Colorado bill makes it easier to sue immigration officers

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(The Center Square) – Legislation approved this week by the Colorado Senate would make it easier for individuals to sue federal law enforcement involved with civil immigration actions.

Democratic sponsors of Senate Bill 26-005, which was one of the first bills introduced during the legislative session in January, say it’s meant to bolster constitutional protections, while critics believe it’s another attempt to obstruct federal immigration enforcement.

“A person found to have violated the United States Constitution while participating in civil immigration enforcement is liable to the person whose rights are violated for legal or equitable relief or any other appropriate relief,” the bill reads.

Sen. Mike Weissman, D-Aurora, one of the bill’s primary sponsors, said immigrants come to the U.S. for “the guarantee of equal treatment under the law.”

“Senate Bill 5 stands for the basic principles that government agents must follow the law like everyone else and that there should be legal remedies when constitutional rights are violated,” he said in a statement. “This legislation reaffirms the civil rights of all Coloradans.”

Colorado has sanctuary immigration policies on the books, including a 2019 law passed by Democratic lawmakers that bars local law enforcement from aiding federal immigration authorities, or sharing information, unless there's a federal warrant.

Last year, Colorado sued a Mesa County sheriff’s deputy for allegedly giving U.S. Immigration and Customs Enforcement an individual’s information following a traffic stop, The Center Square previously reported. The lawsuit was later dropped after the deputy resigned.

Ira Mehlman of the Federation for American Immigration Reform, which advocates for limiting immigration, called the legislation “another attempt to use lawfare as a mechanism to deter or prevent ICE from carrying out its duties to enforce immigration laws.”

“The bill seems to conflict with the supremacy clause that gives the federal government authority over immigration enforcement,” Mehlman told The Center Square in a statement. “Regardless of what legislators in Colorado might feel about immigration enforcement, ICE has the authority to carry out its activities anywhere in the United States.”

SB 26-005 passed the Senate Tuesday in a party-line vote, sending it to the House of Representatives for consideration.