New Senate Bills Aims to Shore Up Immigration Protections Under Mounting Concerns

The scope and reach of the Trump administration’s willingness to weaponize Immigration and Customs Enforcement (ICE) to deport people who have caused “political dissent” has left many understandably concerned. Senate Bill 25-276, titled “Protect Civil Rights Immigration Status,” aims to strengthen civil rights protections for individuals in Colorado, regardless of their immigration status.

The bill sets restrictions on state and law enforcement cooperation with federal immigration agencies and protects the immigration status of individuals looking to access basic services. The bill’s 7 key provisions are broken down below:

Elimination of Immigration Affidavit Requirements
Previously, individuals without lawful immigration status were required to submit affidavits when applying for in-state tuition or driver’s licenses, affirming their intent to seek legal status. This bill removes those affidavit requirements, simplifying access to these services.?
Restrictions on Law Enforcement Collaboration with Federal Immigration Authorities
The bill prohibits law enforcement officers from arresting or detaining individuals solely based on federal immigration detainer requests. It also bars jail officials from delaying the release of individuals who have posted bonds to facilitate immigration enforcement operations.?
Protection of Personal Information
State agencies and their employees are currently restricted in collecting and sharing personal identifying information. This bill extends those restrictions to local government entities and their employees, enhancing privacy protections.?
Access Limitations to Public Facilities
Federal immigration authorities are prohibited from accessing non-public areas in public institutions such as schools, childcare centers, and healthcare facilities without a judicial warrant. This measure aims to protect the privacy and rights of individuals within these facilities.?
Right to Challenge Certain Convictions
The bill expands the ability for individuals to petition courts to vacate guilty pleas for certain misdemeanors and petty offenses if they were not properly informed about the immigration consequences of their pleas.?
Mandatory Institutional Policies
By September 1, 2025, public institutions covered by this bill must establish clear policies regarding interactions with federal immigration authorities. These policies should outline procedures for handling information requests and designate staff responsible for compliance.?
Penalties for Non-Compliance
Institutions that intentionally violate the provisions of this bill may face civil penalties of up to $50,000 per violation. Funds collected from these penalties will be directed to the Immigration Legal Defense Fund.

Senate Bill 25-276 expands on the protections established by the 2019 “Protect Colorado Residents From Federal Government Overreach Act” by broadening restrictions on local cooperation with federal immigration authorities and strengthening civil rights protections for all residents, regardless of immigration status. While the earlier law limited law enforcement’s ability to honor federal immigration detainers, SB25-276 extends those restrictions to all law enforcement and adds prohibitions against sharing or collecting personal immigration-related information without legal cause.

It also bars public institutions like schools and hospitals from allowing federal immigration agents access to non-public areas without a judicial warrant, ensures individuals can challenge certain convictions if they weren’t informed of immigration consequences, mandates clear institutional policies on handling federal immigration requests, and imposes penalties up to $50,000 for violations—redirecting those funds to an Immigration Legal Defense Fund.

The introduction of this bill comes after the arrest and detainment of Immigration rights activist Jeanette Vizguerra. A petition for her release has over 13,000 signatures, and several protests have been held outside the ICE facility in Aurora where she is being held.

Earlier this month, Columbia student and organizer of last Spring’s pro-Palestinian student-led protests, Mahmoud Khalil, was arrested despite being a green card holder. His arrest was made when federal agents entrapped him during a phony citizenship test. Department of Homeland Security officials claimed that if Khalil had mentioned his intentions to protest on his citizenship applications, he would have never been allowed into the country in the first place.

In Maryland, Kilmar Abrego Garcia was wrongfully arrested and deported to El Salvador, despite having a court order that specifically specified that he not be sent back to his home country due to the risk of violence at the hands of gang members who had been threatening his family. A federal immigration lawyer later admitted this was done in error, and the SCOTUS ruled to reverse the deportation immediately. Both the admin and El Salvador claim they are powerless to bring Garcia back.

Most recently, Trump has mentioned the idea of sending “homegrown,” ie, American citizens, to the prison camp in El Salvador. The Terrorism Confinement Center (Spanish: Centro de Confinamiento del Terrorismo, abbreviated as CECOT) is a maximum security prison that was built in 2022. A 60-minute report found that of 238 Venezuelan migrants recently sent to CECOT, 75% had no criminal record, and at least 22% of the men had non-violent offenses such as theft, shoplifting, and trespassing.

Sponsors of SB 25-276 declined to comment when asked if the bill was in direct response to recent events at the federal level.

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