Colorado § 24-76.5-101 - Legislative declaration.

§ 24-76.5-101. Legislative declaration.

(1) The general assembly finds and declares that:

(a) People who immigrated to the United States and live in Colorado are essential members of our communities;

(b) Every day, the state benefits from the contributions of undocumented immigrants to our society. Immigrants hold jobs that are critical to our economy and communities, and in some industries comprise more than one-third of the workforce. Immigrants make our tourism industry run; build our buildings; lay our roads; provide in-home care to our seniors, children, and people with disabilities; bring food to our tables; and bring food to our doorsteps.

(c) Immigrants comprise over nine percent of Colorado's population and contribute to the economy through the labor force and as consumers and taxpayers. In 2019, immigrants in Colorado paid almost six billion dollars in local, state, and federal taxes. In Colorado, undocumented immigrants pay nearly two hundred seventy-five million dollars in federal taxes and more than one hundred fifty million dollars in state and local taxes annually.

(d) These hardworking Coloradans are diverse and are often a part of a mixed-status family. In Colorado:

(I) The estimated population of undocumented immigrants is one hundred sixty-two thousand, and this number represents approximately eight percent of children under sixteen years of age;

(II) Additionally, an estimated two hundred seventy-six thousand five hundred eighty-nine Coloradans live with a family member who is an undocumented immigrant, including one hundred thirty thousand nine hundred fifty-eight children; and

(III) Children from immigrant families are disproportionately more likely to be from a low-income household.

(e) The 2006 special legislative session facilitated the passage of anti-immigrant legislation that left behind immigrant families, citizen families experiencing homelessness, and persons fleeing from domestic violence without the necessary public benefits, including professional and occupational licenses. Because of these policies, state and local agencies believed that they were required to verify the lawful presence of applicants for public benefits, including professional, occupational, and commercial licenses, above and beyond what is required in federal law.

(f) Undocumented immigrants who do not have the required documents to establish lawful presence are prevented in many circumstances from applying for such licenses, which, in turn, prevents these persons from fully participating in Colorado's economy and accessing state and local public benefits, including loans; grants; contracts; programs that address food, housing, and energy; and other benefits.

(g) Undocumented immigrants are ineligible for most federal benefits and were excluded from receiving federal stimulus money provided in the federal "CARES Act" Pub.L. 116-136, 134 Stat. 281 (2020), as amended. Local communities were restricted from providing their residents with crucial relief during the COVID-19 pandemic because of these anti-immigrant laws.

(h) In 2018, various industries including child care, agriculture, health care, K-12 education, and transportation averaged between one and two and one-half job openings per every unemployed worker, demonstrating a high need for a larger labor pool and workforce that can fill these gaps through contracting and small business development; and

(i) Protecting the well-being of these members of our communities and facilitating their access to important public benefits and opportunities, particularly during a global health crisis, makes our communities healthier, stronger, and more prosperous.

(2) Therefore, the general assembly declares it is the public policy of the state of Colorado that we ensure that our state-funded programs are not denied to people based on their immigration status.

(3) This article 76.5 does not affect federal public benefits. In the event a provision of this article 76.5 conflicts with federal law, federal law controls. Furthermore, while article 76.5 does not require lawful presence for local public benefits, it does not diminish any authority a local government may have to budget to meet the needs of its residents.

Source: L. 2021: Entire article R&RE, (SB 21-199), ch. 351, p. 2279, § 2, effective July 1, 2022.