Colorado State Immigration Laws

The dynamic between federal and state immigration law often causes confusion. Keep reading for an easy-to-understand and comprehensive overview of immigration laws in Colorado.

Find information on:

• Law enforcement and immigration in Colorado
• Employment checks
• Colorado E-Verify requirements
• Driver’s license or ID requirements
• Public benefits restrictions
• Education restrictions
• Voter ID rules
• Hiring an immigration lawyer

Immigration enforcement and eligibility rules can be complex. Those facing immigration issues in Colorado may benefit from speaking with an immigration attorney to understand available protections and services.

Law Enforcement and Immigration in Colorado

Federal immigration authorities typically deal with immigration law enforcement matters. The Department of Homeland Security (DHS) and its branches oversee immigration matters. The U.S. Citizenship and Immigration Services (USCIS) is a component of the DHS. This agency administers naturalization and immigration services nationwide.

But state agencies will often coordinate with the federal government on immigration issues. For example, the Colorado Department of Human Services (CDHS) oversees programs relevant to immigrants and refugees. The Colorado Department of Labor and Employment (CDLE) handles workforce issues. Immigrants with questions about labor and professional licenses may seek help from this department.

Many local law enforcement officials are also starting to help with immigration cases. For example, look at the “Secure Communities” policy enacted in 2017 through Executive Order.

Under Secure Communities, local police would fingerprint the people they arrested. Those fingerprints went into a database that DHS and the Federal Bureau of Investigation (FBI) shared. DHS used this shared information to verify the immigration status of the person arrested. If the system flagged a person as an undocumented immigrant, Immigration and Customs Enforcement (ICE) could take action.

The Biden administration revoked the Secure Communities Order in January 2021. A similar data-sharing arrangement still exists. But a person’s identity generally only enters the database once they have been convicted of a crime.

Employment Checks

Under federal law, employers must verify prospective employees’ authorization to work. For more information, refer to the federal employment eligibility verification rules and the requirements for Form I-9.

Colorado E-Verify Requirements

Under the revised Colorado statute, all employees working for public contract services must use E-Verify. This rule checks employees’ eligibility to work as a public contractor for services. State agencies are also prohibited from contracting with or hiring contractors who intentionally hire people living in the U.S. illegally.

Before working with a public contract, contractors must certify that they do not hire immigrants here illegally to perform public contract services. Furthermore, the contractor must participate in the Colorado government’s E-Verify program. This confirms the employees’ work eligibility to perform public contract services.

Driver’s License and ID Requirements

To receive a Colorado driver’s license or state ID, an applicant must establish proof of the following:

• Name and identity
• Age
• Lawful presence in the United States

The Colorado Department of Revenue provides a list of documents people can use to meet these requirements.

Public Benefits Restrictions

Federal law bans those living here illegally from getting public benefits. But they can use emergency services, health care, and other programs identified as “necessary to protect life and safety.”

Education Restrictions

Previously, Colorado law prohibited immigrants living here illegally from getting in-state tuition rates. But lawmakers repealed this rule in 2013 with the passage of the Advancing Students for a Stronger Economy Tomorrow Bill (ASSET).

Since the passage of ASSET, the education restrictions changed. Now, even students with unlawful immigration status can get in-state tuition. To qualify, students must meet specific requirements. These requirements are discussed in detail in the Senate Bill 13-033.

ASSET was a significant step for immigrants in attaining higher education. This particularly applies to Deferred Action for Childhood Arrivals (DACA) recipients and students without documentation. DACA protects eligible young adults from deportation after their parents brought them to the United States as children. It also gives these young adults work authorization for limited periods. Those periods of work authorization are renewable.

Voter ID Rules

Colorado law requires identification at the polling booth. But the voter ID rules in Colorado are less restrictive than those in other states. In Colorado, voters may use non-photo IDs to establish their identity. Some examples of acceptable non-photo IDs include the following:

• Copy of a paycheck
• Recent utility bill
• Bank statement

If unable to provide acceptable identification, the voter can cast a provisional ballot. Then, they can verify their identity later with the proper authorities. Recent legislative efforts to force Colorado voters to provide photo IDs have fallen short. But voters may want to check their election paperwork or contact election officials to verify the ID law.

Need Immigration Help in Colorado? An Attorney Can Help

Immigration law in itself is already challenging to understand. The pressure to understand this law escalates when you or your family members are dealing with immigration issues. This includes navigating the naturalization process or preventing deportation and removal.

But you are not alone. Immigration attorneys are available and can offer legal services and legal representation. They can help protect your rights in immigration court and advise on how to navigate applications, deadlines, and the rules that affect you.

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in Colorado. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.

Free Legal Help May Be Available for Some Immigration Issues

The Colorado Immigrant Rights Coalition and other nonprofit organizations also have hotlines immigrants can call for guidance. They offer advocacy and support services for immigrants, regardless of their immigration status. For Spanish speakers, some organizations have people who speak Spanish. This ensures everyone gets the help they need.

FindLaw has also compiled lists of legal aid and pro bono organizations in Denver and Colorado Springs.