By admin 
Colorado voters will decide in November whether to require state and local law enforcement to work more closely with federal immigration authorities.
Read more Colorado fires back at Nebraska over water case at Supreme Court
Amendment 81, brought by a conservative political group, would require police and prosecutors to notify the U.S. Department of Homeland Security when someone who is living in the U.S. illegally is charged with certain crimes.
Read on for more on what the initiative would do, who is behind it and who is opposing it.
What Amendment 81 would do
Amendment 81 would amend the state constitution to require that police officers, sheriff’s deputies and prosecutors alert the U.S. Department of Homeland Security if they formally charge someone whose immigration status is in question under certain circumstances: if that person has a prior felony conviction or the charge is for an alleged violent crime, like murder, first-degree assault, kidnapping or aggravated robbery.
The Department of Homeland Security houses the nation’s federal immigration arms, including U.S. Immigration and Customs Enforcement and Customs and Border Protection.
Colorado law enforcement would have 72 hours after formally charging someone with a crime — which happens after the time of arrest but well before someone is convicted — to make the notification. They would also be required to “make a reasonable effort” to determine whether any person they are charging is in the U.S. legally.
What constitutes reasonable effort is not defined by the measure. Additionally, prosecutors are responsible for filing formal charges against defendants, not police and sheriff’s deputies.
If someone’s immigration status can’t be confirmed, that would require DHS notification under the measure, too, if the charge is a violent crime or the person has a prior felony conviction.
The initiative needs the support of at least 55% of voters to pass since it would add language to the state constitution.
How Amendment 81 would interact with Colorado’s existing laws on immigration
Democrats in the Colorado legislature have passed a series of bills limiting how state and local law enforcement can work with federal immigration authorities. For instance, employees for state and local governments in Colorado face a $50,000 fine if they intentionally share certain personal information with federal immigration authorities unless ordered to by a judge, such as in a criminal case.
Read more Colorado says goodbye to a “doozy” of a water year with more moisture in the forecast
Amendment 81 would override the state’s restrictions since it would be a constitutional change.
Who is behind Amendment 81
Advance Colorado, a conservative political nonprofit that doesn’t disclose its donors, is the main group behind the initiative.
An issue committee called Brighter Colorado is also supporting the measure. Its major donors include Advance Colorado and Common Sense America, another conservative political nonprofit that also doesn’t disclose its donors.
Supporters of the measure say it would prevent someone living in the U.S. illegally from becoming a repeat criminal offender by facilitating their deportation.
“Even states like California and New York allow for cooperation with Homeland Security when law enforcement is dealing with a violent criminal,” Advance Colorado said in a news release.
Who is opposing Amendment 81
Colorado Communities First is the issue committee opposing Amendment 81.
Its major donors include the Colorado Immigrant Rights Coalition and the ACLU of Colorado.
Opponents of the measure say Colorado should be trying to limit, not expand, the presence of federal immigration authorities. They also argue that people should have a right to try to prove their innocence in a criminal case before they face immigration consequences. Finally, opponents worry the measure could weaken the relationship between the immigrant community and state and local law enforcement.
Opponents have also raised technical concerns about the initiative. They point out, for instance, that since prosecutors charge defendants and not police or sheriff’s deputies, it’s unclear what responsibility those law enforcement officers have to investigate an arrestee’s immigration status and alert DHS.
How Amendment 81 appears on the ballot
Shall there be an amendment to the Colorado Constitution requiring law enforcement to notify the department of homeland security when a person is charged with either a violent crime or any crime if the person has a prior felony conviction if law enforcement cannot determine that the person is lawfully present in the United States?
Read more Western Colorado coal mine violates methane caps nearly 4 times over, state says
Read the nonpartisan state ballot guide analysis of the measure here.