Colorado lawmakers call for change in rules barring naturalization of immigrants who work in cannabis industry

Statement

In response to newly-issued Department of Justice guidelines, U.S. Reps. Diana DeGette (D-CO), Joe Neguse (D-CO), Ed Perlmutter (D-CO) and Jason Crow (D-CO) sent a letter today to Attorney General William Barr and Acting Secretary of Homeland Security Kevin McAleenan urging them to retract new federal guidelines that prohibit the naturalization of legal permanent residents who have been employed in Colorado's legal cannabis industry, and replace them with a policy that's more consistent with the Cole Memorandum.

The letter comes after two Denver residents, both lawful permanent residents with no criminal history, were recently denied citizenship on the basis of failing to meet "good moral character" purely due to their employment in the Colorado's cannabis industry.

"During his confirmation hearing before the U.S. Senate Judiciary Committee, Attorney General Barr made clear that the U.S. Department of Justice (DOJ) would "not go after companies that have relied on the Cole memorandum' and would not "upset settled expectations and reliant interests' related to the same," the lawmakers wrote. "Given those statements and the proliferation of state laws legalizing cannabis on both recreational and/or medicinal basis, we ask that both DOJ and DHS act to rectify this policy as it relates to naturalization and disruption to a reliant state interest as referenced by Attorney General Barr."

In addition to denying them citizenship, U.S. Citizenship and Immigration Services compelled the two Coloradans to sign affidavits in which they confirmed their employment in the cannabis industry, subjecting them to potential federal prosecution and possible deportation.

"It's shameful how this administration is choosing to punish the hardworking men and women who work in our state's cannabis industry," DeGette said after sending the letter. "There's no reason why an immigrant who works legally here in our state should be treated differently than anyone else."

"The recent incident in Denver, where two individuals were denied naturalization because of legal work in the cannabis industry, is completely unacceptable and reinforces the need to end the conflict between Federal and state laws regarding cannabis, " said Neguse. "That is why my colleagues and I have called on the Department of Justice to immediately clarify their position and take steps necessary to resolve this issue."

"In Colorado, the cannabis market is a legal and legitimate industry which employs thousands of employees and brings millions of dollars into our economy. I have long pushed for aligning state and federal law on cannabis to avoid issues like the one in these cases. I encourage DOJ to issue guidance to ensure those who have been or continue to be employed in the legal cannabis industry are not barred from citizenship they have earned," said Perlmutter.

"Since 2014, the cannabis industry has been an important part of Colorado's economy. The administration's policy makes it harder for lawful permanent residents to do their jobs, contribute to our economy, and pursue citizenship with certainty. The administration is also failing to respect states' rights as it continues to pursue dangerous and counterproductive immigration policies," said Crow.

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