ColoradoVetoed bill proposed court claims over immigration enforcement violations
The vetoed bill proposed allowing people to seek court relief for constitutional violations during civil immigration enforcement and setting aside money for state legal services.
What it does
People whose constitutional rights are violated during civil immigration enforcement may sue the person whose conduct caused the violation. The claim excludes peace officers acting within their duties consistently with state law.
Winning plaintiffs may receive reasonable legal fees and costs; defendants may receive them for claims a court finds frivolous. To the extent federal law permits, listed forms of immunity do not apply.
The bill proposed setting aside $125,604 for the Department of Law to provide legal services to the Department of Personnel in fiscal year 2026–27.
Argument forPeople whose constitutional rights are violated during civil immigration enforcement could seek court-ordered relief, with reasonable legal fees and costs if they win.
Argument againstPeople sued over civil immigration enforcement could face legal claims and fees, while the peace officer exception applies only when officers act within their duties and consistently with state law.
More detail
A person may bring a civil case against the person whose conduct proximately caused a constitutional rights violation during civil immigration enforcement. The claim concerns rights guaranteed by the U.S. Constitution and covers people acting under federal, state, or local law while participating in civil immigration enforcement. A person found to have violated the Constitution may be liable for legal, equitable, or other appropriate relief. The definition excludes a peace officer acting within the scope of the officer’s duties consistently with state law. A case must be filed within two years after the claim arises.
A court must award reasonable attorney fees and costs to a winning plaintiff, and may award them to a defendant for claims the court finds frivolous. These rules apply to civil actions under this section for constitutional violations during civil immigration enforcement. In an injunction case, a plaintiff is treated as having won if the suit was a substantial factor or significant catalyst in getting the result sought. To the maximum extent allowed by the U.S. Constitution and federal law, listed forms of immunity do not apply to these actions.
The Department of Law may use $125,604 to provide legal services for the Department of Personnel. The appropriation supports the Department of Law’s legal services for the Department of Personnel. The money is appropriated from the legal services cash fund using revenue received from the Department of Personnel. The appropriation assumes the Department of Law will need an additional 0.5 full-time-equivalent position. The appropriation is for the 2026–27 state fiscal year.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 3Governor Jared Polis VetoedLatest
- May 22Signed by the President of the SenateMajor
- May 22Signed by the Speaker of the HouseMajor
- May 22Sent to the GovernorTo Governor
- May 7House Third Reading Passed - No AmendmentsPassed House
- Vote recorded BILL. Result: pass.Lower
- May 6House Second Reading Special Order - Passed - No Amendments
- Vote recorded AMD (H.001). Result: fail.Lower
- Vote recorded LIMIT. Result: pass.Lower
- May 4House Committee on Appropriations Refer Unamended to House Committee of the WholeMinor
- Vote recorded Refer Senate Bill 26-005 to the Committee of the Whole. Result: pass.Upper
- Vote recorded Refer Senate Bill 26-005 to the Committee of the Whole. Result: pass.Lower
- Apr 22House Committee on Judiciary Refer Unamended to AppropriationsMinor
- Vote recorded Refer Senate Bill 26-005 to the Committee on Appropriations. Result: pass.Upper
- Vote recorded Refer Senate Bill 26-005 to the Committee on Appropriations. Result: pass.Lower
- Apr 14Introduced In House - Assigned to JudiciaryMinor
- Feb 24Senate Third Reading Passed - No AmendmentsPassed Senate
- Vote recorded BILL. Result: pass.Upper
- Feb 23Senate Second Reading Passed with Amendments - Committee, FloorMinor
- Feb 20Senate Second Reading Laid Over to 02/23/2026 - No Amendments
- Feb 18Senate Committee on Appropriations Refer Amended to Senate Committee of the WholeMinor
- Vote recorded Refer Senate Bill 26-005, as amended, to the Committee of the Whole. Result: pass.Upper
- Vote recorded Adopt amendment J.001. Result: pass.Upper
- Feb 2Senate Committee on Judiciary Refer Amended to AppropriationsMinor
- Vote recorded Refer Senate Bill 26-005, as amended, to the Committee on Appropriations. Result: pass.Upper
- Vote recorded Adopt amendment L.001 (Attachment B). Result: pass.Upper
- Jan 14Introduced In Senate - Assigned to JudiciaryIntroduced
Civil Rights & VotingImmigrationGovernment & Ethics