By Luige Del Puerto | Colorado Politics
Gov. Jared Polis said that while he had “major problems” with an earlier proposal that sought to inoculate immigrants from federal policies, the bill now includes “workable language,” thereby signaling his intent to sign it.
The governor reiterated he is still reviewing the proposal, which underwent several changes before its final passage during the 2025 legislative session.
At its core, Senate Bill 276 reemphasized existing state law that precludes local law enforcers from detaining an individual based on an “immigration detainer.” An immigration “detainer” is a notice issued to federal, state and local law enforcement agencies informing the latter that agents intend to assume custody of an individual no longer subject to the former’s detention.
Republicans have sought to repeal this and other laws, which they described as “sanctuary policies.” One Colorado county has sued the state over the policies, arguing they preempt federal immigration laws and regulations. A district court ruled against the county. Critics have also blamed the “sanctuary policies” for drawing into Metro Denver some 40,000 people who illegally crossed America’s southern border. The mayor of Denver said he views the issue through a moral lens — that is, he needs to act as families arrive in his city in the middle of winter.
In its final form, SB 276 clarifies that “detain” means the denial or delay of release from law enforcement custody “for immigration enforcement purposes.” Additionally, the bill reiterates that detaining a person who has successfully posted a bond based on a detainer request is a “new warrantless arrest.”
The bill also bars local enforcement from “commanding” or “requesting” a private citizen to assist in arresting or detaining an individual based on an immigration detainer.
Insofar as jails, the bill prohibits a custodian from delaying a defendant’s release for immigration enforcement. However, it explicitly references an existing law that says nothing in the section precludes a law enforcement officer “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.”
The reference appears to further define and limit any cooperation between local and federal immigration agents on custody matters to only those instances in which a judge has weighed in.