- Colorado law bans Immigration and Customs Enforcement (ICE) from arresting people for civil immigration detainers inside courthouses or in the immediate surrounding areas that serve courthouses (including the adjacent sidewalks, driveways, entryways, and parking areas). (C.R.S § 13-1-403)
- Colorado law prohibits state agencies from requesting information from an individual as to their immigration status. Further, state agencies and the Probation Department are prohibited from providing any information obtained regarding an individual to ICE without a warrant, court order, or subpoena. (C.R.S. §§ 24-74-103, 24-74-104, and 24-76.6-103)
- The District Attorney’s Office will not seek to obtain and will not provide any information obtained about the immigration status of a victim or witness to ICE and will not notify ICE if a defendant in a pending case is undocumented.
- The DA’s Office is willing to move court dates for a defendant if there is a fear that immigration officials will use the time of the court date to attempt to locate an individual, even though arrest at the courthouse is prohibited by Colorado law. The DA’s Office may consider immigration consequences as a factor in resolving criminal cases. (DA Policy – Immigration Consequences)
- Boulder County law enforcement agencies do not seek to obtain information about the immigration status of individuals contacted and will not share this information with ICE absent a court order.
- The Boulder County Jail does not proactively notify the federal government about immigration status of individuals that are in-custody. (BCSO Policy J1618)
- Information about all individuals in-custody at the Boulder County Jail is public information and may be obtained by federal immigration authorities.
- As established by the Boulder County Jail Incarceration Standards, the Boulder County Jail and Boulder County law enforcement must, and will, honor warrants signed by a judge or magistrate.
- State law and local policies prohibit the jail and local law enforcement agencies from honoring administrative detainers as the sole reason to detain, arrest, or keep someone in custody. (C.R.S. §24-76.6-102(2) & BCSO Policy J1618)
- Immigration officials, if they request, will be informed when a person is being released from custody as it is public information, but the jail will not hold a person past their time for release.
- All individuals are protected from unreasonable searches and seizures without a warrant, protected from entry into their home without a warrant, have a right not to speak with law enforcement beyond providing identifying information, and have the right to an attorney. (U.S. Constitution 4th, 5th, and 6th Amendments; Colorado Constitution Article II, Sections 7, 16, and 18; Section 292 of the Immigration and Nationality Act; C.R.S § 16-3-103)
Revised December 2024