New era for Colorado

Owens puts pen to tough immigration bills aimed at identifying legal citizens

Myung Oak Kim, Rocky Mountain News

Published August 1, 2006 at midnight

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Colorado today enters a new era of tough immigration enforcement as government agencies require applicants for benefits to undergo what some observers call the strictest identification verification procedure in the country.

In what he said would be his last legislative act as governor, Gov. Bill Owens on Monday signed the landmark HB 1023, which seeks to stop illegal immigrants from receiving government services.

He also signed nine other immigration laws that legislators passed during a special session he convened in early July. Two bills were sent directly to the November ballot.

State lawmakers passed seven other immigration laws during the regular session.

"In a remarkably short period of time, Colorado has moved into the forefront of immigration reform," Owens said during a press conference at the state Capitol.

National experts on both sides of the issue agree with Owens' assessment. But they disagree on whether the laws will help or hurt the state.

Colorado has followed an "excellent strategy" by targeting employers and requiring ID checks for people seeking government benefits, said Ira Mehlman, spokesman for the Federation for American Immigration Reform, which supports reduced immigration and strict federal enforcement, including a fence on the U.S.-Mexico border.

"Colorado is probably out ahead of the rest of the country in the sense that they have decided that just because the federal government isn't doing its job doesn't mean that the state and local government can't address a serious problem," Mehlman said.

National immigrant advocates also have been closely monitoring Colorado.

"It hasn't gone unnoticed that your state is taking a pretty tough line," said Angela Kelley, deputy director of the National Immigration Forum, which supports giving illegal immigrants a path toward citizenship.

Federal law has focused on immigration enforcement for the past 10 to 15 years. At the same time, illegal immigration has hit the highest levels in many years, Kelley said.

That approach "speaks to failed policies and failed strategies," Kelley said. "It's disappointing that Colorado is going in that direction."

Local immigrant advocates warn that Colorado's new laws will create a hostile environment for immigrants and will bring hardship to citizens and legal immigrants eligible for government services.

"Someday, this governor's signing of this bill . . . will also be viewed by historians for what it really is . . . reprehensible," said Donna Lipinski, an immigration lawyer from Golden.

Owens stressed that he wants the laws to be humane and that Colorado is still a welcoming state to immigrants.

House Speaker Andrew Romanoff, who sponsored HB 1023, said the new laws show that Republicans and Democrats can work together and pass strong legislation and that "the folks in Washington should take a hint from that approach."

"Especially because the alternative, a patchwork of 50 state-level solutions is ultimately unworkable," he said.

Romanoff stressed that the federal government must act to create "genuine long-term solutions."

Owens praised state lawmakers for passing a package of bills. But he said he was disappointed that the Democrat-led legislature did not approve some measures he supported and did not send to the November ballot an initiative that sought to deny services to illegal immigrants.

Among other things, the bills signed into law Monday force employers to verify the immigration status of workers, make it a felony to vote if a person is not a citizen, and require health officials to treat all people, regardless of immigration status, in the event of an epidemic or communicable disease outbreak.

The centerpiece bill, HB 1023, requires applicants for government benefits, licenses, contracts and loans to demonstrate that they're in the country legally.

It impacts a wide range of government agencies and is expected to cause some chaos as residents learn about the new requirements.

The law says applicants for benefits like welfare and unemployment must present one of four required IDs (mainly a Colorado driver's license or Colorado-issued ID). They must sign an affidavit attesting to their legal immigration status and then the agency worker must check the applicant's status through an online system.

The Department of Revenue issued emergency rules Monday that allow people without the required documents to obtain services until March 2007.

M. Michael Cooke, executive director of the Department of Revenue, expects thousands of people to apply for the waivers.

Immigration bills passed in 2006

Lawmakers approved 12 immigration measures during the five-day special session of the legislature, which ended July 10. Ten are new laws, and two proposals will appear on the November ballot. Lawmakers passed seven immigration bills during the regular session that ended May 8. Here's a look at the legislation:

Special session bills

• HB 1001 - Employers must prove they don't have any illegal immigrant workers to qualify for state economic development grants, loans and incentives. Effective on or after Oct. 1.

• HB 1002 - State health officials will treat all persons, regardless of immigration status, in the event of an epidemic or communicable disease outbreak. Effective immediately.

• HB 1009 - Denies state business and professional licenses to illegal immigrants. Effective Jan. 1.

• HB 1014 - Requires the Colorado attorney general to seek reimbursement from the federal government for all illegal immigration costs incurred by the state. Effective immediately.

• HB 1015 - Requires a person who pays someone for services and reports that payment on IRS form 1099-MISC to withhold state income taxes at the rate of 4.63 percent if a worker fails to provide a correct taxpayer ID number or provides an IRS-issued taxpayer ID number issued for nonresident immigrants. Main section effective Jan. 1, 2008, at the earliest.

• HB 1017 - Requires employers to attest that employees are legally in the country and that the employer has not altered or falsified the employee's ID documents. Employers must comply on or after Jan. 1.

• HB 1023 - Requires each state agency or political subdivision to verify that anyone 18 or over who applies for public benefits is in the country legally. Effective today.

• SB 4 - Makes it a felony to extort services from illegal immigrants through threats based on their immigration status. Effective immediately.

• SB 5 - Makes it a felony to coerce involuntary servitude by withholding or destroying immigration documents or making threats based on a person's immigration status. Effective immediately.

• SB 7 - Makes it a felony to vote in an election if the person is not entitled to do so. Effective immediately.

Ballot measures

to be asked of voters in November

• HB 1020 - Should employers who cannot verify an employee is a legal U.S. resident be prohibited from claiming that employee's wages as a deductible business expense? It would apply to employees hired on or after Jan. 1, 2008, and who were paid $600 or more in one year.

• HB 1022 - Should the state attorney general sue or join with other states in suing the federal government to demand the enforcement of federal immigration laws?

Regular session bills

• SB 90 - Requires law enforcement officials to report suspected illegal immigrants when they are arrested, except in cases of domestic violence and minor traffic violations, to federal immigration officials. Prohibits state and local governments from enacting policies that stop cooperation with immigration officials. Took effect May 1.

• HB 1343 - Requires state contractors to use a federal database to check the immigration status of new hires. Denies state contracts to businesses that knowingly hire illegal immigrants. Effective on or about Aug. 7.

• HB 1306 - Requires an audit of a 2003 law that limits the use of identification issued by foreign governments. Takes effect on or about Aug. 7.

• SB110 - Creates a $50,000 civil fine for making counterfeit identification documents. Took effect May 30.

• SB 207 - Makes human trafficking, selling adults into indentured servitude or prostitution a state felony. Took effect May 30.

• SB206 - Makes human smuggling, paying someone to sneak an illegal immigrant into the country, a state felony. Took effect May 30.

• SB 225 - Creates a new unit of state troopers (12 in the first year and 24 the next year) that is specially trained to investigate human smuggling. Took effect June 6.

Kimm@RockyMountainNews.com or 303-892-2361

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