Colorado governor vetoes bill that would have allowed lawsuits against federal immigration officers, signs another to regulate detention centers 

Two immigration protection bills passed by Democrats in the state legislature met different fates this week, with Gov. Jared Polis vetoing one and signing the other into law. 

Polis vetoed Senate Bill 5 on Wednesday, June 3, a measure that would have allowed people to sue federal immigration officers in Colorado civil court if those officers violated their constitutional rights. 

It was sponsored by Sens. Mike Weissman, D-Aurora, and Julie Gonzales, D-Denver, and Reps. Javier Mabrey, D-Denver, and Yara Zokaie, D-Fort Collins. 

Supporters of the bill said it was aimed at holding federal agents, like Immigration and Customs Enforcement, or ICE, accountable. The measure was passed following national backlash to the January shootings and deaths of Renee Good and Alex Pretti in Minnesota, which involved federal agents. 

In a letter describing his reasons for the veto, Polis said the bill was too narrow and could weaken other civil rights protections if it were to be struck down by a court. Polis said the bill only applies to violations during immigration enforcement, and does not provide an avenue to sue the federal government for violating rights during protests, elections, prisons or in the workplace.

“It’s that narrow focus that unfortunately creates legal jeopardy,” Polis wrote. “I believe Colorado has a chance to get this right — and we must pass a broader version of this bill that protects all constitutional rights, including in the immigration context, that will serve to truly hold public officials accountable.”

The same Democrats who sponsored SB 5 tried to pass a broader version of the legislation that would have allowed lawsuits against any government employee, including local, state and federal officials, for any civil rights violations. 

That measure, Senate Bill 176, dubbed the “No Kings Act,” was killed during a committee hearing in May after two Democrats — Sens. Dylan Roberts of Frisco and Lindsey Daugherty of Arvada — joined the committee’s two Republicans in voting it down. The bill faced pushback from local governments, police groups and district attorneys, as well as from Colorado Attorney General Phil Weiser, who criticized the legislation for being overly broad and said it would lead to a flood of lawsuits against local and state officials. 

Polis, in his veto letter, wrote that he supported that bill and that his office worked with sponsors on the legislation, which he believed “would withstand legal scrutiny.” Polis blamed “overly intense and misleading lobbying from local governments and public entities” for the bill’s failure. 

Polis, who is term-limited after this year, urged lawmakers and groups involved with that bill to continue working toward a solution. He also acknowledged the need to hold federal officials to the same standards as state and local ones, writing that “we have seen too many examples of senseless deaths and constitutional rights violations during immigration enforcement operations and raids in recent years, and there is an urgent need for federal immigration agents to be held accountable for these lawless actions.”

So far this year, Polis has vetoed 12 bills, the most of his tenure as governor. 

Alex Sanchez, president and CEO for the Western Slope-based immigrant advocacy group Voces Unidas, said in a text message that he is “deeply disappointed” in the governor’s veto. 

“This veto caps one of the most disappointing legislative sessions for Latinos and immigrants in recent Colorado history — and Democrats, who control state government, are responsible,” Sanchez said. 

Sanchez criticized a bill passed by Republicans and some Democrats that raises the hourly threshold for overtime pay for agricultural workers from 48 hours to 56 hours, which Polis signed last month. He also blasted Democrats for killing a bill earlier this year that would have required state and local law enforcement to arrest federal immigration officers who violate state law and prohibited state and local law enforcement from concealing their identity.

“Colorado’s Latino communities deserved strong leadership,” Sanchez said. “We got excuses instead.”

Polis signs bill on immigration detention facilities 

Polis did sign another immigration-related measure on Thursday. 

House Bill 1276 expands the state’s ability to inspect and regulate immigration detention centers. The measure allows the state to inspect detention centers’ food, water quality and other conditions, and requires those centers to pay for the inspections. Detention centers will also need to submit data annually to the state on the health outcomes of detainees and pass an environmental impact study.

Additionally, the measure bans local and state transit services from transporting immigrants for detention and requires state agencies to publicly disclose when they have received a subpoena from federal immigration officers. 

A previous version of the bill would have held state agencies, not just their employees, liable for violating state laws on immigration information sharing, but that provision was removed after bill sponsors said they heard concerns from Polis.

“We won’t let the federal government operate dangerous and inhumane detention centers without oversight, and our bill ensures facilities are regularly inspected,” said bill sponsor Rep. Elizabeth Velasco, D-Glenwood Springs, in a statement. “All Coloradans deserve to be treated with respect and dignity, and this law establishes some important guardrails for detention centers and safeguards Coloradans’ privacy.”  

The bill’s other sponsors were Weissman, Sen. Iman Jodeh, D-Aurora, and Rep. Lorena Garcia, D-Adams County.