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Notification of U.S. Department of Homeland Security for Certain Criminal Charges and Immigration Status Initiative

Colorado Ballot Measure - Initiative 95

Election: Nov. 3, 2026 (General)

Outcome: Pending

Categories:

Criminal Justice
Federal, State and Local Relations
Immigration

Arguments For

Arguments Against

Summary

The ballot measure, Initiative #95, would create a new section, Section 17, in Article XVIII of the Colorado Constitution to require state and local law enforcement to notify the U.S. Department of Homeland Security within 72 hours when:
- an individual being charged is not lawfully present in the United States, or if their immigration status cannot be determined after a reasonable effort by law enforcement; and
- either the individual is charged with a crime of violence, as defined by law, or the individual has been convicted of a prior felony.

Measure Text

Be it enacted by the People of the State of Colorado:
SECTION 1. In the constitution of the state of Colorado, add section 17 to article XVIII as
follows:

Section 17. Notification requirements for felons and violent offenders unlawfully present in
the United States
(1) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES, “LAW
ENFORCEMENT” MEANS:
(a) A CERTIFIED PEACE OFFICER DESCRIBED IN LAW, WHO IS EMPLOYED BY A LAW ENFORCEMENT AGENCY;
(b) A CORRECTIONAL OFFICER; OR
(c) AN ATTORNEY OR INVESTIGATOR WHO IS EMPLOYED BY A DISTRICT ATTORNEY.

(2) Requirement to notify upon charging. NOTWITHSTANDING ANY OTHER PROVISION OF
COLORADO LAW, LAW ENFORCEMENT SHALL NOTIFY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY WITHIN SEVENTY-TWO HOURS AFTER CHARGING THE PERSON WITH A CRIME IF:
(a) THE PERSON IS NOT LAWFULLY PRESENT IN THE UNITED STATES OR THE STATUS OF THE
PERSON’S LAWFUL PRESENCE IS UNKNOWN AFTER A REASONABLE ATTEMPT TO DETERMINE IT HAS BEEN MADE BY LAW ENFORCEMENT; AND
(b) EITHER:
(I) THE PERSON IS CHARGED WITH A CRIME OF VIOLENCE AS DEFINED BY COLORADO STATUTE; OR
(II) THE PERSON HAS BEEN CONVICTED OF A PRIOR FELONY.

(3) Reasonable effort required. LAW ENFORCEMENT HAS A DUTY TO MAKE A REASONABLE
EFFORT TO DETERMINE WHETHER A PERSON CHARGED WHO WOULD BE THE SUBJECT OF A
NOTIFICATION UNDER THIS SECTION IS LAWFULLY PRESENT IN THE UNITED STATES.

Resources

Official Summary

Source
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