Colorado Legislature considering bill that would allow local law enforcement to cooperate with ICE

DENVER, Colo. (KRDO) - Republican lawmakers are aiming to reverse a contentious piece of immigration policy in Colorado. House Bill 24-1128 would essentially put a 2006 law back in place, which allowed peace officers to communicate with federal immigration enforcement officers if they have probable cause to believe that a detainee is violating federal immigration laws.

In 2013, Colorado lawmakers repealed Senate Bill 06-090, meaning local law enforcement couldn't provide personal information about a suspected illegal immigrant to ICE (immigrations and customs enforcement), among other restrictions between local law enforcement and ICE officers.

The law, along with others like it passed by democrats, bars ICE officers from reaching out to probation officers in counties throughout our state, despite knowing that there may be undocumented immigrants who have been tried and convicted, then sentenced to probation throughout the state.

"With this law that the state has passed, these criminal aliens or criminal immigrants, there is no way they can be deported because the local authorities, law enforcement or the state authorities are not allowed to communicate with the federal authorities," State Rep. Richard Holtorf said.

Holtorf detailed to KRDO13 today his concern about the communication gap, alleging it allows undocumented immigrants, who have committed crimes, to stay in the country when they should be deported. Furthermore, he said that it makes it harder for ICE officers to do their job.

"We know there are cases where a sexual predator is arrested, served time, is released, and never gets deported," Rep. Holtorf said.

Now, the bill, sponsored by Holtorf and state Senator Mark Baisley, seeks to get rid of that wall of communication to further the efficiency with which ICE can find and arrested undocumented immigrants who may be in county jails or prisons across Colorado.

Democrats, on the other hand, argue the current law allows for separation of power and resources.

"If you've been arrested and you're being held on some charge and you're in custody of the sheriff's office in jail, you're not being held on immigration matters under an arrest," former state Rep. Adrienne Benavidez previously told KRD013.

She, and other democrat lawmakers, argue there is a stark difference between the federal immigration laws, many of which are enforced in civil court, and the Colorado criminal law, which is enforced by local law enforcement. 

"We are hearing left and right that our local law enforcement doesn't have enough resources to provide the local law enforcement services that our communities deserve," State Rep. Lorena Garcia told KRDO13 Investigates in May of last year. "Local law enforcement, state law enforcement should be focused on local and state law enforcement and not on federal policy."

According to the proposed bill summary, current law prohibits:

• A person from being arrested while the person is present at a courthouse, or while going to, attending, or coming from a court proceeding, and provides remedies for a violation;
• A probation officer or probation department employee from providing personal information about an individual to federal immigration authorities; and
• State and local governmental entities from contracting with a private entity for immigration detention services or entering into agreements for immigration detention services.

The bill will go to its next hearing on Feb. 22, but it faces an uphill battle with democrats holding a super majority in both the house and senate.