Immigrant Protection Bills Navigate Diverging Paths in Colorado
This week, two immigrant protection bills introduced by Democrats in the Colorado state Legislature encountered contrasting outcomes, with Governor Jared Polis vetoing one measure while endorsing another.
On June 3, Polis vetoed Senate Bill 5, which aimed to empower individuals to sue federal immigration officials in Colorado civil courts for violations of their constitutional rights. This legislation was put forth by Democratic Senators Mike Wiseman (D-Aurora) and Julie Gonzalez (D-Denver), alongside Representatives Javier Mabry and Yara Zokaie (D-Fort Collins).
Advocates of SB 5 contended that the bill was a necessary step in holding federal authorities, particularly Immigration and Customs Enforcement (ICE), accountable. The impetus for this legislation arose following public outrage over the tragic shooting deaths of Renee Good and Alex Preti in Minnesota, which involved federal agents.
In his veto letter, Polis expressed concerns that the bill’s narrow focus could inadvertently undermine other civil rights protections if challenged in court. He noted that the legislation would only address rights violations during immigration enforcement, leaving other critical areas—such as protests, elections, prisons, and workplaces—unprotected. Polis emphasized the need for a more comprehensive approach that safeguards all constitutional rights.
The same legislators behind SB 5 attempted to advance an overarching proposal, Senate Bill 176, known as the “No King Law,” designed to allow lawsuits against public employees—including local, state, and federal officials—for civil rights violations. However, this bill faced significant opposition. During a committee hearing in May, it was defeated when two Democratic members, Sen. Dylan Roberts (D-Frisco) and Sen. Lindsey Daugherty (D-Arvada), sided with Republicans against it. Local governments, police organizations, and district attorneys also raised concerns. Colorado Attorney General Phil Weiser criticized the proposal as overly expansive, potentially leading to a surge of lawsuits against public officials.
Despite his veto of SB 5, Polis reaffirmed his support for Senate Bill 176, indicating that his office had collaborated with sponsors on the bill and believed it would withstand legal challenges. He attributed its failure to what he called “overly intense and misleading lobbying by local governments and public bodies.” As his term comes to a close, Polis encouraged lawmakers and stakeholders to keep pursuing viable solutions and highlighted the pressing need for accountability among federal agents regarding constitutional violations during immigration actions.
So far this year, Polis has vetoed 12 bills—the highest number during his governorship. Alex Sanchez, president and CEO of Voces Unidas, an immigrant advocacy organization based in the Western Slope, expressed profound disappointment over the governor’s veto, stating it marked a low point for Latino and immigrant representation in Colorado’s legislative history, a sentiment he directed toward the Democratic majority.
Sanchez criticized the passage of a bill that modifies overtime pay for farm workers from a 48-hour to a 56-hour threshold, which Polis signed last month. He also condemned the defeat of another significant bill that sought to empower state and local law enforcement to arrest federal immigration agents violating state laws while preventing those agents from concealing their identities. “Colorado’s Latino community deserves robust leadership,” Sanchez said.
New Immigration Detention Legislation Signed by Polis
On Thursday, Polis signed a new immigration-related bill, House Bill 1276, which expands the state’s authority to inspect and regulate immigration detention facilities. This new legislation mandates that these centers undergo regular inspections, with the state responsible for testing food, water, and other facility conditions. Detention centers will also need to bear the costs associated with this testing and are required to submit annual health data on detainees.
The legislation also prohibits local and state transportation agencies from transporting immigrants to detention centers and requires state bodies to publicly disclose when they receive subpoenas from federal immigration officials. An earlier proposal that would have held state agencies liable for not sharing immigration information was removed after concerns were raised by Polis.
Representative Elizabeth Velasco (D-Glenwood Springs), one of the sponsors of the bill, affirmed the commitment to ensuring regulation of immigration detention centers. “We will not allow the federal government to operate dangerous and inhumane detention centers without oversight,” she stated. “All Coloradans deserve to be treated with respect and dignity, and this legislation establishes essential safeguards and protects the privacy of Coloradans.” Other co-sponsors included Wiseman, Senator Iman Jodeh (D-Aurora), and Representative Lorena Garcia (D-Adams County).
