Amendment 81

BALLOT LANGUAGE

Shall there be an amendment to the Colorado Constitution requiring law enforcement to notify the department of homeland security when a person is charged with either a violent crime or any crime if the person has a prior felony conviction if law enforcement cannot determine that the person is lawfully present in the United States?

WHAT IT MEANS

Yes

A “Yes” vote means that you desire to amend the Colorado Constitution to require law enforcement to notify the Department of Homeland Security upon arresting a person who is unlawfully in the United States if they have been arrested for a violent crime or have been convicted of a prior felony. 

No

A “No” vote means that you desire to keep current Colorado Statute which does not require law enforcement to participate in immigration enforcement.

ARGUMENTS FOR AND AGAINST

Yes

“Democrat leaders across the nation have repeatedly called for this standard, agreeing that violent and repeat criminals should not be allowed to remain in the state or country. Initiative 95 would put their calls to action into law, reversing Colorado’s current out-of-touch standard that allows a $50,000 fine for law enforcement officers who proactively communicate with federal authorities, with no exception for reporting a dangerous offender.” - Michael Fields, President, Advance Colorado

"The proposal would let state and local law enforcement resume collaboration with federal immigration authorities after a succession of laws enacted by Colorado’s sanctuary-minded legislature over the past several years had tied tied the hands of the state’s law officers. 

Proposition 81 would lower those hurdles and reinstate the common-sense practice of working with federal authorities when apprehending criminal suspects who fall within the feds’ purview.  

At present, illegal immigrants who commit crimes in Colorado either take up local jail space as they await proceeding — or add to the danger on our streets when released on recognizance bonds. Too often, they never show up again for subsequent court dates after they are released. 

The feds need to be in on the action, notably to take custody when those suspects are released. That way, they can move into federal custody to face deportation." - The Gazette Editorial Board

No

"Under Amendment 81, state and local law enforcement are required to notify Immigration and Customs Enforcement (ICE) when they charge Coloradans with certain crimes and before a court has decided if that person is guilty or not.  

Amendment 81 will permanently amend the Colorado Constitution and override current state laws limiting ICE authority in Colorado.  

We should limit ICE’s power in Colorado, not expand it.

Don’t open the door for all Coloradans, including citizens, to be targeted by ICE based on how they look or talk.

Coloradans deserve due process even if they don’t have their documents on them.

Coloradans have a right to innocence until proven guilty.” - Colorado Communities First  

"Amendment 81 is a constitutional amendment that would permanently change the Colorado Constitution to require state and local law enforcement to notify ICE when they charge someone with certain crimes before a court has decided if that person is even guilty. 

It denies due process. An accusation, not a conviction, is enough to upend a person's and their family's life, if they cannot immediately prove their citizenship status. Colorado has laws that protect our communities from ICE overreach. Amendment 81 would expand ICE's power in Colorado, requiring local law enforcement to act as an arm of Trump's deportation machine.” - Hands Off Colorado

ENDORSEMENTS

Yes

Independence Institute (Conservative)

Advance Colorado (Conservative)

Brighter Colorado (Other)

Eagle County Republican Women Club (Conservative)

No

Steve Fenberg (Liberal)

Judy Amabile (Liberal)

Karen McCormick (Liberal)

Boulder Progressives (Liberal)

ACLU of Colorado (Liberal)

FINANCIAL BACKING

The following information provides insight into the money being spent to pass or defeat the ballot measure.

Yes

This question is on the ballot in Colorado as an initiated constitutional amendment on November 3, 2026. As of September 18, 2026, the committees formed to support Colorado Amendment 81, Notification of U.S. Department of Homeland Security for Certain Criminal Charges and Immigration Status Initiative (2026) are:

BRIGHTER COLORADO

Selected contributions to: "Brighter Colorado" include:

  • Common Sense America
  • Advance Colorado
  • Richard McCormick

Selected contributions to: "Eagle County Republican Women Club" include: 

As of September 18, 2026, there are no contributions to report.

No

This question is on the ballot in Colorado as an initiated constitutional amendment on November 3, 2026. As of September 18, 2026, the committees formed to oppose Colorado Amendment 81, Notification of U.S. Department of Homeland Security for Certain Criminal Charges and Immigration Status Initiative (2026) are:

COLORADO COMMUNITIES FIRST

Selected contributions to: "Colorado Communities First" include: 

  • Colorado Immigrant Rights Coalition
  • American Civil Liberties Union of Colorado
  • CWA LOCAL 7777

THE PEOPLE’S NO

Selected contributions to: "The People’s No" include: 

As of September 18, 2026, there are no contributions to report.

Selected contributions to: "Vote Common Sense" include: 

  • Colorado Immigration Rights Coalition Action Fund 
  • Coloradans For Real Safety Solutions
  • Cobalt Foundation
  • AFSCME 
  • Colorado Fund for Children & Public Education
  • Conservation Colorado

OTHER INFORMATION

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