State Ballot Measure Could Boost Local Law Enforcement Cooperation with Federal Immigration Authorities

Colorado voters will decide this fall on a constitutional amendment, Amendment 81, that would require local law enforcement agencies, including those in Mesa County, to cooperate more closely with federal immigration authorities. If approved, the measure would compel law enforcement to determine if a person charged with a violent crime or who has a previous felony conviction is “lawfully present” in the country.

Under the proposed amendment, if an individual in custody lacks proper legal status or if their status cannot be confirmed after an attempt, law enforcement would be required to notify the U.S. Department of Homeland Security within three days. As a constitutional amendment, it needs 55% of the vote to pass.

Currently, Colorado law limits cooperation between state and local law enforcement and federal immigration authorities. State and local officers are barred from participating in civil immigration enforcement and cannot detain individuals based on a civil U.S. Immigration and Customs Enforcement (ICE) detainer request. State and local government agencies are also generally prohibited from sharing certain personal information with federal immigration authorities. Denver District Attorney John Walsh stated that under current law, state and local law enforcement can truthfully tell victims and witnesses that they do not participate in federal, civil immigration enforcement. Walsh added, “If this passes, we would no longer be able to do that.”

The amendment's text does not specify how a police officer, sheriff’s deputy, correctional officer, or district attorney should determine legal status. State and local authorities do not track how many immigrants who lack permanent legal status are charged with violent crimes.

Amendment 81 is one of six measures supported this year by Advance Colorado, a conservative group that does not disclose its donors. Last August and September, A Common Sense America, a national group that also does not disclose donors, spent approximately $460,000 gathering signatures to place the amendment on the ballot. Advance Colorado, in a post about immigration “sanctuary policies,” highlighted Colorado’s existing laws that limit cooperation and stated these policies “have stripped law enforcement of the ability to notify or assist federal immigration authorities—even when dealing with repeat felons” and “shield offenders and deepen Colorado’s public safety crisis.”

Issue committees registered in favor of Amendment 81 include the Eagle County Republican Women Club and A Brighter Colorado. A Brighter Colorado, which registered in July to support Advance Colorado’s ballot measures, 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 in support of the amendment, and Advance Colorado did not respond to an interview request.

Opponents launched their campaign Thursday with a rally at the state Capitol. Denver District Attorney John Walsh argued the amendment would force law enforcement to report people to ICE who may ultimately be American citizens or lawful permanent residents if their status cannot be verified within 72 hours. He called it “a recipe for abuse and racial and ethnic profiling” and warned it would erode trust within immigrant communities, making them less likely to report crimes.

A poll conducted earlier this year by the Colorado Health Foundation found that 61% of Coloradans view the mistreatment of immigrants as a serious problem, and 65% believe misconduct from federal immigration officials is a serious issue. Three issue committees are registered in opposition to the amendment: Colorado Communities First, The People’s No, and Vote Common Sense. These committees are financially supported by groups such as ACLU Colorado, the Colorado Immigrant Rights Coalition, and the Colorado Organization for Latina Opportunity and Reproductive Rights.

Regarding the positions of law enforcement organizations, the Colorado Association of Chiefs of Police is neutral on the amendment. The County Sheriffs of Colorado has not taken a position on any of the ballot measures.