Bill Tracker

The U.S. immigration and customs enforcement contracts out a portion of its detention capacity to state and local governments. State and local governments may then subcontract with prisons or immigration detention facilities that are owned, managed, or operated by private entities to house or detain individuals for federal civil immigration purposes.

This bill prevents the state and any local government from contracting with a private entity, as outlined below. Goal is to prevent Colorado taxpayer resources from supporting federal detentions on civil matters, for a profit motive.

Beginning on January 1, 2024, the bill prohibits the state and any local government in the state (governmental entity) from:

• Entering into an agreement for the detention of individuals in an immigration detention facility that is owned, managed, or operated by a private entity;
• Selling any government-owned property for the purpose of establishing an immigration detention facility that is or will be owned, managed, or operated by a private entity;
• Paying any costs related to the sale, purchase, construction, development, ownership, management, or operation of an immigration detention facility that is or will be owned, managed, or operated by a private entity;
• Receiving any payment related to the detention of individuals in an immigration detention facility that is owned, managed, or operated by a private entity; or
• Giving financial incentives or benefits to a private entity in connection with the sale, purchase, construction, development, ownership, management, or operation of an immigration detention facility that is or will be owned, managed, or operated by a private entity.

The bill specifies that nothing in the bill prohibits a governmental entity from providing health and safety resources to individuals who are being detained for immigration purposes. The bill also specifies that nothing in the bill prohibits a local government from contracting for health, utility, and sanitation services to immigration detention facilities.

In addition, beginning on January 1, 2024, the bill prohibits a governmental entity from entering into or renewing an agreement for payment to house or detain individuals for federal civil immigration purposes (immigration detention agreement). The bill also requires a governmental entity with an existing immigration detention agreement to exercise the termination provision contained in the agreement by a specified date. date, or as soon as possible within the terms of the immigration detention agreement if termination by the specified date is not possible.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

LWV positions to support:

The League supports due process for all persons, including the right to a fair hearing, right to counsel, right of appeal, and right to humane treatment.

In achieving overall policy goals, the League supports a system for individuals living in the country without legal permission to earn legal status, including citizenship, by paying taxes, studying civics, and meeting other relevant criteria. While policy reforms, including a path to legal status, remain unachieved, the League does not support deporting these immigrants who have no history of major and/or violent criminal activity.

 LWVCO Supports this bill.

The United States immigration and customs enforcement, the
federal agency responsible for overseeing and implementing policies
related to immigration detention, contracts out a portion of its detention
capacity to state and local governments. State and local governments may
then subcontract with prisons or immigration detention facilities that are
owned, managed, or operated by private entities to house or detain
individuals for federal civil immigration purposes.
Beginning on January 1, 2024, the bill prohibits the state and any
local government in the state (governmental entity) from:
  • Entering into an agreement for the detention of individuals
in an immigration detention facility that is owned,
managed, or operated by a private entity;
  • Selling any government-owned property for the purpose of
establishing an immigration detention facility that is or will
be owned, managed, or operated by a private entity;
  • Paying any costs related to the sale, purchase, construction,
development, ownership, management, or operation of an
immigration detention facility that is or will be owned,
managed, or operated by a private entity;
  • Receiving any payment related to the detention of
individuals in an immigration detention facility that is
owned, managed, or operated by a private entity; or
  • Giving financial incentives or benefits to a private entity in
connection with the sale, purchase, construction,
development, ownership, management, or operation of an
immigration detention facility that is or will be owned,
managed, or operated by a private entity.
In addition, beginning on January 1, 2024, the bill prohibits a
governmental entity from entering into or renewing an agreement for
payment to house or detain individuals for federal civil immigration
purposes (immigration detention agreement). The bill also requires a
governmental entity with an existing immigration detention agreement to
exercise the termination provision contained in the agreement by a
specified date.

• April 17, 2023: Senate Judiciary Committee Report
• February 07, 2023: House Judiciary Committee Report
• February 07, 2023: HB23-1100 L.001 House Judiciary
• February 07, 2023: House Judiciary Committee Report