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Colorado lawmakers gave initial approval to a bill Tuesday that seeks to curtail cooperation and the release of records to federal immigration enforcement officials, including public schools, colleges and universities, and child care centers.
Senate Bill 276 also would ensure public schools and colleges have rules to limit federal authorities’ access to buildings. Immigration enforcement officials only would be able to get access with a court-issued order, subpoena, or warrant.
While a state law passed in 2021 already limits state agencies and local law enforcement from cooperating and sharing information related to a resident’s immigration status with U.S. Customs and Immigration Enforcement, unless required by federal or state law, the bill seeks to extend that provision to others, including cities, counties, and schools.
The bill is a response to the Trump administration’s hard-line stance on immigration that has led to an uptick in raids, deportations, and the revocation of college student visas. The actions have led to fear among immigrant communities and bill sponsor state Sen. Julie Gonzales, a Denver Democrat, said the bill protects immigrant rights and ensures students and families feel secure going to school.
The bill cleared its first hearing Tuesday in the Senate State, Veterans, and Military Affairs committee with a 3-2 party-line vote. The bill will now be heard in the Senate Appropriations Committee before heading to the Senate floor.
“We’ve seen the Trump administration wield attacks against immigrants, regardless of their immigration status, with increasing frequency and with less and less regard for due process here in Colorado,” Gonzales said during a news conference before the hearing on the bill. “We have no control over what ICE does or does not do, but we do have control here in Colorado over what we do and what we don’t do.”
The vast majority of speakers during the hearing testified in favor of the bill, which is supported by immigrant rights groups, the ACLU of Colorado, and several education advocacy organizations. Three groups have opposed the bill, including the town of Castle Rock, SAFE Colorado, and the Colorado Association of Chiefs of Police.
Bill sponsors and advocates said the bill is especially important after the Trump administration revoked a decades-old policy that limited immigration enforcement at “sensitive” or “protected” places, such as schools, hospitals, and churches.
Recent raids in the Denver-area have terrified communities, and students have said they have seen immigration enforcement drive past school grounds. That’s caused students to stay home and families to skip medical care, supporters of the bill testified.
The bill is also sponsored by state Sen. Mike Weissman, an Aurora Democrat, and state Democratic Reps. Lorena Garcia, from Adams County, and Elizabeth Velasco, from Glenwood Springs. It would cost the state $500,000 a year in additional administrative costs.
Higher education institutions and K-12 schools already are required to protect student information under the Family Educational Rights and Privacy Act, or FERPA, which protects a student’s data and prohibits releasing most student records, such as student identification numbers or Social Security numbers. Information can only be obtained through a warrant, order, or subpoena, according to student privacy law.
Although the federal law has been in place since 1974, the Center for Democracy and Technology, a nonprofit, nonpartisan civil liberties organization, released a study that said about 17% of teachers nationally reported their school shared information with ICE. Colleges and universities would also not be allowed to share visa sponsorship information.
Gonzales said the bill would ensure federal authorities go through the correct process to get student data. And she said it’s important that lawmakers reaffirm that sharing student data isn’t permissible without a court order.
“We are in a moment in which long-standing bedrock protections are being eroded or overturned outright,” she said in an interview. “It’s for that reason that these data privacy safeguards are so critically important.”
The proposal also importantly ensures schools would need to have policies in place on how to respond if federal officials request student information, Weissman said. For instance, Aurora Public Schools sought guidance after February raids in the community, he said.
Summit School District Superintendent Tony Bird, who supports the bill, said the proposal addresses the concerns of communities and provides clear guidelines for districts on what to do if ICE requests cooperation and student information.
“This bill will foster trust in our community,” Byrd said. “When families feel safe, they’re more likely to engage with our schools.”
The bill also would require state and local groups to keep records of third parties seeking personal information. Reports would then be sent to the governor’s and attorney general’s offices.
The bill would allow fines to be levied if workers violate the law. Employees could face a civil penalty of $50,000, with that money going to Colorado’s Immigration Legal Defense Fund. The Colorado Municipal League has asked lawmakers to amend that portion of the bill due to concerns about the penalties.
The bill removes a portion of state statute related to obtaining state identification and the state’s Advancing Students for a Stronger Tomorrow program, which allows eligible public college and university students to pay in-state tuition.
The bill would no longer require a resident who isn’t here legally to submit an affidavit that says they will apply for legal status if they’re applying for in-state tuition or an identification document. The stipulation is intended to prevent residents from having to submit their information to federal officials, which could open them to deportation.
Jason Gonzales is a reporter covering higher education and the Colorado legislature. Chalkbeat Colorado partners with Open Campus on higher education coverage. Contact Jason at jgonzales@chalkbeat.org.
