Why taking on ICE could be complicated for Colorado
Lawmakers want to rein in immigration enforcement but legal challenges loom
State lawmakers are proposing new measures to protect Coloradans from federal immigration enforcement, but they could face legal challenges.
A bill currently under consideration would require state agencies to notify people when they hand over Coloradans’ personal information to federal immigration authorities, and it would require the agency that provides the information to post a redacted copy of ICE’s request on its website.
Colorado law bars the state from giving people’s personal information to ICE unless it’s part of a criminal investigation. But Gov. Jared Polis has been fighting a legal battle to get permission to turn over information ICE requested from the state’s Department of Labor. So far, the judge has prevented the disclosure, saying it’s not related to a criminal matter, but the case is still ongoing.
The bill would also expand the state’s power to perform health and safety inspections at facilities where ICE detains immigrants, which are notorious for dangerous and often deadly conditions.
States don’t have power over facilities directly operated by the federal government, and facilities run by private contractors have prevented officials in some states from conducting inspections. In Washington state, officials are suing to try to get access to a facility run by the GEO Group, which also operates Colorado’s only detention facility, in Aurora.
ICE’s privately-run detention facilities have caused controversy around the country. And in Colorado, the question of the state’s authority over detention conditions will become more urgent as the GEO Group prepares to open a second facility outside Denver to hold the increasing numbers of Coloradans arrested by ICE under the Trump administration.
Need to Know
🕵️ A proposal to restrict law enforcement’s use of license plate-reading cameras failed due opposition from police and Gov. Jared Polis. Law enforcement agencies testified that their investigations would be unduly hindered by a state-level proposal to limit data-sharing and require warrants for accessing camera data. (Colorado Sun) Local law enforcement agencies are also opposing a similar bill on the federal level introduced by Colorado Rep. Lauren Boebert. (Fox31)
🏳️🌈 Coloradans harmed by “conversion therapy” could get the right to sue those who practice it under a bill that state lawmakers are advancing. The U.S. Supreme Court recently ruled that Colorado can’t ban “conversion therapy” because that would violate the First Amendment’s free speech protections. But LGBTQ+ advocates hope the proposal to substitute the government ban with a private right to sue will pass legal muster. (KUNC, Erin in the Morning, read the bill)
🚆 Plans for passenger train service linking Denver, Boulder and Fort Collins got official approval this week. The project is expected to cost $332 million, and it will use existing freight tracks owned by Burlington Northern Santa Fe Railway to run three round-trip trains per day starting in 2029. Transportation officials see it as a first step toward a bigger goal of extending passenger train service south along I-25 all the way to Pueblo. (Denver Post)
Feedback, tips or questions? Reply to this email or send a WhatsApp, Signal or text message to 720-355-1474.
Something Good
🎬 Tonight at 7 p.m., the Colorado Media Project and Press Forward Colorado are hosting a screening of a new docuseries called “Reimagining Local News.” The event will also feature a “fireside chat” with the host of the documentary, Charles Blow. It’ll be at the Buell Public Media Center in downtown Denver. I’ll be there, so say “hi” if you see me!