John TytusColorado 2026 ballot

Amendment 81: Police must notify federal immigration authorities when a charged person's lawful presence isn't confirmed

Constitutional amendment, citizen initiative. Needs 55% to pass.

What it does

When someone is charged with a crime of violence, or charged with anything (including traffic and petty offenses) and has a prior felony conviction, state and local police, jails, and prosecutors would have to make a reasonable effort to determine whether the person is lawfully in the United States. If they can't confirm it, they must notify the Department of Homeland Security within 72 hours of the charge. This happens at charging, before any conviction. Current Colorado law lets local agencies cooperate on federal criminal matters but limits their role in civil immigration enforcement; no federal or state law requires this notification today, though El Paso County requires its officers to notify federal immigration authorities when they suspect someone in custody lacks legal status.

Blue Book arguments

For: Violent offenders and repeat felons who are here unlawfully should be reported for possible removal, targeting people who may threaten public safety rather than law-abiding residents; one statewide standard replaces varying local policies.

Against: It undermines due process by triggering immigration reporting on a charge rather than a conviction, and people who are legally present or later cleared could be swept in if they can't prove status within 72 hours; "reasonable effort" and "lawful presence" are undefined, inviting subjective enforcement, and the loss of trust may deter some people from reporting crimes.

What it costs

About $60,000 in state costs in 2026-27 (database access, computer updates) plus added workload in several departments. Among local agencies, most of the added workload falls on district attorney offices, and it varies by jurisdiction.

Who is paying

Money as of the Sept 21, 2026 filing.

For: A Brighter Colorado (backs all six Advance Colorado measures) and Eagle County Republican Women Club

Committee Raised Spent
A Brighter Colorado (all six Advance Colorado measures) $306,625 $35,489
Eagle County Republican Women Club $5,429 $0

Brighter Colorado's largest donors: $250,000 from Common Sense America (McLean VA, donors undisclosed), $25,000 Rado Capital (Englewood oil and gas investors), $20,000 Advance Colorado, which brought the measure; the other $11,625 came from 13 individuals. 82% out-of-state. Colorado Newsline reports that A Common Sense America spent about $460,000 in 2025 gathering signatures for the measure. Eagle County Republican Women Club, a county Republican women's club, is also registered in favor; its $5,429 was raised between Nov 2025 and March 2026 and none has been spent.

Against: $239,644 in Colorado Communities First; The People’s No ($100,000) and Vote Common Sense ($495,000) also oppose other measures

Committee Raised Spent
Colorado Communities First $239,644 $73,656
The People’s No (81, 132, 134, 135) $100,000 $0
Vote Common Sense (several measures) $495,000 $81,367

Colorado Communities First: Colorado Immigrant Rights Coalition, $158,954; ACLU of Colorado, $58,597; CWA Local 7777, $3,500. Nearly 100% in-state. The People's No: $100,000 from COLOR Action Fund, a Latina reproductive-rights group. The Colorado Immigrant Rights Coalition Action Fund also gave $50,000 to Vote Common Sense.

Where the parties stand

Democrats: the Colorado Democratic Party opposes Amendment 81 (its State Central Committee positions, announced Sept 8, 2026).

Republicans: no position from the Colorado Republican Party found as of Sept 30, 2026. The Weld County Republican Party, a county party, recommends a yes vote (its Resolution WCRCC-2026-09, adopted Sept 15, 2026).

No minor-party position found as of Sept 30, 2026.

What isn't known

Who funds Common Sense America. How much of Brighter Colorado's pool is aimed at 81.

Sources