Signed by Governor Jared Polis

Vote Smart's Synopsis:

A vote to pass a bill that prohibits local law enforcement officials from using public funds and resources to help enforce federal civil immigration laws.

Highlights:

• Prohibits a law enforcement officer from arresting or detaining an individual on the basis of a civil immigration detainer request (Sec. 2).

• Prohibits a probation officer or probation department employee from providing personal information about an individual to federal immigration authorities (Sec. 2).

• Specifies that nothing in this act prevents any law enforcement officer or employee from cooperating or assisting federal immigration enforcement authorities in the execution of a warrant issued by a federal judge or magistrate, or honoring any writ issued by any state or federal judge concerning the transfer of a prisoner to or from federal custody (Sec. 2).

• Specifies that nothing in this act prevents any law enforcement officer from investigating or enforcing any criminal law or from participating in coordinated law enforcement actions with federal law enforcement agencies in the enforcement of local, state, or federal criminal laws (Sec. 2).

• Specifies that nothing in this act prevents law enforcement officers from coordinating telephone or video interviews between federal immigration authorities and individuals incarcerated in any county or local jail, or other custodial facility, to the same extent as telephone or video contact with such individuals is allowed by the general public, if the individual has been advised in their language of choice of certain information in writing, including but not limited to, the following (Sec. 2):

• The interview is being sought by federal immigration authorities;

• The individual has the right to decline the interview and remain silent;

• The individual has the right to speak to an attorney before submitting to an interview; and 

• Anything the individual says may be used against them in subsequent proceedings, including in a federal immigration court.

• Defines “personal information” as any confidential identifying information about an individual, including but not limited to (Sec. 2):

• Home or work contact information;

• Family or emergency contact information;

• Probation meeting date and time;

• Community corrections locations or meeting dates and times; or 

• The meeting date and time for criminal court-ordered classes, treatment, and appointments.

• Defines “civil immigration detainer” as a written request issued by federal immigration enforcement authorities to law enforcement officers to maintain custody of an individual beyone the time when the individual is eligible for release from custody, including any request for law enforcement agency action, warrant for arrest of an undocumented immigrant, order to detain or release an undocumented immigrant, or warrant of removal or deportation of any form, over federal immigration enforcement authorities (Sec. 2).

• Defines “eligible for release from custody” as an individual who can be released from custody because one of the following conditions has occurred (Sec. 2):

• All criminal charges against the individual have been dropped or dismissed;

• The individual has been acquitted of all criminal charges filed against them;

• The individual has served all the time required for their sentence;

• The individual has posted a bond or has been released on their own recognizance;

• The individual has been referred to pretrial diversion services; or 

• The individual is otherwise eligible for release under state or municipal law.

Full Bill Text

Vote Smart's Synopsis:

A vote to pass a bill that prohibits local law enforcement officials from using public funds and resources to help enforce federal civil immigration laws.

Highlights:

• Prohibits a law enforcement officer from arresting or detaining an individual on the basis of a civil immigration detainer request (Sec. 2).

• Prohibits a probation officer or probation department employee from providing personal information about an individual to federal immigration authorities (Sec. 2).

• Specifies that nothing in this act prevents any law enforcement officer or employee from cooperating or assisting federal immigration enforcement authorities in the execution of a warrant issued by a federal judge or magistrate, or honoring any writ issued by any state or federal judge concerning the transfer of a prisoner to or from federal custody (Sec. 2).

• Specifies that nothing in this act prevents any law enforcement officer from investigating or enforcing any criminal law or from participating in coordinated law enforcement actions with federal law enforcement agencies in the enforcement of local, state, or federal criminal laws (Sec. 2).

• Specifies that nothing in this act prevents law enforcement officers from coordinating telephone or video interviews between federal immigration authorities and individuals incarcerated in any county or local jail, or other custodial facility, to the same extent as telephone or video contact with such individuals is allowed by the general public, if the individual has been advised in their language of choice of certain information in writing, including but not limited to, the following (Sec. 2):

• The interview is being sought by federal immigration authorities;

• The individual has the right to decline the interview and remain silent;

• The individual has the right to speak to an attorney before submitting to an interview; and 

• Anything the individual says may be used against them in subsequent proceedings, including in a federal immigration court.

• Defines “personal information” as any confidential identifying information about an individual, including but not limited to (Sec. 2):

• Home or work contact information;

• Family or emergency contact information;

• Probation meeting date and time;

• Community corrections locations or meeting dates and times; or 

• The meeting date and time for criminal court-ordered classes, treatment, and appointments.

• Defines “civil immigration detainer” as a written request issued by federal immigration enforcement authorities to law enforcement officers to maintain custody of an individual beyone the time when the individual is eligible for release from custody, including any request for law enforcement agency action, warrant for arrest of an undocumented immigrant, order to detain or release an undocumented immigrant, or warrant of removal or deportation of any form, over federal immigration enforcement authorities (Sec. 2).

• Defines “eligible for release from custody” as an individual who can be released from custody because one of the following conditions has occurred (Sec. 2):

• All criminal charges against the individual have been dropped or dismissed;

• The individual has been acquitted of all criminal charges filed against them;

• The individual has served all the time required for their sentence;

• The individual has posted a bond or has been released on their own recognizance;

• The individual has been referred to pretrial diversion services; or 

• The individual is otherwise eligible for release under state or municipal law.

Full Bill Text