Law / United States / 
Colorado
Colorado schools, public colleges and other public-facing institutions: limits on collecting immigration and citizenship information and policies for federal immigration enforcement requests
C.R.S. sections 24-74.1-101 to 24-74.1-103 (as added by SB 25-276)
In force since .
A sensitive categories rule binding public and private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Prohibition, Governance
What it requires
- If you are a public school, local education provider, public institution of higher education, public child care center, public health-care facility or publicly supported library, or an employee of one, do not collect a person's place of birth, immigration or citizenship status, or information from passports, permanent resident cards, alien registration cards or employment authorization documents, unless federal or state law requires it, it is necessary to perform duties, or it is needed to verify eligibility for a government-funded program where verification is a necessary condition of funding or participation (C.R.S. 24-74.1-102(1)).
- Releasing a record is not a violation of the section when it is made under a subpoena, order or warrant issued by a federal judge or magistrate, or with the valid consent of the student, patient or patron or of a child's, student's, patient's or patron's parent or guardian (C.R.S. 24-74.1-102(2)).
- Adopt and implement by a policy for employees and a policy for students, parents, guardians, relatives and the public that covers the procedures the section lists for releasing personal identifying information, granting access to non-public parts of the facility, designating a responsible employee and documenting a federal immigration enforcement request, and make the policies available through your usual means (C.R.S. 24-74.1-102(3)).
- A private institution of higher education is covered only if it receives college opportunity funding for an eligible undergraduate student (C.R.S. 24-74.1-101(6)).
These lines are LexLint's reading of the law's text.
What this law does
Beginning , a public child care center, public school, local education provider, public institution of higher education, public health-care facility, or publicly supported library, or an employee of one, may not collect a person's place of birth, immigration or citizenship status, or information from passports, permanent resident cards, alien registration cards, or employment authorization documents, except as required by federal or state law, as necessary to perform duties, or to verify eligibility for a government-funded program.
A public institution of higher education for the article means a state institution of higher education, a local district college, an area technical college, or a private institution of higher education that receives college opportunity funding for an eligible undergraduate student.
Each covered institution must adopt and implement a policy for employees and a policy for children, students, patients, patrons, parents, guardians, relatives, and the general public, or amend an existing policy, that aligns with the requirements of article 74.1 for information and access. The deadline for adopting those policies is .
A covered institution found to have intentionally violated the limits is subject to an injunction and a civil penalty of not more than $50,000 for each violation. Senate Bill 25-276 took effect on .
When LexLint raises it
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