SB 25-276 is a Democrat-only sponsored bill that attacks the Rule of Law and will make Colorado less safe and less just.

It contains a predictably steep, yet unquantified, unfunded mandate to counties, who fund the 23 district attorneys’ offices across Colorado. SB 276 expands the opportunity for “noncitizen defendants” to challenge every guilty plea they have entered to every class of misdemeanor, petty offense, and even municipal charges, ”at any time following the entry of a guilty plea.” There is no time-limitation for this challenge.

Why? To protect non-citizens from the immigration consequences associated with convictions for their criminal conduct, of course. Previously, our left-leaning Legislature changed the maximum sentence for any misdemeanor to an immigration-friendly 364-day maximum jail sentence (deportation is triggered at potential sentences of one year or more). Previously, crimes like third-degree assault (wife beating), child abuse (child beating), DUI and careless driving resulting in death were punishable by one year or more in jail. No more. Now, Senadora (her term) Julie Gonzales, D-Denver, wants to provide a nearly unlimited opportunity for those previously convicted — but who have thus far evaded deportation — to challenge their deportation-eligible convictions.

It is an unfunded mandate because those nearly-limitless legal challenges will be litigated by county-funded district attorneys using the limited time of our state criminal courts. The fiscal note attached to the bill makes no effort to calculate the impact on the state courts, nor does it (ever) seek to quantify the impact on local governments. Thus, there are zero dollars flowing from the state to the counties to accommodate this “beat federal immigration law” scheme.

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The bill also expands its vice-like grip on information to cover all “state agencies” and “political subdivisions,” which broadly includes all sheriff’s offices, police departments, district attorneys offices, public defender offices, all judges and anyone who has ever possessed the Colorado state flag. It also defines “employee” of such subdivisions so broadly as to include interns. Gonzales’ bill seeks to enlarge and enhance the wall between those here who violate our federal laws, and the federal agency charged with enforcing them.

Because this effort appears to be born of emotion and contempt for our borders and existing immigration laws, it presupposes that all communication between local law enforcement and ICE works to the disadvantage of those whose are here without the formal consent of our country. Such an ill-informed attitude makes our community less safe and far less just.

For example, in many circumstances, ICE detains people without knowing whether they are suspected of having committed significant, violent crimes in our jurisdictions. Under Gonzales’ “citizenship schmitizenship” bill, local law enforcement agencies would risk $50,000 fines (which the bill mandates be credited to the “how to beat your deportation” legal fund) if they were to reach out to ICE with personal identifying information about a suspect they would like to keep here to prosecute.

Equally troubling is that this same prohibition would apply to illegal immigrant victims, whose presence may determine whether a murderer, child rapist, or other significant criminal is brought to justice in our court system. When witnesses and victims are deported, cases are crippled, dismissed, and victims do not receive justice. How is ICE to know whether they are about to report a victim or witness? Soothsaying? Local enforcement would have to risk a huge taxpayer-funded fine to coordinate personal information with ICE.

The bill also serves to keep Coloradans in the dark about the extent to which illegal immigrants impact our government services, criminal justice system and society as a whole. We will not get to know if they commit 1% of our crimes, 90%, or any number in between. For the “I love illegals” crowd, ignorance may be bliss, but for the rest of Coloradans it is reckless, unnecessary and potentially dangerous.

This bill’s purpose is to protect illegal immigrant criminals. And it will. On this point, there can be little debate. The passage of this bill — which will be signed by Gov. Polis, no doubt — will make us more vulnerable to victimization, and will serve as another example of how our state rejects the “Rule of Law.”

Passing state legislation to defeat the enforcement of current and long-standing federal legislation is an affront of the Rule of Law. Outside of actively championing the thwarting of federal immigration law, where else does Colorado pass laws to specifically defeat or frustrate the enforcement of federal laws of any kind?

As always, elections have consequences. This was not one most Coloradans intended with their votes.

George Brauchler is the 23rd Judicial District attorney and former district attorney for the 18th Judicial District. He has served as an Owens Early Criminal Justice Fellow at the Common Sense Institute. Follow him on Twitter (X): @GeorgeBrauchler.