Colorado lawmakers on Tuesday began debate on legislation that would allow criminal defendants living unlawfully in the U.S. to petition courts to vacate guilty pleas to misdemeanors under certain conditions and penalize child care and public schools that provide information or allow immigration agents into certain areas.    

Democrats are pushing the measure amid a nationwide illegal immigration crackdown launched by the Trump administration, which had blamed the Biden administration for the surge that has spilled over into America’s interior cities like Denver, which saw some 42,000 immigrants arrive in the last two years. 

The bill, if enacted, also expands the prohibition on local law enforcers from arresting or detaining an individual on the basis of an “immigration detainer request” to all peace officers designated by the state. Additionally, it mandates detention facility workers to not give immigration agents access to non-public parts, unless the latter can show a warrant.

Similarly, it would mandate school or child care workers to not allow federal agents access to non-public areas unless they show a warrant or order outlining the enforcement operation.

Additionally, the bill would prohibit a school or child care center from providing information to immigration agents except when “specifically required by federal or state law.”

The bill carries a $50,000 penalty per violation for a public child care center, public school, local education provider, public institution of higher education, or public health-care facility that violates its provisions, though the fine doesn’t extend to local governments and local law enforcement. 

Additionally, the bill repeals a requirement from the 2013 ASSET legislation, which granted in-state tuition to undocumented students who graduate from a Colorado high school and attend a Colorado public college or university.

That requirement said students have to submit an affidavit stating they had either applied for lawful presence or will apply for lawful presence as soon as they are eligible. That same requirement applies to driver’s licenses.

These would be repealed under Senate Bill 276.

The bill deals substantially with data — who to release it to, and who shouldn’t have that access.

Current state law prohibits state agencies and state employees from disclosing a person’s personal identifying information. The bill extends that prohibition to local governments and other “political subdivisions,” which would include schools, cities, law enforcement and any other governmental body under the state.

Additionally, SB 276 permits immigrants to ask the court to vacate a conviction of traffic misdemeanor, petty offense or Class 3 misdemeanor if they, for example, alleged they were not adequately advised by their lawyer of the adverse immigration consequences of a guilty plea.

The bill comes with a cost of about $500,000 from general funds.

In a year with a $1.2 billion shortfall, that may be an issue.

More than 60 people signed up to speak on the bill, most in favor of the measure.

Miriam Rodriguez, a volunteer with the Colorado Rapid Response Network who formerly lived in the country unlawfully, said “the fear of deportation is sewn into my skin.” 

She and others on Tuesday recounted stories of Immigrations and Customs Enforcement agents, who they said scoured for students illegally living in the U.S. at schools, and of others who are afraid to go to work or seek out health care for fear immigration agents would grab them off the streets. 

There are yet no confirmed U.S. Immigration and Customs Enforcement raids targeting Colorado schools since President Donald Trump assumed office. 

Rodriguez said because of her legal status, she lived in fear as a child, believing any interaction, with a teacher, counselor or police office would expose her status and lead to deportation. That fear kept her silent, even in an abuse situation, she said. 

“No one should have to choose between safety and staying with their family,” Rodriguez said. “This bill would protect families like mine by ensuring that our personal information isn’t shared with immigration authorities when we seek help from hospital, schools or other public services.” 

The bill ought to go further, according to attorney Andrew Sidley-MacKie. It needs to include libraries, which he called community hubs and a central location for services. He said he meets with clients at libraries, and their inclusion would ensure they remain safe spaces.

John Fabbricatore of Safer Colorado called the bill reckless.

The former director of ICE in Denver told the committee he witnessed firsthand the “devastating consequences of failed immigration policies and a misguided legislation that puts politics ahead of public safety.”

He’s deported dozens of drug traffickers, gang members and murderers and worked on cases of human and sex trafficking, he said.  

“Because ICE was involved, the message was loud and clear: Saving lives was less important than political posturing,” he said.

The bill, he said, is not about civil rights, it’s about shielding criminals and represents “extremism from Democrat lawmakers who have chosen foreign-born criminals over the safety of United States citizens.”

He also said the bill proves Colorado is a “sanctuary state” and the bill will not make Colorado safer.

A mother who advocated against the bill said she worries that Colorado’s sanctuary state status would cost her autistic grandson federal funds needed for his care.

Trump and the administration is in charge now, she said, so regardless of how people may feel about that, “he gets to make the rules” and people cannot choose what laws they want to follow.