By Savana Kascak | Complete Colorado
DENVER—Despite repeated claims that Colorado is not a “sanctuary state” for illegal immigration, Gov. Jared Polis on May 23 signed a bill into law that both reinforces and expands Colorado’s existing protections for immigrants living in the country illegally.
Senate Bill 25-276, Protect Civil Rights Immigration Status was a top priority for majority Democrats in the state legislature as they continue their attempt at isolating Colorado from the Trump administration’s deportation policies, with the bill picking up a remarkable 46 prime and co-sponsors on its way to passage.
Expanded protections
Colorado state law already limits interaction and information sharing between local and federal officers. However, SB 276 extends this measure to prohibit the state judicial and legislative branches, along with local governments, from sharing personal immigration-related data with federal officials. The bill also denies federal immigration officials access to certain areas of places such as childcare facilities, hospitals, and schools, unless a warrant is provided.
Local governments cannot work with ICE to detain an individual facing civil immigration proceedings, and any information on an enrolled child or a patient cannot be shared with federal officers, among other restrictions.
Despite the bills extensive restrictions for local and state officials, Gov. Polis reiterates the importance of cooperation with federal agents on criminal matters in his signing statement for the bill.
“Our state and local law enforcement cooperate with federal authorities in identifying, apprehending, and prosecuting criminals, regardless of their immigration status,” writes Polis.
However, Polis later goes on to say that under SB 276 “state and local law enforcement cannot be commandeered to enforce federal civil immigration laws and taken away from fighting crime.”
Violators of certain parts of the new law could face a $50,000 fine, with the money going to the Immigration Defense Fund, which provides free legal services to those detained in Colorado with their immigration court proceedings.
SB 276 also prevents jails from delaying the release of an individual upon request of a federal immigration official and allows the Governor to deny entry into Colorado to another state’s National Guard troops for immigration enforcement unless “the military force from another state is acting on federal orders and acting as a part of the United States armed forces.”
Previous Colorado law required any undocumented student or any individual seeking in-state tuition, or a state ID must prove first that they have applied, or plan to apply, for lawful status. SB 276 removes this requirement.
Federal purview over immigration
Rob Natelson, a retired University of Montana law professor and senior fellow in constitutional jurisprudence at the Denver-based Independence Institute,* finds numerous instances of what he calls “constitutional absurdities” in the bill. While the legislative declaration of the bill recites 10th Amendment states’ rights protections as part of the justification for limiting cooperation with federal authorities, Natelson notes that jurisdiction over immigration is expressly not one of the powers “reserved to the states” under federalism.
“The Constitution (Article I, Section 8, Clause 10) specifically delegates to Congress authority to ‘define and punish Offenses against the Law of Nations’—a category that includes immigration law” writes Natelson. “Article I, Section 9, Clause 1 also acknowledges congressional power over immigration.”
Natelson goes on to point out the measure extends well beyond simple non-compliance with federal immigration enforcement by the state, saying the bill “affirmatively subsidizes illegals and mandates criminal obstruction of justice.”