Persons Who Illegally Reentered The United States

Under current law, a law enforcement officer is prohibited from arresting or detaining a person due to a civil immigration detainer. The bill makes an exception to the prohibition if the person was ordered deported or removed from the United States, or has been convicted of specified federal crimes related to improper entry or reentry into the United States, or has been convicted of a felony in Colorado (illegal alien). The bill also requires law enforcement to notify the federal immigration and customs enforcement (ICE) of the date and time of the illegal alien's release from custody and to detain an illegal alien for not more than 48 hours after the date and time of release.

Notwithstanding governmental immunity, the bill also creates a civil remedy against a law enforcement officer's employing agency if a law enforcement officer does not notify ICE or detain the illegal alien as required and the illegal alien then commits a crime. The victim of the crime is entitled to compensatory damages up to specified limits if the damages are proximately caused by the crime.

(Note: This summary applies to this bill as introduced.)