Bill > SB005

This bill establishes a new legal pathway for individuals in Colorado whose constitutional rights are violated during civil immigration enforcement actions, which are defined as any action to investigate, question, detain, transfer, or arrest a person for the purpose of enforcing federal immigration law, excluding actions by peace officers acting within their state duties. It allows those whose rights are violated to sue the individuals responsible for the violation, seeking legal remedies, equitable relief, or other appropriate compensation. Importantly, this bill aims to prevent defendants from using various forms of immunity, such as sovereign, official, or qualified immunity, as a defense. If a plaintiff wins their case, they are entitled to recover reasonable attorney fees and costs, and even if they don't win outright, they can be considered prevailing if their lawsuit was a significant factor in achieving their desired outcome. Conversely, defendants may be awarded costs and attorney fees if their claims are deemed frivolous. The bill also clarifies that these actions must be filed within two years of the violation occurring and includes a severability clause, meaning if one part of the law is found invalid, the rest will remain in effect.

Budget and Finance, Justice

https://leg.colorado.gov/bills/SB26-005