This bill expands and strengthens legal protections that prevent public institutions in Colorado from cooperating with federal immigration enforcement without proper judicial authorization.
Key Provisions
1. Limits on Disclosure and Access (New Article 74.1 of Title 24)
Public child care centers, K–12 schools, higher education institutions, and public health-care facilities may not:
Disclose information about parents, guardians, or relatives without consent or legal authorization.
Allow access to non-public areas of facilities for immigration enforcement unless a warrant or order is issued by a federal judge or magistrate.
2. Exceptions for Authorized Federal Action
These limits do not apply if:
There is a valid federal subpoena, court order, or warrant.
The student, patient, or parent has given written consent.
3. Required Institutional Policies (by September 1, 2025)
Covered institutions must adopt clear internal policies that:
Define how they handle requests from federal immigration authorities.
Designate staff responsible for responding to such requests.
Maintain records of immigration enforcement interactions.
Notify individuals or families affected, where appropriate.
Policies must be publicly accessible via websites, handbooks, or portals.
4. Civil Enforcement
Institutions that intentionally violate these provisions face:
Injunctions
Civil penalties up to $50,000 per violation
Funds from penalties go to the Immigration Legal Defense Fund
Changes to Existing Statutes on Immigration Enforcement
5. Civil Immigration Detainers
Prohibits law enforcement from:
Detaining or arresting individuals solely based on federal immigration detainers.
Delaying release after bond is posted for immigration enforcement.
Requesting civilian assistance in detaining individuals for immigration reasons.
6. Access in Detention Facilities
Denies access to non-public areas of jails and correctional facilities unless:
Federal agents have a federal judge’s warrant or writ.
7. Limits on Probation and Pretrial Services
Probation officers and pretrial staff are barred from sharing personal information with immigration enforcement.
Data Privacy and Sensitive Data Updates
8. Clarifies Consumer Data Protections
Requires that data collected must be:
Necessary and proportionate to the services requested.
Bars sale or processing of sensitive data without consent.
Education-Specific Provisions
9. Charter and Public School Waivers
The State Board of Education may not waive requirements related to:
Use of students’ chosen names
Cultural/religious attire at graduation
Immigration enforcement policies under Article 74.1
Military Provision
10. Military Entry into Colorado
Prohibits military forces from other states from entering Colorado without the Governor's permission, unless under federal orders.
Effective Date
Takes effect 90 days after the legislative session ends, unless a referendum petition is filed.
If referred to voters, it becomes law only if approved in the November 2026 election.
Impact
Significantly limits state and local cooperation with federal immigration enforcement.
Strengthens privacy protections for immigrant communities in public institutions.
Establishes clear legal consequences and enforcement mechanisms for violations.
Summary
Under current law, a person who does not have lawful immigration
status must submit an affidavit stating that they have either applied for lawful presence or will apply for lawful presence as soon as they are eligible when the person is applying for:
•
In-state student tuition classification; or •
An identification document pursuant to the Colorado Road and Community Safety Act.
The bill repeals these affidavit requirements.
Under current law, a jail custodian is generally required to release
a defendant within 6 hours after the defendant has been granted a personal recognizance bond or is prepared to post bond. The bill prohibits the jail custodian from delaying a defendant's release for the purpose of an immigration enforcement operation.
Under current law, a criminal defendant may petition a court to
vacate a guilty plea to a class 1 or class 2 misdemeanor or a municipal offense if the criminal defendant alleges that:
•
They were not adequately advised by defense counsel of adverse immigration consequences of a guilty plea;
•
They did not knowingly, intelligently, or voluntarily waive the right to counsel because they were not advised that the right to counsel includes the right to be advised regarding immigration consequences of a guilty plea; or
•
The guilty plea was constitutionally infirm.
The bill extends the ability to petition a court to vacate a guilty plea to class 3 misdemeanors as classified at the time of the plea, traffic misdemeanors, and petty offenses.
Under current law, state agencies and state agencies' employees
are:
•
Required to comply with provisions that limit the disclosure, collection, and access to a person's personal identifying information;
•
Required to annually report certain information concerning requests made for a person's personal identifying information; and
•
Subject to a civil penalty for an intentional violation of the requirements.
The bill extends these requirements concerning a person's personal identifying information to political subdivisions and their employees.
The bill 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 requirements. An employee who intentionally violates a requirement is subject to a civil action, and the civil action is exempt from statutory or qualified immunity.
Under current law, a peace officer who is employed by the
Colorado state patrol, a municipal police department, a town marshal's office, or a county sheriff's office is prohibited from arresting or detaining an individual on the basis of a civil immigration detainer request. The bill extends the prohibition to a peace officer designated by the state as a peace officer.
Under current law, a probation officer or probation department
employee is prohibited from providing personal information about an individual to federal immigration authorities. The bill extends this prohibition to a pretrial officer or pretrial services office employee.
The bill 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.
Under current law, certain governmental entities are limited in
contracting to detain an individual for federal civil immigration purposes. The bill removes the condition that the contract is for payment.
The bill prohibits a military force from another state from entering
the state without the governor's permission, unless the military force from another state is acting on federal orders and acting as a part of the United States armed forces.
The bill prohibits a controller from collecting personal data beyond
what is reasonable, necessary, and proportionate to provide a product or service requested by a consumer.
