DENVER — Next fall, Colorado voters could decide whether local law enforcement should be required to cooperate with federal immigration enforcement, such as U.S. Immigration and Customs Enforcement (ICE), in certain cases.
The proposed ballot measure would require law enforcement notify the Department of Homeland Security if a person “not lawfully present in the United States”—or with an “unknown” lawful presence after a “reasonable effort” to determine it—is charged with a violent crime or if the person has been convicted of a prior felony.
Conservative non-profit Advance Colorado is pushing for the proposed ballot measure, known as ‘Initiative 95.’ The non-profit announced Friday it submitted nearly 200,000 signatures to the Colorado Secretary of State’s office for verification. That office says 124,238 signatures are needed for a statewide initiative petition. Because it would change the state constitution, the initiative must also be signed by at least 2% of the total registered electors in each of the 35 Colorado state senate districts.
Currently, Colorado law generally bans law enforcement from cooperating with federal immigration authorities. The 2019 law passed by Colorado lawmakers argues law enforcement aiding federal immigration enforcement threaten Colorado residents’ rights to due process, protection against unlawful detainment and seizures, as well as undermines public trust in local police.
A new law passed this year allows up to a $50,000 fine for a state agency or political subdivision employee who shares someone’s personal data with those authorities.
Advance Colorado Executive Vice President Kristi Burton Brown calls Colorado a “sanctuary state” and says the current laws are “out of touch with what the majority of people think.”
The organization points to quotes from prominent Democratic leaders and politicians from Colorado and beyond over the past year, saying they would agree with federal immigration enforcement targeting violent criminals.
“This really isn't a controversial issue when you narrow in on violent criminals and repeat felons and saying it's pretty common sense that no one wants them free on our streets,” Burton Brown said.
Burton Brown added that the measure, if approved and passed by voters, would change Colorado’s Constitution and, “As with any constitutional provision, when the government violates it, people often find out.”
Denver7 asked if the measure could give law enforcement too much power to target immigrants who don’t actually fit the criteria of being a violent criminal or a previous convicted felon.
“Not at all, because the wording of this measure is really careful,” Burton Brown contended. “It doesn't say when someone's arrested you have to report to DHS. It specifically uses the word ‘charging,’ and so district attorneys actually have to make the decision—based on evidence and based on crimes that have been committed—when to charge someone with a violent crime or a repeat felony.”
Burton Brown says the signature verification process will likely take about a month. If approved, the initiative would move to the 2026 ballot.
