Colorado’s immigration laws, explained

In the years since Democrats took full control of state government, Colorado has passed a number of laws meant to make life here safer and more secure for undocumented residents.

Now, as the Trump administration and congressional Republicans turn up the heat on states over their stances on immigration, those policies are receiving new scrutiny and could potentially bring down punitive federal actions.

Here are some laws currently on the books:

Restrictions on where and how immigration enforcement is carried out

Restrict local law enforcement coordination with federal authorities: This law is one of those most often cited by Republicans unhappy with Colorado’s immigration policies. HB19-1124, nicknamed the Protecting Colorado Residents From Federal Government Overreach act, prevents law enforcement officers from arresting or detaining an individual on the basis of their immigration status, or holding someone in jail past their release time just so immigration officials can come pick them up. It also prevents authorities from providing information about an individual’s immigration status to federal officials. Officers can continue to assist federal immigration enforcement officials with executing warrants issued by federal judges, and they can transfer people from jail or prison into the custody of immigration officers, if they have a court order.

Further limit state employees from aiding immigration enforcement: A newer law, SB21-131, aims to further restrict cooperation between state employees and federal immigration agents by preventing the state from looking into people’s immigration status or disclosing anyone’s personal identifying information to ICE, except as required by law or courts.

No immigration arrests at Colorado courthouses: SB20-083 prohibits the arrest of people for civil infractions, when they are in a courthouse, or on their way to or from court proceedings. While the law doesn’t specifically mention immigration enforcement, its impact — if followed — is to keep ICE agents away from courthouses. The law creates a civil liability for any violator and allows the state attorney general to address violations.

Legal aid for immigration court: A 2021 state law earmarked around $100,000 to support organizations that provide legal representation in immigration proceedings for people who otherwise couldn’t afford it.

Making the state an easier place for undocumented immigrants to live

Connecting undocumented immigrants with state assistance and employment: Since 2022, the Office of New Americans has acted as a clearinghouse for state programs that benefit immigrants and refugees, regardless of legal status. Its activity last year included using state money and private donations to help new arrivals apply for Temporary Protected Status and work authorization.

Immigrant drivers licenses: In 2013, Colorado became one of the first states to issue drivers licenses to immigrants, regardless of their legal status. Access to the program has expanded significantly over the past dozen years. In 2024, lawmakers responded to the sudden surge in new arrivals from Venezuela and other countries by removing a rule that required people to have lived in Colorado for two years and expanding the list of eligible identity documents to apply for a license. The state does have safeguards in place to prevent noncitizen drivers licenses from being used to vote.

Unemployment benefits for undocumented immigrants: Starting last year, Colorado started paying unemployment benefits to qualifying undocumented immigrants through what it calls the Benefit Recovery Fund. The program, which is administered separately from the state’s normal unemployment benefits, is funded by unemployment insurance premiums that employers pay for workers without work authorization.

Medicaid coverage for undocumented children and pregnant women: Lawmakers have expanded public health care coverage to include undocumented pregnant women, new mothers and children up to the age of 18, through the ‘Cover all Coloradans’ program.

In-state tuition for undocumented students: In 2013, Colorado extended in-state tuition to students who met certain criteria. More recently, the state allowed those students to apply for certain state-funded scholarships.

Protection from status-based intimidation: One of the rare policies with bipartisan support, this law, HB21-1057, expands the definition of extortion to protect people from threats involving their immigration status.

Access to public benefits, licensing and housing: State law allows people to access state and local benefits without having to prove their lawful presence in the country unless the program specifically requires it. Colorado also doesn’t require people to verify their legal status when they apply for professional or business licenses. A separate law prevents landlords from asking prospective tenants about their immigration status.

Local laws

Some cities have their own laws limiting cooperation with immigration authorities or creating services and benefits for immigrants without legal status. For example, during the first Trump administration, Denver reduced sentencing requirements to prevent low-level criminal convictions from triggering deportations. The city passed new hate-crime legislation and, in 2018, started spending $750,000 a year on legal defense for undocumented immigrants.  The city also banned local law enforcement from using public resources to work with ICE in most circumstances — formalizing a longstanding practice.