YES on SB26-005 — Hold Immigration Enforcement Accountable in Colorado Courts

I urge you to vote YES on (and/or publicly support) SB26-005, which creates a clear state court remedy when a person’s federal constitutional rights are violated during civil immigration enforcement. This bill adds §13-20-1302 to the Colorado Revised Statutes and does one straightforward but critical thing: it allows a person whose U.S. constitutional rights were violated while someone was participating in civil immigration enforcement to bring a civil action in Colorado state court against the person whose conduct was the proximate cause of that violation (§13-20-1302(1)). The bill defines “civil immigration enforcement” as actions to investigate, question, detain, transfer, or arrest someone for the purpose of enforcing federal civil immigration law (§13-20-1302(4)). It explicitly does not include actions by peace officers acting within the scope of their duties under state law. SB26-005 provides for legal or equitable relief and requires courts to award reasonable attorney fees and costs to prevailing plaintiffs (§13-20-1302(2)(a)), while allowing fee awards to defendants only if a claim is found frivolous (§13-20-1302(2)(b)). Claims must be filed within two years (§13-20-1302(5)). Importantly, the bill limits the availability of immunity defenses—including sovereign, qualified, and statutory immunity—to the maximum extent allowed under the U.S. Constitution and 42 U.S.C. §1983 (§13-20-1302(3)). This ensures that constitutional violations cannot be shielded automatically by broad immunity doctrines while still respecting federal constitutional limits. In practical terms, SB26-005 ensures that when constitutional rights are violated in the course of civil immigration enforcement, there is a clear, accessible forum in Colorado courts for accountability. It strengthens the rule of law, reinforces the role of state courts in protecting constitutional rights, and provides legal clarity through defined procedures, remedies, and timelines. This bill does not interfere with lawful state policing. It simply guarantees that constitutional rights remain enforceable. Please stand for accountability, constitutional governance, and access to justice by voting YES on SB26-005.