This story was first published at Colorado Newsline.
DENVER | For the second year, the Democratic-controlled Colorado Legislature played defense against actions coming down from the federal government and the Trump administration.
“The world around us shaped, at times, what our agenda might have looked like,” House Speaker Julie McCluskie, a Dillon Democrat, told reporters Thursday morning, a day after the Legislature adjourned for the year. “There were immigration crackdowns, children being detained, rising political violence, chaos in Washington, and much of that led us to step up and assert our authorities as a state.”
She, and other Democratic leaders, referenced the “federal attacks” and “federal overreach” that ran parallel to the lawmaking term.
The influence of federal government shifts was widely discussed as lawmakers worked through the budget bills in April, faced with a billion-dollar deficit that Democrats blamed partially on lost tax revenue due to H.R.1, the sweeping spending package Congress passed last summer that Trump dubbed the “One Big Beautiful Bill.” Colorado’s tax code mimics the federal one, so cuts higher up ripple down to affect the state’s revenue.
“It’s no secret that this year was a really tough budget year,” Senate President James Coleman, a Denver Democrat, said. “We faced a $1.2 billion budget deficit for the second year in a row, compounded by cuts at the federal level that hit Colorado especially hard.”
Republicans rejected that characterization throughout the session and again Thursday. Colorado’s budget problems are due to spending and prioritization issues, they argue. House Republicans touted their focus on Colorado instead of Washington, D.C.
“We are in an election year, and I think the most glaring example of … national politics being played at the state level is (looking) at how many immigration bills came through here,” said House Minority Leader Jarvis Caldwell. “It was a lot of political posturing for people who were running for higher office, frankly.”
Gov. Jared Polis has about a month to sign bills into law or veto them. Here are some of the bills Democrats passed related to federal action:
Lawsuits over immigration action
Senate Bill 26-5 would allow people to sue federal immigration authorities in state court over alleged constitutional violations. It passed both chambers on party-line votes and is awaiting a signature from Polis.
It was largely in response to ongoing, highly-visible immigration enforcement actions in Colorado and across the country, including the two fatal shootings of U.S. citizens in Minneapolis. In Colorado, a U.S. Customs and Border Protection agent was charged with assault and criminal mischief after he seized a protestor’s phone and threw her onto the ground during a demonstration in Durango. Immigrant-rights activist Jeanette Vizguerra alleged in court filings last year that she was targeted for arrest by immigration officials in retaliation for her protected First Amendment activity.
Immigration advocates also express concerns over warrantless arrests and officers using excessive force during arrests, such as smashing car windows and dragging people out of vehicles.
“Ultimately, what this bill is about is that government officials are subject to the law. Where we have rights, we have to also have remedies,” bill sponsor Rep. Yara Zokaie, a Fort Collins Democrat, said during floor debate on the bill. “We have immigration enforcement that is acting with cruelty and targeting individuals based on their race, the color of the skin, whether they have an accent.”
A separate bill that would have expanded the provisions in SB-5 to apply to all federal officials, not just those in immigration proceedings, did not make it through its first committee hearing. Opponents warn that SB-5 will not hold up against an expected legal challenge, but bill sponsors say it was written to survive a court battle over its constitutionality.
Realigning vaccine recommendations
Polis signed Senate Bill 26-32 into law at the end of March. This bill lets the state’s Board of Health rely on recommendations from organizations including the American Academy of Pediatrics and the American Academy of Family Physicians for vaccine scheduling guidance. It also lets the state’s Department of Health Care Policy buy certain vaccines if federal funding goes away based on professional guidance from those organizations.
The measure comes after the federal Centers for Disease Control and Prevention recategorized seven vaccine recommendations for children, from COVID-19 to hepatitis A.
The law also allows pharmacists to prescribe and administer vaccines.
Health inspections at the Aurora ICE facility
House Bill 26-1276, if signed into law, will allow the state to make unannounced inspections of immigration detention facilities — like the privately-run Immigration and Customs Enforcement center in Aurora — at least four times per year. Those health and safety inspections will review food and water standards, confinement conditions and the overall care given to people who are detained.
The Aurora detention center has a capacity of about 1,500 people. U.S. Rep. Jason Crow regularly made unannounced visits to inspect the site but was denied access last summer because of a new federal policy requiring notice. Crow and other lawmakers sued, and he was able to make an unannounced visit in February.
A coalition of immigrant advocacy organizations released a report this year with details of inadequate food and poor access to medical services inside the facility.
The bill would require training for Colorado law enforcement on the state’s immigration laws, such as the law that prevents local cooperation with federal immigration efforts.
The bill was amended in the Senate to remove a section related to notification requirements for federal subpoenas. That provision would have required the state to publish redacted, unsealed subpoenas from the U.S. Department of Homeland Security and notify the person whose information was being sought.
Response to SCOTUS decision on conversion therapy
If signed by the governor, House Bill 26-1322 will let people who underwent so-called “conversion therapy” sue the mental health provider and their practice. Conversion therapy purports to change an individual’s sexual orientation or gender identity. The U.S. Supreme Court overturned Colorado’s conversion therapy ban in March.
The bill does not place a statute of limitations on the claims. Experts say that conversion therapy is generally not successful and can lead to depression, shame and anxiety. The American Psychological Association says it is not an evidence-based practice.
“This bill recognizes that real harm can be inflicted in the name of therapy, and that this harm might not be fully understood for many years,” Sen. Lisa Cutter, a Littleton Democrat, said in a statement when the bill passed the Senate.
Extending the timeline for mail-in ballots
House Bill 26-1113 makes a handful of changes to Colorado’s elections — there’s typically an election cleanup bill every year — including lengthening the time voters have with their mail-in ballots. It would let county clerks send out ballots up to 29 days before Election Day, a reaction to worries that the Trump administration could delay postal delivery of ballots. Polis has not signed the bill.
Colorado is a universal mail-in ballot state, and the vast majority of residents choose to vote by mail. In March, Trump issued an executive order targeting mail-in voting, requiring the U.S. Postal Service to send ballots only to verified mail-in and absentee voters. State leaders pushed back, claiming that the federal government does not have a role in dictating how states run elections. Attorney General Phil Weiser is part of a multi-state lawsuit against the order.
“This bill was in process long before President Trump’s illegal executive order threatening mail-in voting — but recent events make it all the more urgent,” bill sponsor Sen. Katie Wallace said in a statement after its passage. “Colorado’s elections are safe, secure, and accurate, and we have some of the highest voter participation in the nation.