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Committee advances bill creating state remedy for constitutional violations in civil immigration enforcement

Colorado House Judiciary Committee · April 22, 2026
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Summary

Senate Bill 5 would allow state‑court lawsuits when constitutional rights are violated during civil immigration enforcement. Sponsors framed the measure as a targeted remedy to restore accountability; dozens of community leaders, legal organizations and county officials testified in favor and the committee voted 7–4 to send the bill to appropriations.

Senate Bill 5 would create a state‑law cause of action enabling people to seek equitable and legal relief in Colorado courts when their federal constitutional rights are violated during civil immigration enforcement. Sponsors told the committee the measure is narrowly tailored to unconstitutional conduct and was drafted with constitutional litigation risk in mind. Supporters — including county commissioners, immigrant‑rights groups, bar associations and victims' advocates — described alleged local incidents of warrantless entries, excessive force and family separations and urged lawmakers to provide state‑level remedies and discovery tools. Opponents and a small number of public commenters raised policy and enforcement concerns, but the committee voted 7–4 to send SB 5 to the Appropriations Committee with a favorable recommendation.