This amendment would stop the state department from charging more than $1,600 for inspections in the 2026-27 budget year and limit fees to no more than $900 starting in the 2027-28 budget year.
HB26-1276
HB26-1276: Protecting Immigrant Safety and Court Data Privacy
In one sentence
This law changes rules for court records, allows health officials to inspect immigration detention facilities more often with specific safety requirements, mandates police training on immigration laws, creates a new fund for inspections, and requires the Attorney General to publish policies on protecting personal information.
What it does
- Removes the rule that users of Colorado courts' e-filing system must promise not to share personal identifying information with federal immigration enforcement.
- Allows public health agencies to inspect facilities housing noncitizens for civil immigration proceedings annually, plus at least one unannounced inspection every three months.
- Requires detention facilities to follow new rules, including keeping minors separate from unrelated adults and having medical and mental health staff available on-site at all times.
- Mandates that the Department of Public Health and Environment submit an annual public report about facility compliance with these requirements starting in 2027.
- Requires the P.O.S.T. board to create training for peace officers regarding laws on civil immigration detainers, which must be completed by December 31, 2027.
- Creates a new state fund called the Immigration Facility Inspection and Detention Cash Fund to pay for inspections using fees collected from facilities.
- Requires the Attorney General to develop and make publicly available a policy regarding laws on protecting personal identifying information.
Who it affects
- Users of Colorado courts' e-filing system who access personal identifying information.
- Local, county, or private facilities that house noncitizens for civil immigration proceedings, including those contracted with federal authorities (excluding facilities operated directly by the federal government).
- Peace officers certified by the P.O.S.T. board in Colorado.
- The Department of Public Health and Environment and the Attorney General.
Limits and unknowns
- The new inspection and safety rules do not apply to detention facilities operated directly by the federal government.
- Facilities that refuse inspections or fail to follow health standards face fines of up to $50,000 per violation, but the law does not specify how often these penalties will be enforced in practice.
- The effective date for when all parts of this law begin is listed as blank in the provided metadata.
Plain language
Terms to know
- Civil immigration proceedings
- Legal cases about a person's status as an immigrant that are not criminal trials, often involving detention or deportation hearings.
- P.O.S.T. board
- The Peace Officer Standards and Training board in Colorado that sets training rules for police officers.
- Civil penalty
- A fine of up to $50,000 per violation or refusal a facility must pay if it breaks the law; this money goes into state funds rather than to an individual victim.
Official record
Sources
Official summary
The act exempts Colorado courts' e-filing system from the requirement that users certify that they will not disclose personal identifying information obtained from the system for federal immigration enforcement. The act authorizes a public health agency to inspect or examine a facility that houses or detains individuals who are noncitizens for purposes of civil immigration proceedings. Under current law, the department of public health and environment is authorized to inspect facilities that house or detain individuals who are noncitizens for purposes of civil immigration proceedings. The act expands the inspection authority, including the frequency of inspections and things that are subject to inspection. A facility that refuses to allow the inspection is subject to a civil penalty. The department of public health and environment is authorized to set fees for inspections and deposit the money from the fees in the immigration facility inspection and detention cash fund, which is created in the state treasury. The act authorizes the department of public health and environment to require facilities that house or detain individuals who are noncitizens for purposes of civil immigration proceedings to comply with requirements, including health and safety standards and reporting requirements. A facility that fails to comply is subject to a civil penalty. The act requires the department of public health and environment to submit an annual report to the attorney general concerning facilities' compliance with these new requirements and make the report publicly available on its website. The act requires the P.O.S.T. board to establish training standards related to peace officer compliance with current laws concerning civil immigration detainers. P.O.S.T.-certified peace officers must complete the training before December 31, 2027. The act requires the attorney general to develop and make publicly available a policy regarding current laws concerning the protection of personal identifying information. The act appropriates $107,283 to the department of public health and environment from the immigration facility inspection and detention cash fund. (Note: This summary applies to this bill as enacted.)
