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CO SB005
Bill
Status
1/14/2026
Primary Sponsor
Julie Gonzales
Click for details
AI Summary
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Creates a state court civil cause of action allowing individuals injured during civil immigration enforcement to sue any person who violates their U.S. constitutional rights, whether or not that person was acting under color of law
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Violators are liable for legal relief, equitable relief, or any other appropriate relief; prevailing plaintiffs are entitled to reasonable attorney fees and costs
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Eliminates immunity defenses to the maximum extent permissible under the U.S. Constitution, including sovereign immunity, qualified immunity, supremacy clause immunity, official immunity, and statutory immunity under the Colorado Governmental Immunity Act
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Defines "civil immigration enforcement" as actions to investigate, question, detain, transfer, or arrest persons to enforce federal civil immigration law, but excludes actions by peace officers acting within the scope of their duties consistent with state law
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Establishes a 2-year statute of limitations from when the cause of action accrues
Legislative Description
Rights Violation in Immigration Enforcement Remedy
Courts & Judicial
Last Action
Senate Third Reading Passed - No Amendments
2/24/2026