Politics
Colorado proposal would require police to alert ICE about some people in custody
Amendment 81 would require local and state law enforcement to notify federal immigration officials within 72 hours in certain cases involving people charged with violent crimes or with prior felony convictions. Opponents warn the measure could encourage racial profiling and deter people from contacting police; supporters say it targets serious offenses without expanding arrest powers.
A proposed Colorado constitutional amendment would require state and local law enforcement agencies to notify U.S. Immigration and Customs Enforcement when some people in their custody may be in the country unlawfully, changing rules that currently generally bar agencies from sharing personally identifying information with ICE without a court order.
Amendment 81 would apply when a person in custody is charged with a “crime of violence” or has a prior felony conviction. Police would also have to notify ICE if, after a “reasonable effort,” they cannot determine the person’s immigration status. The notification would be due within 72 hours after charges are filed.
The proposal has drawn objections over how officers would decide whether they had made a reasonable effort to establish someone’s status. Opponents say the undefined standard could enable racial profiling and make people of color less willing to report crimes or cooperate with police. They also warn that a person could face immigration consequences after being charged, before being convicted.
Supporters argue that racial profiling is already prohibited and say officers would use standard identification and verification procedures rather than appearance to determine legal status. They say the amendment would not give federal, state or local officers new authority to arrest people for immigration violations, and would focus on people charged with violent crimes or previously convicted of felonies.
Colorado’s existing limits on cooperation with ICE have led the state to be described as a sanctuary state. Amendment 81 would create an exception to those limits in the specified cases, making the relationship between local policing and federal immigration enforcement a point of debate for Colorado voters.