Colorado law enforcement officials are now prohibited from holding undocumented immigrants solely on the basis of a request from U.S. Immigration and Customs Enforcement.
Gov. Jared Polis on Tuesday signed House Bill 1124, one of several pieces of legislation involving immigration he approved. The new law took effect immediately with Polis’ signature.
“It is thrilling. We don’t have words to express what this feels (like),” said Maria Mercedes Garcia, of the Colorado Immigrant Rights Coalition, who was involved with negotiations on the bill. “We have been through the experience of not being advised our rights and knowing that others will not pass through these circumstances leaves me speechless. All of our hard work was worth it.”
ICE detainers, or holds, are requests by federal law enforcement to detain immigrants for up to 48 hours beyond their release date if ICE believes they’re undocumented. The additional two days gives ICE agents time to decide whether the individual should be removed from the country.
ICE detainers are controversial and have been successfully challenged in some courts. Some Colorado sheriffs have refused to honor them.
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HB 1124 prohibits Colorado police and sheriff’s officials from complying with them. It also prohibits probation officers from providing a person’s information to federal immigration officials and requires Colorado police read immigrants their Miranda rights when coordinating a telephone or video interview with ICE.
Under the new law, police still will be able to assist federal immigration authorities when executing a warrant from a judge. ICE detainers are voluntary requests, not court orders signed by a judge.
HB 1124 was passed in the Colorado Senate by a vote of 19-16 along party lines. It passed the House by a vote of 36-28, despite four Democrats and all Republicans voting in opposition.
“I would ask everyone to respect the federal government’s right to handle this issue of immigration and understand there could be real-world consequences that could result in death to legal residents and citizens whom we came here to serve,” said Rep. Dave Williams, a Colorado Springs Republican, during debate on the House floor last month.
Other immigration legislation signed into law Tuesday includes Senate Bill 30, which allows immigrants to ask a judge to dismiss their guilty pleas if they were not told prior to pleading that a guilty verdict would harm their immigration status. The new law doesn’t require judges to dismiss the guilty pleas, only to consider the defendants’ arguments.
Polis also signed House Bill 1192, which requires all Colorado public schools to teach the history, culture and social contributions of Latinos and other racial minorities, along with LGBT people and religious minorities. Passing such a course is now a condition for high school graduation.
“With an increase in division among some of our communities, it will be beneficial for all children and youth to learn about each other’s background and to be able to see themselves in the history books,” said Rep. Serena Gonzales-Gutierrez, D-Denver, after the bill signing at Corky Gonzales Library, which is named for her grandfather, a leader in the Chicano movement.
