Colorado voters will decide this fall on a constitutional amendment, Amendment 81, that would require state and local law enforcement to increase cooperation with federal immigration authorities. If passed, the measure would compel law enforcement agencies, including police departments and sheriff’s offices across Colorado, to determine if individuals charged with certain crimes are “lawfully present” in the country.
The amendment would apply to individuals charged with violent crimes or those with a previous felony conviction. For such individuals, if law enforcement determines they lack proper legal status or if their status remains uncertain after an attempt to find out, the U.S. Department of Homeland Security must be notified within three days. As a constitutional amendment, Amendment 81 requires 55% of the vote to pass.
Currently, Colorado law limits how state and local law enforcement can interact with federal immigration authorities. State and local officers are barred from participating in civil immigration enforcement and cannot detain individuals solely based on a civil U.S. Immigration and Customs Enforcement (ICE) detainer request. Additionally, state and local government agencies are generally prohibited from sharing certain personal information with federal immigration authorities.
The text of Amendment 81 does not specify how a police officer, sheriff’s deputy, correctional officer, or district attorney should determine if someone is in the country legally. State and local authorities do not currently track the number of immigrants without permanent legal status who are charged with violent crimes.
Amendment 81 is one of six measures supported this year by Advance Colorado, a conservative “dark money” group that does not disclose its donors. A national “dark money” group, A Common Sense America, spent approximately $460,000 gathering signatures last August and September to place the amendment on the ballot. Advance Colorado has previously highlighted Colorado’s existing laws as “sanctuary policies” that “have stripped law enforcement of the ability to notify or assist federal immigration authorities—even when dealing with repeat felons.” An unattributed post from the organization asserts these policies “shield offenders and deepen Colorado’s public safety crisis.”
Opponents of the amendment launched their public campaign on Thursday with a rally at the state Capitol. Denver District Attorney John Walsh stated that the amendment would inevitably force law enforcement to report individuals who are ultimately American citizens or lawful permanent residents, calling it “a recipe for abuse and racial and ethnic profiling.” He also argued the measure would erode trust within immigrant communities statewide, making them less likely to report crimes. Walsh emphasized, “Today, state and local law enforcement can truthfully tell victims and witnesses that we do not participate in federal, civil immigration enforcement... If this passes, we would no longer be able to do that.”
Three issue committees are registered in opposition to Amendment 81: Colorado Communities First, The People’s No, and Vote Common Sense. These committees receive financial support from groups including ACLU Colorado, the Colorado Immigrant Rights Coalition, and the Colorado Organization for Latina Opportunity and Reproductive Rights.
Two issue committees are registered in favor of Amendment 81: the Eagle County Republican Women Club and A Brighter Colorado. A Brighter Colorado was registered in July to support all of Advance Colorado’s ballot measures and has received $250,000 from A Common Sense America and $20,000 from Advance Colorado, according to financial disclosures with the secretary of state’s office. Despite this, there is virtually no public-facing campaign specifically in support of the amendment, and Advance Colorado did not respond to a request for an interview.
Public opinion on immigration issues in Colorado varies. A poll conducted earlier this year by the Colorado Health Foundation found that 61% of Coloradans consider the mistreatment of immigrants a serious problem, and 65% view misconduct from federal immigration officials as a serious issue.
Regarding law enforcement agencies, the Colorado Association of Chiefs of Police is neutral on Amendment 81. The County Sheriffs of Colorado has not taken a position on any of the ballot measures.
