Colorado Politics

Colorado Democrats advance proposal to limit ICE access, prohibit release of immigrants’ information

A Colorado panel of lawmakers approved legislation on Tuesday night that would require schools, child care centers and health care facilities to limit access of federal immigration agents and penalize, under specific situations, providing the personal identifying information of immigrants.

Senate Bill 276 comes amid a nationwide illegal immigration crackdown launched by the Trump administration that has resulted in removal from the country of alleged international gang members, the detention of a handful of U.S. citizens, according to one report, and the revocation of visas for international students, including some attending public colleges and universities in Colorado.

Reports speculated that their student visas were revoked likely because they participated in pro-Palestinian protests last year.

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

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

The law applies to hospitals, schools, and healthcare facilities. Those caught violating the law could be fined up to $50,000 per incident, and the money would be turned over to the state’s immigration defense fund.

Tuesday’s hearing featured dozens of witnesses, most in favor of the bill and citing fears of deportation. One said that fear is “sewn into her skin.”

The hearing wrapped up Tuesday night with four amendments offered by the sponsors, Sens. Julie Gonzales, D-Denver, and Mike Weissman, D-Aurora.

Sponsors say the two amendments clarify the legislative intent, which Weissman indicated would be helpful to the courts in case of challenges.

One amendment declares immigration a statewide concern, designed to counter complaints that the bill interferes with local governments, particularly those with home rule authority.

Another amendment addresses legislative intent as it applies to temporary restraining orders or injunctions. For those remedies, the amendment stated that violations pose a “real, immediate and irreparable injury for which there is no plain, speedy and adequate remedy at law,” and the public interest is served by complying with the section of the bill.

The bill requires local governments to file quarterly reports to the attorney general and governor’s legal counsel on the number and types of requests for personal identifying information, including the name and title of the local government employee who either granted or denied the request. The report should also affirm the information provided did not violate the law.

In her final remarks, Gonzales lamented that people are too afraid to come to the state Capitol to offer their perspectives or even to testify remotely.

“How bad is it going to have to get for Coloradans, who don’t agree on this policy yet, before you change your minds?” she asked.

Immigrants living unlawfully in the U.S. make the agriculture industry run, keeps the service and tourism industries going, she said.

“A new seizure of an individual without due process or a warrant, signed by a judge, is unconstitutional. Full stop,” she added.

In response to the testimony of former Denver ICE director John Fabbricatore, Gonzales said his remarks demonstrate that “when you are a hammer, everything looks like a nail.”

Fabbricatore told the committee he witnessed firsthand the “devastating consequences of failed immigration policies and a misguided legislation that puts politics ahead of public safety.”

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.”

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.

SB 276, Gonzales said, clarifies what Colorado will or won’t do on this issue.

“How bad will it have to get before you say ‘this is not okay.’ To those who think it won’t happen in your community, or that they’re only going after the bad guys, you heard loud and clear from Coloradans from all over the state that this is already happening.”

Sen. Matthew Ball, D-Denver, noted the 11 million people are unlawfully living in the country and that the federal government has never fully addressed the issue. It’s been up to the president, he said, pointing out that deportations spiked under President Obama.

A deal last fall in Congress was called off after Trump, then a candidate, thought it was more useful as a political weapon, instead of a problem to be solved, Ball said.

“It’s political theater,” but not for the people who want to work honestly or for the “Dreamers,” he said, referring to children who crossed the country illegally with their parents and grew up in the U.S.

SB 276, which the Senate State, Veterans and Military Affairs Committee approved, now heads to the Senate Appropriations Committee.

Classroom of school (maroke)
Classroom of school (maroke)
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