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Home My WebLink AboutC06-270 Immigration Certification I) Eagle County does not presently have any ordinance or policy that limits or prohibits a peace officer, local official, or local government employee from communicating or cooperating with federal officials with regard to the immigration status of any person within this state. 2) The governing body of Eagle County hereby agrees that it shall provide notice in writing to peace officers of the duty to cooperate with state and federal officials with regard to enforcement of state and federal laws regarding immigration and comply with section 29- 29-103(2)(a), C.RS. A copy of the notification is attached. 3) Eagle County shall provide written confirmation to the General Assembly that it has provided such notice and shall annually, on or before March 1, or each year, report to the Legislative Council of the General Assembly the number of reports made to the United States Immigration and Customs Enforcement Office as required under article 29 of Title 29, C.RS. Eagle County shall provide a copy of the annual report to the Department of Local Affairs. 4) Eagle County acknowledges that it is ineligible to receive local government financial assistance through grants administered by the Department of Local Affairs until such time as it is in compliance with section 29-29-103(1) and (2)(b), C.RS. Signature: Title: Chairman, Board of County Commissioners of Eagle County Date: Attest: Title: NOTICE TO EAGLE COUNTY PEACE OFFICERS OF DUTY TO COOPERATE WITH STATE AND FEDERAL OFFICIALS WITH REGARD TO ENFORCEjffENT OF STATE AND FEDERAL LAWS REGARDING I1l'BlJIGRATION AND TO COlt/PLY WITH Sec. 29-29-103(2)(a), CRS All Eagle County Peace Officers are hereby notified of their obligation to cooperate with state and federal officials with regard to enforcement of state and federal laws regarding immigration and to comply with Sec. 29-29-103(2)(a), CRS. BACKUP MATERIAL FOR INFORMATIONAL PURPOSES ONLY NOT TO BE ATTACHED TO CERTIFICATION DEPARTMENT OF LOCAL AFFAIRS DIVISION OF EMERGENCY MANAGEMENT Barbara Director Bill Owens Governor July 6, 2006 Barbara Kirkrneyer Acting Executive Director Authorized Senate Bill 06-090 requires written confirmation to the General Assembly under Statutes 29-29-101 through 29-29-103 on Immigration Status. Effective July 1, 2006, to be eligible for local government financial by the Department of Local Affairs a local be in compliance with the above statute(s). a Certification to If or policy contrary to or policy must no longer be in effect. In order to receive a grant, the Department of Local Affairs must receive the Certification prior to issuing any grant funds. If you have any questions, please do not hesitate to contact me (303) 866-4904. f\cting Executive Director 9195 East Mineral Ave, Suite 200 Centennial, Colorado 80112 (720) 852-6600 FAX (720) 852-6750 TOO 794 ~ ~ /~ '" )) --..--/ ~~ ~ -- --- SENATE BILL 06-090 BY SENA TOR(S) Wiens, Johnson, Brophy, Dyer, Evans, Grossman, Hagedorn, Jones, Kester, Lamborn, May R., Mitchell, Spence, Taylor, Teck, Tochtrop, Traylor, and Boyd; also REPRESENT A TIVE(S) Harvey, Balmer, Berens, Clapp, Cloer, Crane, Decker, Hall, Hefley, Hoppe, Kerr J., King, Knoedler, Listen, Lundberg, Massey, May M., Paccione, Penry, Rose, Schultheis, Stafford, Stengel, Todd, White, and Witwer. CONCERNING LOCAL GOVERNMENT COOPERATION WITH FEDERAL OFFICIALS REGARDING THE IMMIGRATION STATUS OF PERSONS IN THIS STATE. