Bill to Safeguard Constitutional Rights Passes Committee

SB26-005 would create legal remedies in state court for an individual harmed during a civil immigration enforcement action where constitutional rights were violated

DENVER, CO – Today, the Senate Judiciary Committee approved legislation to strengthen constitutional protections by ensuring that those harmed by unconstitutional conduct by federal immigration enforcement officials have a pathway to justice in state court. 

SB26-005, sponsored by Senators Mike Weissman, D-Aurora, and Julie Gonzales, D-Denver, would create a state law cause of action for violations of the United States Constitution that occur in the context of federal civil immigration enforcement. 

“People have long come to our country for the promise of a better life and the guarantee of equal treatment under the law,” said Weissman. “I’m proud to sponsor legislation to protect our constitutional rights and create legal remedies when those rights are violated. Senate Bill 5 stands for the basic principles that government agents must follow the law like everyone else and that there should be legal remedies when constitutional rights are violated. This legislation reaffirms the civil rights of all Coloradans.”

“Under the Trump Administration, we are witnessing the conflation of immigration status, dissent, and criminality,” said Gonzales. “Our government is telling us not to believe what we see with our own eyes. It is up to us to act boldly and bravely, create pathways of real accountability for those who violate our fundamental rights and freedoms, and ensure everyone is treated with dignity and respect in Colorado.” 

This bill would allow Coloradans to pursue legal action against federal officers if their rights under the U.S. Constitution are violated during a civil immigration enforcement action. Those found responsible for such violations could be held liable to the injured party for appropriate legal or equitable relief.

The legislation aims to protect Coloradans’ constitutional rights amid intensifying violence by federal immigration officials, including the fatal shootings of U.S. citizens Renee Good and Alex Pretti at the hands of federal immigration officers in Minneapolis. 

SB26-005 now moves to the Senate Appropriations Committee for further consideration. Track its progress HERE.