After a narrow 6–5 vote, a bill to bar employers from taking workers’ identification documents is moving to the full Colorado House, sparking questions about how often such intimidation occurs and whether a new state law is necessary.

House Bill 1283, sponsored by Democratic Reps. Junie Joseph and Naquetta Ricks, would make it a Class 2 misdemeanor to knowingly confiscate an employer’s identification documents without lawful authority.

The bill, as it is currently written, would also require employers to provide workers with written notice of their rights and to label turning over an employee’s identification to federal immigration authorities — or threatening to do so — as a bias-motivated crime.

The bill is about protecting workers’ “basic dignity, safety, and legal visibility,” said Joseph.

Without identification documents, people are unable to gain employment, housing, and health care, she said. For immigrant workers, who are the most likely to have their identification confiscated, such documents are necessary to maintain legal status in the United States, according to Joseph.

“Confiscating someone’s ID can create conditions of fear, dependency, and vulnerability to exploitation, particularly for immigrant workers and individuals in economically precarious situations,” said Joseph.

During the debate on the proposed legislation, some legislators questioned whether the bill creates a charge for a crime that doesn’t exist.

Colorado Springs Republican Rep. Ava Flanell noted that its fiscal analysis shows no one has ever been convicted under an existing law for unlawful intimidation of a worker.

“I’m just wondering if this is a problem that needs to be addressed,” she said. “Are we creating a law that is solving a problem that doesn’t exist?”

Joseph and Ricks countered that intimidation happens, as does the confiscation of workers’ identification documents, but that workers are often too afraid to report these incidents to law enforcement.

The bill narrowly escaped the Judiciary Committee on a 6-5 vote, with all Republicans and Denver Democrat Cecelia Espenoza voting against it.

Espenoza said she understands and agrees with the intent of the bill, but argued that, if someone is already engaging in illegal behavior like trafficking or forced labor, it’s unlikely they’re going to provide workers with a notification that what they’re doing is illegal.

“Under the premise that this is already illegal conduct happening, what enhancement does this bill provide as an incentive to not engage in that conduct?” she asked the sponsors.

While federal law prohibits employers from confiscating employees’ identification documents, it only applies to extreme situations, such as human trafficking or forced labor, Joseph said.

“Federal laws are enforced federally and are rarely used for day-to-day workplace violations,” he added. “This bill gives Colorado the ability to enforce protections directly, quickly, and consistently.”

If a worker’s identification documents are taken, they lose their freedom to walk away, said Christopher Nurse of the Colorado Immigrant Rights Coalition. Without their papers, they become dependent on whoever is holding them, may feel forced to stay in a job they want to leave, and often avoid reporting unsafe conditions or wage theft because they fear losing their employment.

Nurse did not name any specific businesses known to confiscate workers’ identification. He said it’s most prevalent in the agricultural and construction industries, which have high concentrations of immigrant workers.

The bill’s next stop is a debate of the full House.