Colorado lawmakers are currently debating a new bill that would allow criminal defendants living unlawfully in the U.S. to petition courts to vacate guilty pleas to misdemeanors under specific conditions. The legislation also aims to penalize child care and public schools for providing information or allowing immigration agents into certain areas. The Democrats are pushing for this measure in response to the nationwide illegal immigration crackdown initiated by the Trump administration. The bill, Senate Bill 276, expands on existing prohibitions of local law enforcement from arresting or detaining individuals based on immigration detainer requests. It also mandates that detention facility workers do not provide immigration agents access to non-public areas without a warrant.
Furthermore, the bill prohibits school or child care workers from allowing federal agents to access non-public areas without a warrant or enforcement order. Violations of these provisions could result in a penalty of $50,000 per offense for public child care centers, schools, and other public institutions, but not for local governments or law enforcement. Additionally, the bill repeals requirements from previous legislation regarding in-state tuition for undocumented students. The proposed legislation addresses issues related to data privacy, allowing immigrants to request the vacating of certain convictions based on inadequate legal counsel regarding immigration consequences.
Advocates of the bill argue that it is necessary to protect immigrant families from deportation fears and ensure their safety while accessing public services. However, critics, including former ICE officials, argue that the bill prioritizes criminals over public safety and could have negative consequences. The bill is also seen as a way to establish Colorado as a sanctuary state, but detractors fear potential federal funding cuts due to this status. The debate on Senate Bill 276 is ongoing, with both supporters and opponents voicing their opinions.
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