Anti-deportation measure stalls
A bill that would help legal U.S. immigrants in Colorado avoid deportation after committing certain low-level crimes — one that received unanimous approval by a committee in the GOP-controlled state Senate — still awaits a floor vote several weeks later.
The hold-up? Republican support for the measure has eroded, in part because of perceptions that it’s a socalled sanctuary policy.
That retreat, which involves two GOP senators who voted for Senate Bill 166 in committee, leaves in doubt whether the bill’s Democratic support — which is also in question — will be enough to get it approved in the chamber and over to the Democratic-controlled House, where its passage on to the governor’s desk would be likely.
The measure would shave one day off jail sentences for most Class 2 misdemeanors, misdemeanors without a mandated penalty and municipal violations that otherwise max out at a full year.
That change, while seemingly small, would allow immigrants in the U.S. with legal status to stay off the radar for removal of U.S. Immigration and Customs Enforcement agents if they are convicted of one of those crimes. That’s because pleading guilty or being found guilty of any offense that carries a penalty of a year or more behind bars can put their immigration status at risk.
“It triggers a ground of deportability,” said Aaron Hall, an Aurora immigration attorney, “which means that ICE can put them into deportation proceedings.”
The term “sanctuary” is often applied to policies and cities that are seen as aiding immigrants — moreso those who are in the U.S. unlawfully — or that work against the efforts of federal immigration officials.
The bill in the Colorado Senate, sponsored by Sen. Don Coram, R-Montrose, and Rep. Leslie Herod, DDenver, passed out of the Senate’s Judiciary Committee by a 5-0 vote in February. Neither lawmaker sees the measure — a similar version of which was rejected last year by the GOP in a Senate committee after clearing the Democratic-controlled House — as a sanctuary policy.
But two of the lawmakers who backed the legislation earlier this session — Republican Sens. John Cooke, of Greeley, and Bob Gardner, of Colorado Springs — have since reversed their support, at least one of them over concerns about it being seen as a sanctuary measure.
“I got a little bit more information on it, so I’m not going to support it,” Cooke said, adding that it “might create the perception of a sanctuary state.”
Gardner said he has heard from his constituents that they are largely against the bill.
“I would say the bill is kind of nuanced in its policy applications. What I’ve found is that my constituents overwhelmingly are opposed to the bill,” he said. “I think it’s just one of those bills that’s really difficult to explain the policy and how it doesn’t particularly benefit illegal immigrants, but rather legal immigrants.”
Other Republicans in the Senate have raised concerns about the legislation as well, likening it to a sanctuary policy. In fact, it goes essentially as far as Denver was willing to go last year when the city passed a similar measure.
“Some of the members of the caucus are very concerned,” Coram said. “All of those that are calling it ‘I’m creating a sanctuary state’ — it’s absolutely (not true).”
Coram added that other states have penalties of less than a year for offenses like those in the Colorado bill — such as setting off fireworks — and that he has amended it to narrow its impact and keep penalties as they are for people convicted of child abuse, false imprisonment and domestic incidents, like violation of a protection order.
Herod added that people convicted of such crimes rarely serve jail time.
Even Democrats, however, apparently aren’t fully on board with the legislation — and they likely would all have to vote “yes” for it to pass in the Senate. Republicans hold 18 of the chamber’s 35 seats, compared to the Democrats’ 16. The 35th senator is independent Cheri Jahn, of Wheat Ridge.
“I’ve heard some concerns, I’ve heard some support for it, obviously,” Senate Minority Leader Leroy Garcia, D-Pueblo, told The Denver Post. When asked if he backs the legislation, he said that he hasn’t heard from all sides and wants to.
As for the bill’s “sanctuary” perceptions and the idea that it would aid people living in the U.S. illegally, Hall noted that a criminal charge by itself would get an undocumented person on the radar of immigration authorities and subject them to possible deportation.
“The text of the bill has nothing to do with cooperation with immigration authorities. It’s just about making sure that low-level offenses have a lesser possible maximum sentence,” Hall said.
Senate Bill 166 was passed out of committee Feb. 21 and has since has been laid over for discussion on the Senate floor more than 15 times. Senate Majority Leader Chris Holbert, R-Parker, says it will eventually be brought up for debate and that he is waiting on Coram to finalize an amendment.
“I’m a ‘no,’ ” he said of his take on the legislation. “My caucus is split.”