The U.S. federal government has sole control over immigration, with authority to decide who can enter and under what conditions. However, states can pass laws affecting immigrants and how federal immigration laws are enforced, as long as they don't conflict with federal law.
The good news is that Colorado has some of the strongest protections for immigrant rights in the nation. Here are key protections and laws that you should know:
Colorado law prohibits local law enforcement from arresting or detaining a person based solely on their immigration status or at ICE's request. It also prevents authorities from providing an individual's immigration status to federal officials.
State agencies are forbidden from sharing personal identifying information with ICE unless ICE provides a warrant or subpoena.
Third-party entities can only access state databases if they sign an agreement not to share information with ICE.
State agencies can only collect immigration status when required by state or federal law.
Another law bans civil arrests, like those often made by ICE officers, while a person is present at a courthouse, its surrounding areas, or while traveling to or from a court proceeding.
If you need to go to court and are worried about being arrested by ICE, you can ask the judge for a Writ of Protection before your hearing.
If you're unsure, ask your lawyer or the court clerk about how to request a Writ of Protection before your hearing. In alternative, you can request for an advanced permission to appear for a court hearing by video.
Important: This law does not apply to criminal arrests. Law enforcement can still arrest you if there is a criminal warrant or probable cause for a crime.
Under Colorado law, it is a crime to threaten to report someone's immigration status to law enforcement in order to obtain something of value. House Bill 21-1057 prohibits threats to report a person's immigration status to law enforcement to coerce another person against their will to engage in, or refrain from, performing an otherwise legal act, such as reporting a crime.
Pursuant to the 2023 law, Colorado law enforcement cannot enter into contracts with federal agencies like ICE or private entities that operate detention centers to detain people for civil immigration violations.
If a person is in jail on criminal charges, they must be informed of their right to refuse an interview with ICE.
Report Violations of Colorado Laws
If you or someone you know has experienced violations of these protections, please contact the Attorney General's office.
As an immigrant, there are challenges at every corner. Lear Immigration Law is here to help you navigate these challenges. Contact us today to discuss your options and protect your rights. Together, we'll get through this, one step at a time.
Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal advice specific to your situation, please consult a qualified immigration attorney.
