Denver's City Council has voted unanimously to oppose Amendment 81, a proposed Colorado constitutional amendment that would require local law enforcement to notify federal immigration authorities after certain criminal charges. The council voted 11-0 on Monday, October 19, to adopt Proclamation 26-1501 stating its opposition, according to the council meeting transcript. Colorado voters will decide the measure on November 3.
Source: The Badger (Denver)
What Amendment 81 would do
Under the measure, law enforcement would have to notify the US Department of Homeland Security within 72 hours after a person is charged, if the person is not lawfully present in the United States — or their status remains unknown after a reasonable effort to determine it — and the person is charged with a crime of violence or has a prior felony conviction. A prior felony conviction would qualify regardless of when it occurred or what the new charge is. The state's 2026 ballot information booklet explains that the notice would follow a charge, not merely an arrest.
The ballot question asks voters whether the Colorado Constitution should require law enforcement to notify the Department of Homeland Security when a person is charged with either a violent crime, or with any crime if the person has a prior felony conviction, when officers cannot determine that the person is lawfully present. Because it is a constitutional amendment, it needs 55 percent of the vote to pass, Colorado Public Radio's voter guide notes.
Source: Colorado Public Radio
Vote: Denver City Council 11-0, October 19 (Proclamation 26-1501). Decision day: November 3, 2026. Threshold: 55% yes vote required. Notice window in the measure: within 72 hours after a charge.
What supporters say
Michael Fields of Advance Colorado, the conservative advocacy organisation behind most of this year's ballot measures, told CPR the measure keeps Immigration and Customs Enforcement focused on criminals and on removing violent criminals who are in the country illegally. He said most politicians in the state have said violent criminals who are in the country illegally should be reported and removed, and that current state law prevents that from happening.
What opponents say
Denver District Attorney John Walsh called the amendment a “recipe for abuse” that could mean racial profiling, CPR reported. Walsh said it “undermines trust in state and local law enforcement by making them an arm of ICE,” and added: “Let Colorado law enforcement do its job protecting the people of Colorado without forcing us to report to the federal government.” The council proclamation says the proposal could undermine due process and public safety, could damage trust between immigrant communities and local police, and notes that notice could occur before a person's guilt or innocence is determined. Civil rights and immigration advocates cited by CPR argue communities are less safe when local police must work with ICE, because victims and residents may fear calling for help.
Where things stand now
Colorado law currently strictly limits police cooperation and communication with federal immigration authorities, although arrest records, charging documents and bail information are generally available through shared criminal databases, CPR's guide explains. Denver's own 2017 Public Safety Enforcement Priorities Act limits sharing certain information, using city resources for immigration enforcement, and holding someone solely on a civil immigration detainer. The council's proclamation expresses opposition only — it does not change Denver law. If voters approve Amendment 81 on November 3, the constitutional amendment would supersede the state laws that now limit such communication.