Senate Bill 25-047 Introduced

A Bill for an Act

• Page 1, Line 101Concerning reversing certain actions by the general

• Page 1, Line 102assembly related to measures intended to limit

• Page 1, Line 103enforcement of federal immigration law.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

In 2006, the general assembly passed Senate Bill 06-090, which:

• Prohibited a local government from passing any ordinance or policy that would prohibit a police officer, local official, or local government employee from cooperating with federal officials with regard to the immigration status of a person within the state;
• Required a peace officer who has probable cause to believe that a person is not legally present in the United States to report the person to the federal immigration and customs enforcement office;
• Required each local government to provide notice to peace officers of the duty to report and to provide written confirmation of the notice and reporting statistics to the general assembly; and
• Prohibited a local government that violates this provision from receiving any grants administered by the department of local affairs.
• A person from being arrested while the person is present at a courthouse, or while going to, attending, or coming from a court proceeding, and provides remedies for a violation;
• A probation officer or probation department employee from providing personal information about an individual to federal immigration authorities; and
• State and local governmental entities from contracting with a private entity for immigration detention services or entering into agreements for immigration detention services.

Senate Bill 06-090 was repealed in 2013. The bill recreates and reenacts Senate Bill 06-090.

Current law prohibits:

The bill repeals each of these laws.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  Legislative declaration. (1)  The general assembly finds and declares that:

• Page 2, Line 3(a)  Data released by the federal Department of Homeland Security

• Page 2, Line 4annual report for fiscal year 2023 compels the repeal of certain prior

• Page 2, Line 5legislation giving protected status to undocumented aliens who have criminal records or who are convicted of crimes under Colorado law;

• Page 2, Line 6(b)  Local law enforcement agencies, district attorneys, Colorado

• Page 2, Line 7jails, and the department of corrections are paying for the living and

• Page 2, Line 8housing costs of illegal violent criminal offenders at Colorado taxpayers' expense;

• Page 3, Line 1(c)  The state Department of Corrections and county and municipal

• Page 3, Line 2police agencies routinely release hundreds of criminal aliens back into the

• Page 3, Line 3community annually without notifying the federal Department of

• Page 3, Line 4Homeland Security of the release date and time because such notification

• Page 3, Line 5and cooperation with federal immigration authorities is obstructed by current state law;

• Page 3, Line 6(d)  The release of violent criminal illegal aliens victimizes the

• Page 3, Line 7very communities they are returned to and creates a feeling of fear within these communities;

• Page 3, Line 8(e)  The state of Colorado, local jurisdictions, and political

• Page 3, Line 9subdivisions can no longer bear the fiduciary costs related to the violent illegal immigrants that victimize their communities; and

• Page 3, Line 10(f)  Senate Bill 25-_____ does not give Colorado peace officers

• Page 3, Line 11the authority to contact or detain any individual without probable cause

• Page 3, Line 12or without a violation of Colorado criminal law, nor does it authorize round-up operations or stop-and-show-your-papers enforcement actions.

• Page 3, Line 13(2)  Therefore, the general assembly determines it is necessary to

• Page 3, Line 14repeal previous legislation that protected illegal aliens who have criminal records or who are convicted of crimes under Colorado law.

• Page 3, Line 15SECTION 2.  In Colorado Revised Statutes, recreate and reenact, with amendments, article 29 of title 29 as follows:

• Page 3, Line 16ARTICLE 29

• Immigration Status

• Page 3, Line 17Cooperation with Federal Officials

• Page 3, Line 1829-29-101.  Legislative declaration. (1)  The general assembly

• Page 3, Line 19finds, determines, and declares that:

• Page 4, Line 1(a)  Sanctuary policies are local government ordinances

• Page 4, Line 2or policies that prohibit local officials, including peace officers,

• Page 4, Line 3from communicating or cooperating with federal officials with regard to the immigration status of any person within the state;

• Page 4, Line 4(b)  The matters contained in this article 29 have

• Page 4, Line 5important statewide ramifications for compliance with and enforcement of federal immigration laws; and

• Page 4, Line 6(c)  Sanctuary policies allow illegal immigrants to reside in Colorado and undermine federal immigration law.

• Page 4, Line 7(2)  The general assembly therefore declares that the

• Page 4, Line 8matters addressed in this article 29 are matters of statewide concern.

• Page 4, Line 929-29-102.  Definition.As used in this article 29, unless the

• Page 4, Line 10context otherwise requires,"local government" means a town, city, city and county, or county.

• Page 4, Line 1129-29-103.  Cooperation with federal officials regarding

• Page 4, Line 12immigration status. (1)  A local government, whether acting

• Page 4, Line 13through its governing body or by an initiative, referendum, or

• Page 4, Line 14any other process, may not enact an ordinance or policy that

• Page 4, Line 15limits or prohibits a peace officer, local official, or local

• Page 4, Line 16government employee from communicating or cooperating with

• Page 4, Line 17federal officials with regard to the immigration status of a person within this state.

• Page 4, Line 18(2) (a) (I)  A peace officer who has probable cause to

• Page 4, Line 19believe that an arrestee for a criminal offense is not legally

• Page 4, Line 20present in the United States may report the arrestee to the

• Page 4, Line 21United States immigration and customs enforcement office if the

• Page 5, Line 1arrestee is not held at a detention facility. If the arrestee is

• Page 5, Line 2held at a detention facility and the county sheriff reasonably

• Page 5, Line 3believes that the arrestee is not legally present in the United

• Page 5, Line 4States, the sheriff may report the arrestee to the United States immigration and customs enforcement office.

• Page 5, Line 5(II)  This subsection (2) does not apply to a person who is

• Page 5, Line 6arrested for a suspected act of domestic violence, as defined in

• Page 5, Line 7section 18-6-800.3, until the person is convicted of a domestic violence offense.

• Page 5, Line 8(b)  The general assembly finds and declares that the

• Page 5, Line 9state attorney general and all appropriate state and local law

• Page 5, Line 10enforcement agencies may vigorously pursue all federal money

• Page 5, Line 11to which the state may be entitled for the reimbursement of money spent to enforce federal immigration laws.

• Page 5, Line 12SECTION 3.  In Colorado Revised Statutes, 13-1-114, amend (1)(c) and (1)(d); and repeal (1)(e) as follows:

• Page 5, Line 1313-1-114.  Powers of court. (1)  Every court has power:

• Page 5, Line 14(c)  To compel obedience to its lawful judgments, orders, and

• Page 5, Line 15process and to the lawful orders of its judge out of court in action or proceeding pending therein; and

• Page 5, Line 16(d)  To control, in furtherance of justice, the conduct of its ministerial officers. and

• Page 5, Line 17(e)  To preserve access to courthouses and court proceedings,

• Page 5, Line 18prevent interruption of court proceedings, and enforce protection from

• Page 5, Line 19civil arrest at a courthouse or on its environs pursuant to section 13-1-403.

• Page 5, Line 20SECTION 4.  In Colorado Revised Statutes, repeal part 4 of article 1 of title 13, article 76.6 of title 24, and article 76.7 of title 24.

• Page 6, Line 1SECTION 5.  Act subject to petition - effective date. This act

• Page 6, Line 2takes effect at 12:01 a.m. on the day following the expiration of the

• Page 6, Line 3ninety-day period after final adjournment of the general assembly; except

• Page 6, Line 4that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 6, Line 5of the state constitution against this act or an item, section, or part of this

• Page 6, Line 6act within such period, then the act, item, section, or part will not take

• Page 6, Line 7effect unless approved by the people at the general election to be held in

• Page 6, Line 8November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.