Last Action

Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (on 02/25/2025)

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