Notify DHS (ICE) About Certain Charged Non-Citizens
Official ballot question
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?
- Headline fiscal impact
- Minimal state cost: about $50,000 (Dept. of Revenue) and $10,000 (Natural Resources) for system and database changes. Most new workload lands on county District Attorney offices, because notice follows charging.
- Household cost
- No tax or fee. Indirect cost only: added DA, jail and police staff time absorbed by existing state and county budgets.
- Sunset / duration
- Permanent (Constitutional; only a statewide vote can change it)
Crystal-clear plain-English breakdown
Police officers, jailers and DA staff would have to notify the U.S. Department of Homeland Security (which includes ICE) within 72 hours of charging someone with a violent crime — or with ANY crime if the person has a prior felony — when they cannot confirm the person is lawfully in the U.S. after a “reasonable attempt.” It applies at charging, before any finding of guilt. It requires a notice, not jail holds on ICE detainers. Because it says “notwithstanding any other provision of Colorado law,” it overrides state and local limits on sharing information with immigration authorities for these cases.