Colorado § 24-76.6-102 - Civil immigration detainers - legislative declaration.

§ 24-76.6-102. Civil immigration detainers - legislative declaration.

(1) The general assembly finds and declares that:

(a) Federal immigration authorities at times submit requests to state and local law enforcement agencies to detain an inmate after the inmate is eligible for release from custody. Continued detention of an inmate under a federal civil immigration detainer constitutes a new arrest under state law and a seizure under the fourth amendment of the United States constitution.

(b) Requests for civil immigration detainers, or any other requests to arrest or detain a person for immigration enforcement, are not warrants under Colorado law. A warrant is a written order by a judge directed to a law enforcement officer commanding the arrest of the person named, as defined in section 16-1-104 (18). None of the civil immigration detainer requests received from the federal immigration authorities are reviewed, approved, or signed by a judge as required by Colorado law. The continued detention of an inmate at the request of federal immigration authorities beyond when he or she would otherwise be released constitutes a warrantless arrest, which is unconstitutional, People v. Burns, 615 P.2d 686, 688 (Colo. 1980).

(2) (a) A law enforcement officer shall not arrest or detain an individual on the basis of a civil immigration detainer. For the purpose of this subsection (2), "detain" includes the denial or delay of release from custody for immigration enforcement operations or for immigration enforcement purposes.

(b) If an individual has posted bond and the bond has been processed, the continued detainment of the individual on the basis of a civil immigration detainer is a new, warrantless arrest.

(2.5) A law enforcement officer shall not command or request a private citizen to assist in the arrest or detainment of an individual on the basis of a civil immigration detainer.

(3) The authority of law enforcement is limited to the express authority granted in state law.

(4) Nothing in this section precludes any law enforcement officer or employee from cooperating or assisting 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.

(5) Nothing in this section precludes any law enforcement officer from investigating or enforcing any criminal law or from participating in coordinated law enforcement actions with federal law enforcement agencies in the enforcement of local, state, or federal criminal laws.

Source: L. 2019: Entire article added, (HB 19-1124), ch. 299, p. 2761, § 2, effective May 28. L. 2025: (1)(b) and (2) amended and (2.5) added, (SB 25-276), ch. 240, p. 1219, § 15, effective May 23.

Cross references: For the legislative declaration in SB 25-276, see section 1 of chapter 240, Session Laws of Colorado 2025.

ANNOTATION

This section is not preempted by federal law. Therefore, any portion of an agreement between local law enforcement authorities and federal immigration authorities purporting to authorize the local law enforcement authorities to arrest or detain individuals on the basis of a civil immigration detainer is invalid. Nash v. Mikesell, 2024 COA 68, 557 P.3d 369.