Colorado voters to decide whether to force local police to share information with immigration authorities
COLORADO (KRDO) – Colorado voters will soon decide the future of a proposed ballot initiative that would change how law enforcement interacts with federal immigration authorities, requiring them to notify the Department of Homeland Security (DHS) when charging individuals whose immigration status is in question.
On Jan. 23, the Colorado Secretary of State's Office announced that Initiative 95, titled "Law Enforcement Reporting Requirements to Federal Authorities," had officially qualified for the November general election ballot after proponents submitted enough valid signatures to qualify.
If approved, Initiative 95 would amend the state constitution to require police officers, sheriff’s deputies, and prosecutors to alert the DHS if they charge someone whose immigration status is unclear with a violent crime, or if that person has previously been charged with a felony.
According to the ballot initiative, law enforcement would have 72 hours after charging someone to make the notification, and would be required to make a "reasonable effort" to determine whether the person is in the U.S. legally.
The amendment would override current state laws that prohibit state and local law enforcement from sharing personal information with U.S. Immigration and Customs Enforcement.
Those restrictions have been in place since 2019, when lawmakers passed a House Bill barring officers from arresting citizens based solely on civil immigration detainer requests. Other laws passed by Gov. Jared Polis since then have further blocked law enforcement from cooperating with federal immigration authorities.
In November, voters will see the following question on the ballot:
“Shall there be an amendment to the Colorado Constitution requiring law enforcement to notify the department of homeland security when a person is charged with either a violent crime or any crime if the person has a prior felony conviction if law enforcement cannot determine that the person is lawfully present in the United States?”
The initiative was introduced by Advance Colorado, a conservative nonprofit.
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