Republican lawmakers in Colorado are making efforts to overturn a controversial piece of immigration policy in the state.

House Bill 24-1128 would reinstate a 2006 law that allowed peace officers to communicate with federal immigration enforcement officers if they have reasonable grounds to believe that a detainee is violating federal immigration laws.

In 2013, Colorado lawmakers repealed Senate Bill 06-090, which resulted in local law enforcement being prohibited from providing personal information about suspected illegal immigrants to ICE (Immigration and Customs Enforcement), among other restrictions on collaboration between local law enforcement and ICE officers.

This law, along with others like it passed by Democrats, prevents ICE officers from reaching out to probation officers in counties across the state. This is despite the knowledge that there may be undocumented immigrants who have been tried, convicted, and sentenced to probation within the state.

PRIME SPONSORS

• Rep. Richard Holtorf (email)

• Sen. Mark Baisley (email)

State Rep. Richard Holtorf and State Senator Mark Baisley have sponsored the bill, which aims to remove this communication barrier and enhance the efficiency with which ICE can locate and arrest undocumented immigrants who may be in county jails or prisons across Colorado.

Democrats, however, argue that the current law allows for the separation of power and resources.

Former state Rep. Adrienne Benavidez told KRDO, "If you've been arrested and you're being held on some charge and you're in custody of the sheriff's office in jail, you're not being held on immigration matters under an arrest."

Benavidez and other Democratic lawmakers argue that there is a significant distinction between federal immigration laws, many of which are enforced in civil court, and Colorado criminal law, which is enforced by local law enforcement.

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According to the proposed bill summary, the current law prohibits a person from being arrested while present at a courthouse or while going to, attending, or coming from a court proceeding.

It also prohibits a probation officer or probation department employee from providing personal information about an individual to federal immigration authorities. Additionally, state and local governmental entities are prevented from contracting with a private entity for immigration detention services or entering into agreements for such services.

The bill is scheduled for its next hearing on February 22nd, but it faces an uphill battle with Democrats holding a super majority in both the house and senate. The debate surrounding this bill highlights the ongoing tension between local and federal immigration policies and the differing perspectives on how best to ensure public safety and uphold the rule of law.