Immigration Law

Colo. Gov. Polis Signs Pro-Immigrant Bills

On Tuesday, May 28, 2019, Colorado Governor Jared Polis signed into law House Bill 1124, Protect Colorado Residents From Federal Government Overreach:

"BILL SUMMARY

The bill allows a law enforcement officer or employee to cooperate or assist federal immigration enforcement authorities in the execution of a warrant issued by a federal judge or magistrate or honoring any writ issued by any state or federal judge concerning the transfer of a prisoner to or from federal custody.

The bill prohibits a law enforcement officer from arresting or detaining an individual solely on the basis of a civil immigration detainer.

The bill prohibits a probation officer or probation department employee from providing an individual's personal information to federal immigration authorities.

If a law enforcement officer is coordinating a telephone or video interview between federal immigration authorities and an individual in jail or another custodial facility, the individual must be advised that: 

  • The interview is being sought by federal immigration authorities;
  • The individual has the right to decline the interview and remain silent;
  • The individual has the right to speak to an attorney before submitting to the interview; and
  • Anything the individual says may be used against him or her in subsequent proceedings, including in a federal immigration court."

On Wednesday, May 29, 2019, Gov. Polis signed into law Senate Bill 30, Remedying Improper Guilty Pleas:

"BILL SUMMARY

The bill finds that some criminal defendants who, when they entered a guilty plea in connection with a deferred judgment or had charges related to drugs dismissed under a since repealed provision of law, were not advised that there may be adverse immigration consequences that attach to the plea even if the plea is later withdrawn and the case is dismissed. These defendants did not knowingly, intelligently, and voluntarily enter the plea of guilty as required by law or understand the consequences of the dismissal. The bill authorizes these persons to petition the court for an order vacating the guilty plea and establishes procedures for such petitions."