Politics
Colorado sheriffs and prosecutors disagree over proposed ICE cooperation mandate
Amendment 81 would require local law enforcement to make efforts to determine immigration status in certain investigations and share information with federal agents. Supporters say it could help identify suspects; critics warn it could damage community trust, complicate criminal cases and expose people to mistaken scrutiny.
Colorado law enforcement leaders are divided over a November ballot measure that would require local agencies to cooperate more closely with U.S. Immigration and Customs Enforcement in certain investigations.
Amendment 81 would override state laws limiting information-sharing and cooperation between ICE and agencies including police departments, sheriff’s offices, the Colorado State Patrol and the Department of Corrections. It would apply in investigations involving violent crimes or people with prior felony convictions, and would call for local officers to make efforts to determine whether suspects are in the country without authorization and share relevant information with federal agents.
ICE can already access information about people held in Colorado jails, including their names, alleged offenses and upcoming court dates. But supporters of the amendment argue that access may not establish a person’s immigration status.
Teller County Sheriff Jason Mikesell said he asks some people booked into his jail where they were born, particularly when they lack identification, but cannot pass that information to ICE under current state law. He argued that additional information could help federal agents identify people among large jail populations.
Mikesell cited a serial burglary suspect whom he said was in the country without legal status and moved among jails around Colorado. The person was released on parole twice, Mikesell said, adding that state law prevented corrections officials from notifying ICE about the releases. ICE could also track court and parole proceedings or develop alerts about impending releases, but those options would be more difficult, he said.
Boulder County Sheriff Curtis Johnson opposes the measure, saying it could undermine relationships that encourage immigrants to report crimes and serve as witnesses. His deputies have invested considerable effort in building trust, he said at a recent public forum, and residents may hesitate to approach police if they suspect those relationships involve ICE.
Johnson also questioned whether local officers are equipped to determine immigration status. He said the additional work could divert time and resources from other duties, while undermining public safety by discouraging victims and witnesses from coming forward.
The measure’s wording also concerns El Paso and Teller County District Attorney Michael Allen, a Republican candidate for Colorado attorney general who has not taken an official position. Allen warned that U.S. citizens and people legally in the country could be swept into information-sharing before their status is verified. He described the proposal as heavy-handed, while saying its backers were responding to state laws that restrict cooperation with ICE.
The practical details remain unclear, including what would count as a “reasonable effort” to determine someone’s status and how officers would handle questions when a person has the right not to answer. Critics also warn that asking people about their origins could encourage racial profiling. The proposal could add immigration inquiries to investigations of alleged crimes even though immigration violations are generally civil matters.
Boulder District Attorney Michael Dougherty said ICE involvement before a criminal case is resolved can harm victims and impede justice. If a defendant is deported during a case, he said, the criminal proceeding may not deliver accountability for the alleged offense.
Amendment 81 is backed by Advance Colorado, a group whose organizers declined to discuss the proposal. The group’s funding is not public.