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

Colorado Statutes

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

Colorado § 24-76.6-102

Title 24Government

Art.Prioritizing State Enforcement of

This text of Colorado § 24-76.6-102 (Civil immigration detainers - legislative declaration) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 24-76.6-102 (2026).

Text

(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 reques

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(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.

Legislative History

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.