Amendment 81 would increase cooperation between police and federal immigration agents

Colorado is often referred to as a sanctuary state because of laws limiting state and local law enforcement agencies from cooperating with U.S. Immigration and Customs Enforcement, or ICE.

Amendment 81 would change that in certain circumstances.

Right now, law enforcement agencies are barred from sharing personally identifying information with ICE without a court order.

Amendment 81 would require those agencies to notify ICE if an individual in their custody is charged with a "crime of violence" or has a "prior felony conviction" and is in the country illegally, or if officers can't determine the person's legal status after making a "reasonable effort."

Law enforcement would have 72 hours after charges are filed to make the notification.

Opponents say it could lead to racial profiling, noting that the measure does not define what qualifies as a "reasonable effort" to determine legal status.

They say it may deter people of color from reporting crimes or cooperating with police. They also say it could lead to innocent people being deported because police would be required to notify ICE after a person is charged, not convicted, of a crime.

They say ICE's power in Colorado should be limited, not expanded.

Supporters say racial profiling is already prohibited and that legal status is determined using standard identification and verification procedures, not subjective characteristics such as the color of someone's skin.

They say the measure does not expand the ability of federal, state, or local law enforcement to arrest people for immigration violations. It only targets people who are charged with a violent crime or have already been convicted of a felony.

Supporters also say Coloradans on both sides of the political aisle have said they support deporting violent criminals.