Amendment 81 Would Force Local Police to Report Suspects to Federal Authorities

Colorado voters will decide by November 3 whether to amend the state constitution to mandate a new reporting relationship between local law enforcement and federal immigration officials. The measure, known as Amendment 81, seeks to close a gap in current state law that prohibits local agencies from holding individuals solely on federal detainers. If approved, the change would establish a strict timeline for officers to communicate with the U.S. Department of Homeland Security.

The amendment triggers a specific workflow when a person is charged with a violent crime or holds a prior felony conviction. Under the proposed rule, local officers must make an active effort to verify the suspect's citizenship status. If that status cannot be confirmed, or if the person is determined to be in the country illegally, the agency must notify the Department of Homeland Security within 72 hours. This notification must occur before any conviction is finalized, while the legal case remains pending.

Advance Colorado, a conservative organization based in the state, gathered the signatures necessary to place the measure on the 2026 midterm ballot. The group declined multiple interview requests from reporters. Jon Caldara, president of the Independence Institute, supports the amendment. He describes the measure as a basic step in interagency cooperation. Caldara argues that notifying federal authorities when an individual charged with a violent crime is in the country illegally is a public safety necessity rather than a political statement.

Boulder County Sheriff Curtis Johnson has emerged as a prominent critic of the proposal. Johnson contends that deputies are not trained to verify citizenship and that this function has historically remained a federal responsibility. He warns that forcing county agencies into this role would require a fundamental reshaping of arrest procedures. Johnson also raised concerns regarding crime victims. He stated that if a suspect is deported before their case goes to trial, the victim may never receive the outcome they want. He added that the deported individual could potentially return without consequence.

The measure changes the state constitution rather than ordinary state law. This distinction means that if voters approve Amendment 81, the provision cannot be easily reversed by the legislature. Undoing it would require another statewide vote. Both supporters and opponents view the ballot question as a defining moment for the relationship between local policing and federal immigration enforcement in Colorado.

Caldara acknowledged that the political climate influences how voters perceive the measure. He suggested that a different federal administration might face less resistance to such a policy. He noted that many voters may treat the ballot question as a referendum on federal immigration policy. The debate highlights a division among badge wearers across the state regarding the scope of their duties and the level of trust within immigrant communities.