Colorado law enforcement officers would have to alert prosecutors if they suspect a person in their custody is an illegal immigrant, under a bill tentatively approved Thursday by House lawmakers.
The bill would also force bail-bond agents to forfeit a bond if a client is deported, a move meant to make the businesses more diligent about transactions.
Legislators approved House Bill 1088 on a voice vote without any lawmakers speaking against it, but several yelled “No!” during the vote call.
The proposal faces another vote before it heads to the Senate.
Immigrant advocates said they’re worried that the bill will lead to discrimination, but supporters argue the proposal is needed to make prosecutors aware of a suspect’s immigration status and whether he or she is a flight risk.
“This bill is about ensuring that the parties who are charged with crimes appear in Colorado court to face justice,” said Rep. Mark Barker, R-Colorado Springs, the bill’s prime sponsor. “That’s all it does.”
Barker made substantial changes to the bill to appease concerns from opponents before his colleagues voted on the House floor. When Barker first introduced it, the bill sought to lower the legal standard of “probable cause” to “reasonable grounds” for believing someone was in the country illegally when determining bail. The bill also would have required judges to consider a person’s immigration status when setting bail.
Barker’s bill now contains the existing standard of probable cause, and he eliminated the language about judges needing to consider immigration status during bail hearings.
