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Colorado House passes immigrant protection bill amid new Trump lawsuit against state

Seth Klamann, The Denver Post on

Published in News & Features

A day after the Trump administration sued Denver and Colorado officials to invalidate restrictions on cooperation with immigration enforcement, Democratic lawmakers gave final approval Saturday to a bill that would expand the state’s laws.

As the end of the 2025 legislation approaches, the state House’s 42-21 party-line vote approving Senate Bill 276 moved it one step away from Gov. Jared Polis’ desk and — if he signs it — passage into law. The bill would prohibit local government entities and employees from sharing data with federal immigration authorities, and it would block those authorities from entering nonpublic areas of public buildings, jails and prisons without a warrant.

The bill also would prevent jails from delaying a person’s release for the benefit of immigration enforcement, eliminate certain affidavits that undocumented Coloradans must fill out to receive IDs or in-state tuition, and expand a law involving people who pleaded guilty to low-level crimes in specific circumstances. They would be able to request that those pleas be overturned if the plea had immigration consequences that were unknown to the defendant.

The bill’s supporters argued, often emotionally, that the expanded protections were necessary amid the Trump administration’s mass-deportation efforts and that they wanted to ensure federal authorities had proper warrants and obeyed due process requirements.

“When we violate due process, we violate justice,” said Rep. Lorena Garcia, an Adams County Democrat sponsoring the bill with Rep. Elizabeth Velasco. “When we violate due process, we send citizens to El Salvador. When we violate due process, we send people with legal status to unknown encampments.”

SB-276 passed an initial voice vote early Friday evening. As lawmakers debated the bill that afternoon, the U.S. Department of Justice’s lawsuit against Polis, Attorney General Phil Weiser and Denver Mayor Mike Johnston became public. The lawsuit seeks to invalidate so-called “sanctuary” laws that prohibit state officials from sharing information with federal authorities or holding people in jail on immigration detainers — laws that SB-276 builds upon.

Republican lawmakers, who have opposed the bill throughout its legislative journey, warned Friday that its passage risked the wrath of President Donald Trump.

On Saturday, they argued that the immigration system should be reformed but that undocumented immigrants shouldn't be able to "cut the line" in which other immigrants had to wait. Rep. Max Brooks of Castle Rock said that although some immigrants crossed the border seeking a better life, others came to "damage this country."

"There will be time for compassion, but right now's not the time," said Rep. Carlos Barron, a Fort Lupton Republican.

Rep. Ty Winter, the Republicans' assistant minority leader, said both parties had made political and fundraising hay out of not solving the immigration crisis for years. He called on the legislature to send a bipartisan letter to federal authorities urging them to find a permanent fix.

Democrats, meanwhile, seemed undaunted by Trump's efforts to unwind the state's laws.

 

"I'm not going to be threatened to legislate, and I'm not going to engage with the lawfulness of my legislation based on a threat from someone who is violating the law," Rep. Chad Clifford of Centennial told lawmakers.

Rep. Yara Zokaie of Fort Collins said Trump's mass-deportation efforts were the reason for the bill. She said SB-276 took seriously "the crisis that the federal administration poses for immigrants in particular and for marginalized people in general."

Because the bill was amended in the House, its Senate sponsors must now decide whether to accept the House's changes or convene a committee to negotiate them. Once that process is finished, the bill will move to Polis — who will have 30 days to sign it, veto it or allow it to pass into law without his signature.

Eric Maruyama, Polis' spokesman, said in a statement Saturday: "The Governor’s office has expressed concerns about the original version of SB25-276 and has been working with legislators, as well as stakeholders, including law enforcement, throughout the process on amendments that would help gain the Governor’s support. Colorado is not a sanctuary state, and Governor Polis continues urging Congress to secure the border and do their job and pass comprehensive immigration reform.”

Maruyama would not say if Polis now supported the proposal.

The governor "will review the final version of the bill when it reaches his desk," the spokesman wrote.

After the bill passed, the House's Democratic lawmakers gathered for a photo in front of the screen displaying the vote total. Some clapped and hugged.

The legislative session ends Wednesday.

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