By George Brauchler | Commentary, Denver Gazette
SB 25-276 is a Democrat-only sponsored bill that attacks the rule of law and will make Colorado less safe and less just.
It contains a predictably steep, yet unquantified, unfunded mandate to counties, who fund the 23 district attorneys’ offices across Colorado. SB 276 expands the opportunity for “noncitizen defendants” to challenge every guilty plea they have entered to every class of misdemeanor, petty offense, and even municipal charges,” at any time following the entry of a guilty plea.” There is no time limitation for this challenge.
Why? To protect noncitizens from the immigration consequences associated with convictions for their criminal conduct, of course. Previously, our left-leaning legislature changed the maximum sentence for any misdemeanor to an immigration-friendly 364-day maximum jail sentence (deportation is triggered at potential sentences of one year or more).
Previously, crimes like third-degree assault (wife beating), child abuse (child beating), DUI and careless driving resulting in death were punishable by one year or more in jail. No more.
Now, Senadora (her term) Julie Gonzales, D-Denver, wants to provide a nearly unlimited opportunity for those previously convicted — but who have evaded deportation — to challenge their deportation-eligible convictions.
It is an unfunded mandate because those nearly-limitless legal challenges will be litigated by county-funded district attorneys using the limited time of our state criminal courts.
The fiscal note attached to the bill makes no effort to calculate the impact on the state courts, nor does it (ever) seek to quantify the impact on local governments. Thus, zero dollars are flowing from the state to the counties to accommodate this “beat federal immigration law” scheme.
The bill expands its vicelike grip on information to cover a“state agencies” and “political subdivisions,” which broadly includes all sheriff’s offices, police departments, district attorneys offices, public defender offices, judges and anyone who has possessed the Colorado state flag.
It also defines “employee” of such subdivisions so broadly as to include interns. Gonzales’ bill seeks to enlarge and enhance the wall between those here who violate our federal laws, and the federal agency charged with enforcing them.
Because this effort appears to be born of emotion and contempt for our borders and existing immigration laws, it presupposes that communication between local law enforcement and ICE works to the disadvantage of those here without the formal consent of our country.
Such an ill-informed attitude makes our community less safe and far less just.
READ THE FULL COMMENTARY AT THE DENVER GAZETTE
Editor’s note: Opinions expressed in commentary pieces are those of the author and do not necessarily reflect the opinions of the management of the Rocky Mountain Voice, but even so we support the constitutional right of the author to express those opinions.