Denver Council Opposes Proposed Immigration-Notice Amendment

Denver City Council voted 11-0 on Oct. 19 to adopt a proclamation opposing Amendment 81, a proposed state constitutional amendment that would require notice to federal authorities after certain criminal charges. Colorado voters are scheduled to decide the measure Nov. 3. The meeting transcript records the vote, and Proclamation 26-1501 states the council’s opposition.

The measure would require notice to the federal 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 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 the new charge. The 2026 ballot information booklet explains that notice would follow a charge, not merely an arrest. The Colorado Secretary of State lists Amendment 81 among the certified measures on the November ballot.

The proclamation says the proposal could undermine due process and public safety. Council members also raised concerns that it could damage trust between immigrant communities and local police. The proclamation argues that notice could occur before a person’s guilt or innocence is determined. The proclamation expresses the council’s opposition; it does not change Denver law.

Denver already limits some city participation in civil immigration enforcement. The city’s 2017 Public Safety Enforcement Priorities Act and Office of Immigrant and Refugee Affairs policy overview describe limits on sharing certain information or using city resources for immigration enforcement, as well as a ban on holding someone solely on a civil immigration detainer. Those rules address city cooperation and detention; Amendment 81 would add a notice requirement tied to specified charges.