DENVER —Governor Jared Polis has repeatedly said Colorado is not a sanctuary state for illegal immigration, but that claim may soon be put to the veto-pen test as a bill further restricting state cooperation with federal immigration authorities quickly makes its way through the Democrat-controlled legislature.
Senate Bill 25-276, Protect Civil Rights Immigration Status, is misleading by its title alone as it seeks to “protect” only those in the country illegally and residing in Colorado from facing deportation under the Trump administration’s ongoing illegal immigrant removal efforts.
According to the bill summary, changes to existing law made by SB 276 includes, among other things:
- Repeals a requirement that illegal aliens must submit an affidavit stating that they have either applied to remain in the US legally or will apply as soon as they are eligible when that person is applying for:
- In-state student tuition classification; or
- An identification document
- Prohibits a jail custodian “from delaying a defendant’s release for any time period for the purpose of an immigration enforcement operation.”
- Extends the ability, under certain circumstances, for an illegal alien who is facing criminal charges “to petition a court to vacate a guilty plea for a Class 1 or 2 Misdemeanor charge or a municipal charge to include Class 3 Misdemeanors, traffic misdemeanors, and petty offenses.”
- Expands an existing prohibition on “arresting or detaining” illegal immigrants on a federal detainer request to include anyone “designated by the state as a peace officer.”
- Creates minimum requirements for a “public child care center, public school, local education provider, public institution of higher education, or public health-care facility concerning access to its facilities or property and creates a civil penalty for a violation of the requirement.”
- Expands a prohibition on “providing personal information about an individual to federal immigration authorities“ to include “a pretrial officer or pretrial services office employee.”
- Prohibits a “peace officer or employee or agent of a detention facility from allowing federal immigration authorities access to a part of the detention facility that is not accessible to the public, unless required by a federal warrant or writ to transfer an inmate to or from federal custody.”
Gov. Jared Polis has expressed concerns about the bill, with a spokesman telling the ABC affiliate Denver7 that Polis “looks forward to working with legislators throughout the process on amendments that would help gain his support. He will review the legislation as it changes through the process.”
The bill has already passed out of the Senate and scheduled for the House Judiciary Committee at 1:30 p.m. in the Old State Library on Monday, April 28.