Official activity
Bill history
- Governor SignedGovernor
- Sent to the GovernorGovernor
- Signed by the President of the SenateSenate
- Signed by the Speaker of the HouseHouse
- House Considered Senate Amendments - Result was to Concur - RepassHouse
- Senate Third Reading Passed with Amendments - FloorSenate
- Senate Second Reading Special Order - Passed with Amendments - Committee, FloorSenate
- Senate Second Reading Special Order - Laid Over Daily - No AmendmentsSenate
- Senate Committee on Appropriations Refer Amended to Senate Committee of the WholeSenate
- Senate Committee on Judiciary Refer Amended to AppropriationsSenate
- Introduced In Senate - Assigned to JudiciarySenate
- House Third Reading Passed - No AmendmentsHouse
- House Second Reading Special Order - Passed with Amendments - Committee, FloorHouse
- House Committee on Appropriations Refer Amended to House Committee of the WholeHouse
- House Committee on Finance Refer Amended to AppropriationsHouse
- House Committee on Judiciary Refer Amended to FinanceHouse
- Introduced In House - Assigned to JudiciaryHouse
Changes
Amendments
26 stored
This amendment adds money to the bill so that Colorado's public health department can hire one new worker and run environmental safety programs.
This amendment removes most of the text from a bill that was intended to change how Colorado courts handle personal information for federal immigration purposes.
This amendment creates a new state fund to pay for surprise inspections of immigration detention facilities and expands the types of investigations that can be conducted.
This amendment adds a new rule that stops police officers and detention facility staff from letting federal immigration agents enter private areas of the building without specific legal documents.
This amendment narrows the bill's protections to only cover situations where federal law enforcement actions lead to immigration consequences like detention or deportation.
This amendment adds financial penalties for state agencies if they allow or fail to stop employees from breaking immigration privacy rules, and it bans the Department of Corrections from transporting people detained by federal immigration authorities.
This amendment changes the bill to specify that only unsealed court documents can be used for certain legal requests.
This amendment changes the law so that a person only breaks it if they intentionally share private information from court records with federal immigration officials.
This amendment changes the funding source for a court system update to come from a specific cash fund used for inspecting immigration facilities.
This amendment removes most of the original bill's text and adds a new rule that limits protections to local, county, or private facilities holding noncitizens for immigration reasons, while excluding federal detention centers.
This amendment requires the Attorney General to create a sample policy for certain organizations by September 1, 2026.
This amendment adds a rule that state workers who intentionally break the new privacy laws can be stopped by court order and fined up to $50,000 for each violation.
This amendment requires that copies of court records shared with federal immigration authorities must have private information removed, unless a judge orders otherwise.
This amendment changes the text on page 13 of the bill to add a new section about setting fees for inspections and examinations.
This amendment gives the Colorado Attorney General new legal authority to enforce specific state laws and requires police training standards regarding interactions with immigrants.
This amendment requires the Colorado Attorney General to create a public policy by September 1, 2026, that sets strict rules for when personal information can be shared with federal immigration authorities.
This amendment would remove several specific pages and lines from the bill that deal with court e-filing rules for immigrants.
This amendment changes who must report on the bill and when they have to do it by removing local governments from the list of reporters and moving the deadline to a specific hearing.
This amendment changes the time limit for a specific rule in the bill from three months to one year.
This amendment would require a waiting period of at least sixty days after notifying someone about a mistake before taking action against them.
This amendment would set a maximum price that the state department can charge for certain inspections and exams starting in fiscal year 2026.
This amendment changes the bill to only apply payment rules to facilities that start housing or detaining noncitizens for civil immigration proceedings on or after July 1, 2026.
This amendment changes the date when a rule about protecting immigrant information in Colorado court records will end.
This amendment removes the rule that requires users of Colorado courts' online filing system to promise they will not share personal information for federal immigration purposes.
This amendment removes specific text from the bill that would have changed how Colorado courts handle personal information for federal immigration purposes.