This commentary is by Boulder County Sheriff Curtis Johnson and District Attorney Michael Dougherty.
A conservative political group funded by dark money brought Amendment 81 forward. If this ballot measure passes, it will require police and prosecutors to notify ICE within 72 hours of charging someone with certain crimes. The notification is triggered by an arrest, not a conviction. This measure undermines the constitutional right to due process and the presumption of innocence. For these reasons, we urge a “no” vote on Amendment 81.
The ballot measure will not even require law enforcement to be certain about a person’s immigration status before requiring a notification to ICE. Amendment 81 will require law enforcement to notify ICE if a person’s immigration status cannot be determined after a reasonable effort. This raises important practical questions about how and where law enforcement is detaining this person, for what specific reason, and under what legal authority while trying to determine someone’s immigration status.
The ballot measure will cause law enforcement to evaluate people based on the language they speak and their physical appearance. We have seen the failures and insidious damage caused by racial profiling; this ballot measure will prompt law enforcement to actively consider immigration status based on appearance alone — and to act on that person’s appearance.
Amendment 81 will override state law, which currently prohibits the police and prosecutors from participating in civil immigration enforcement and from sharing information with federal immigration authorities — because local law enforcement should be focused on public safety and doing justice, not acting as an arm of the federal government. Rather, Amendment 81 will interfere with our primary focus on the enforcement of state and local laws while imposing unfunded and unwanted administrative burdens on law enforcement.
Immigrants are part of our country’s history, present and future. But for years, Democrats and Republicans in Congress and the White House have failed to bring about comprehensive immigration reform. Now, the pendulum has swung way too far — with masked immigration agents grabbing people off our streets, people being shot, private prisons being built, and people being deported to foreign countries with which they have no prior connection. For us, this issue is not political. The current approach to immigration is having a deep and profound impact on public safety and the justice system. Amendment 81 will only make it worse. That’s why we are opposed to Amendment 81.
ICE has become the most heavily funded federal law enforcement agency. At a time of severe budget cuts, high gas prices, and an affordability crisis for Colorado families, ICE has received over $75 billion, in part, to detain people in private prisons. Private prisons should be banned, not built. Private prison corporations have every incentive to put profits in their pockets and not into the care of people in their custody, which is why they have troubling histories.
Let us be clear — our country must have secure borders and a sensible immigration policy, and convicted criminals should be subject to deportation with due process. But the current approach to immigration is making our streets and neighborhoods less safe.
That’s because public safety means protecting victims, holding those who commit crimes accountable, and ensuring everyone — regardless of who they are or where they were born — can access the justice system.
When a person is assaulted by their abuser, they should be able to go to the hospital, report it to the police, and have justice done — regardless of their past or their legal status in this country. When someone is sexually assaulted, they should be able to receive treatment, talk to detectives, and testify at trial so the offender can be held fully accountable. When these victims are scared to come forward because they or their family members may be deported as a result of calling 911, offenders escape justice and remain at large. As a result, everyone’s public safety is jeopardized.
In Boulder County, law enforcement agencies and the District Attorney’s Office have worked hard to develop trust within immigrant communities. This ballot measure will weaken that trust, resulting in crimes going unreported and witnesses being scared to come forward. Victim participation enhances our pursuit of justice and protects public safety. Bottom line: public safety is eroded when communities live in fear and with distrust of law enforcement.
Our responsibility is to do justice, enhance public safety, and fight for victims — regardless of a victim’s past or citizenship status. District Attorney staff and law enforcement officers work incredibly hard to uphold the best interests of Boulder County and Colorado.
That’s why we strongly supported the expansion of immigrant protections under state law, to ensure that state and local resources are not used for federal immigration enforcement.
Amendment 81 would reverse that course, divert law enforcement resources, and jeopardize community safety. Our priority is public safety and justice for all. For that reason, we urge Boulder County to vote “no” on Amendment 81.
