Colorado Rights Blog

HB20-1188:Persons Who Illegally Reentered The United States

Immigrants’ Rights
Bill Number: HB20-1188
Year: 2020
ACLU Position: Oppose
Sponsors: D. Williams


Under current law, a law enforcement officer is prohibited from
arresting or detaining a person due to a civil immigration detainer. The
bill makes an exception to the prohibition if the person was ordered
deported or removed from the United States, or has been convicted of
specified federal crimes related to improper entry or reentry into the
United States, or has been convicted of a felony in Colorado (illegal
alien). The bill also requires law enforcement to notify the federal
immigration and customs enforcement (ICE) of the date and time of the
illegal alien’s release from custody and to detain an illegal alien for not
more than 48 hours after the date and time of release.
Notwithstanding governmental immunity, the bill also creates a
civil remedy against a law enforcement officer’s employing agency if a
law enforcement officer does not notify ICE or detain the illegal alien as
required and the illegal alien then commits a crime. The victim of the
crime is entitled to compensatory damages up to specified limits if the
damages are proximately caused by the crime.

Current Status:

House Committee on Judiciary Postpone Indefinitely (03/12/2020)
Introduced In House - Assigned to Judiciary (01/30/2020)

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