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Voters will decide whether to force Colorado police to alert ICE after charging people with questionable immigration status

A U.S. Immigration and Customs Enforcement agent is seen in Park Ridge, Ill., Sept. 19, 2025. (AP Photo/Erin Hooley, File)
Erin Hooley
/
AP
A U.S. Immigration and Customs Enforcement agent is seen in Park Ridge, Ill., Sept. 19, 2025.

This story was produced as part of the Colorado Capitol News Alliance. It first appeared at coloradosun.com.

Colorado voters will decide in November whether to require that state and local law enforcement work more closely with federal immigration officials.

Initiative 95 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 charge someone whose immigration status is in question if that person has a prior felony conviction or is suspected of committing a violent crime.

The department houses U.S. Immigration and Custom Enforcement, as well as Customs and Border Patrol.

Colorado law enforcement would have 72 hours after charging someone with a crime to make the notification. They would also be required to “make a reasonable effort” to determine whether any person they are charging is lawfully present in the U.S.

The Colorado Secretary of State’s Office said Friday that the voter signatures submitted by the backers of the initiative to get the measure on the ballot were sufficient.

Advance Colorado, a conservative political nonprofit, is the main group behind the initiative.

If voters approve the measure, it would override existing state laws, passed by Democrats in the legislature, prohibiting Colorado law enforcement from working with federal immigration officers.

The initiative needs the support of at least 55% of voters to pass since it represents a constitutional change.

Advance Colorado is also behind another measure that will be on the November ballot. Initiative 85 would increase the penalties for possessing or selling fentanyl.

Jesse Paul is a Denver-based political reporter and editor at The Colorado Sun, covering the state legislature, Congress and local politics. He is the author of The Unaffiliated newsletter and also occasionally fills in on breaking news coverage.