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Title 29, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read: ARTICLE 29 Immigration Status - Cooperation With Federal Officials 29-29-101. Legislative declaration. (1) THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT: (a) SANCTUARY POLICIES ARE LOCAL GOVERNMENT ORDINANCES OR POLICIES THAT PROHIBIT LOCAL OFFICIALS, INCLUDING PEACE OFFICERS, FROM COMMUNICATING OR COOPERATING WITH FEDERAL OFFICIALS WITH REGARD TO THE IMMIGRATION STATUS OF ANY PERSON WITHIN THE STATE; (b) THE MATTERS CONTAINED IN THIS ARTICLE HAVE IMPORTANT STATEWIDE RAMIFICATIONS FOR COMPLIANCE WITH AND ENFORCEMENT OF FEDERAL IMMIGRATION LAWS; (c) SANCTUARY POLICIES ALLOW ILLEGAL IMMiGRANTS TO RESIDE WITHIN AND TO UNDERMINE FEDERAL IMMIGRATION LAW. 2) THE GENERAL ASSEMBLY THEREFORE DECLARES THAT THE ADDRESSED iN THIS ARTiCLE ARE MATTERS OF STATEWiDE CONCERN. 29-29-102. Definitions. As USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES: (1) "LOCAL GOVERNMENT" A TOWN, CITY, CITY AND COUNTY, OR COUNTY. 03. Cooperation federal imm STATUS. (1) NO LOCAL GOVERNMENT, WHETHER ACTING THROUGH ITS GOVERNI BODY OR BY AN INITIATIVE, REFERENDUM, OR ANY OTHER PROCESS, SHALL ENACT ORDINANCE OR POLICY THAT LIMITS OR PROHIBITS A PEACE OFFICER, LOCAL OFFICIAL, OR LOCAL GOVERNMENT EMPLOYEE FROM COMfv1UNICATING OR COOPERATING WITH FEDERAL OFFICIALS WITH REGARD TO THE I IGRATION STATUS WITHIN THIS STATE. (2) (A) (I) A PEACE OFFICER WHO HAS PROBAB CAUSE FOR A CRIMINAL OFFENSE IS NOT LEGALLY PRESENT IN THE UN REPORT SUCH ARRESTEE TO THE UNITED STATES I IGRATION CUSTOMS ENFORCEMENT OFFiCE IF THE ARRESTEE IS NOT HELD AT A DETENTiON FACILITY. IF THE ARRESTEE is HELD AT A DETENTION FACILITY AND THE COUNTY SHERIFF REASONABLY BELIEVES THAT THE ARRESTEE IS NOT LEGALLY PRESENT IN THE UNITED STATES, THE SHERIFF SHALL REPORT SUCH ARRESTEE TO THE FEDERAL IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE. (II) THIS SUBSECTION (2) SHALL NOT APPLY TO ARRESTEES WHO ARE ARRESTED FOR A SUSPECTED ACT OF DOMESTIC VIOLENCE AS DEFINED BY SECTION 18-6-800.3, C.R.S., UNTIL SUCH TIME AS THE ARRESTEE IS CONVICTED OF A DOMESTIC VIOLENCE OFFENSE. (b) THE GOVERNING BODY OF EACH LOCAL GOVERNMENT SHALL NOTICE IN WRITING TO PEACE OFFICERS OF THE DUTY TO COOPERATE WITH FEDERAL OFFICIALS WITH REGARDS TO ENFORCEMENT OF STATE LAWS REGARDING IMMIGRATION AND COMPLY WITH (a) SUBSECTION (2). EACH GOVERNING BODY SHALL CONFIRMATION TO THE GENERAL ASSEMBLY THAT IT HAS PROVIDED SUCH NOTICE AND SHALL ANNUALLY, ON OR BEFORE MARCH 1 OF EACH YEAR, REPORT TO THE LEGISLATIVE COUNCIL OF THE GENERAL ASSEMBLY THE NUMBER OF REPORTS MADE TO THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE PURSUANT TO THIS ARTICLE. (c) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT THE ATTORNEY GENERAL AND ALL APPROPRIATE STATE AND LOCAL ENFORCEMENT AGENCIES SHOULD VIGOROUSLY PURSUE ALL FEDERAL MONEYS WHICH THE STATE MAY BE ENTITLED FOR THE REIMBURSEMENT OF MONEYS SPENT TO ENFORCE FEDERAL IMMIGRATION LAWS. (3) A LOCAL GOVERNMENT THAT VIOLATES SUBSECTION (1) OF THIS SECTION OR PARAGRAPH (b) OF SUBSECTION (2) OF THIS SECTION SHALL NOT BE ELIGIBLE TO RECEIVE LOCAL GOVERNMENT FINANCIAL ASSISTANCE THROUGH ADMINISTERED BY THE DEPARTMENT OF LOCAL AFFAIRS UNTIL SUCH TIME AS THE ORDINANCE OR POLICY IS NO LONGER IN EFFECT. CERTIFICATION AUTHORIZED OFFICIAL'S CERTIFICATION: As the Authorized of , (Town, City, City & County or County), I certify, by my signature below, that I have read and am fully cognizant of Statute(s) 29-29-101 through 29-29-103, and will be in compliance with said statute(s). Name Title