Denver-area voters split on police cooperation with ICE

Colorado voters left the fate of a new police-ICE cooperation rule in suspense as Tuesday night's results came in. The measure, known as Amendment 81, would amend the state constitution to mandate that local law enforcement work more closely with federal immigration agents.

As of 11:57 p.m., the Secretary of State's website showed 44.8% of the votes cast in favor of the amendment. The remaining 55.2% voted against it. Because the proposal changes the state constitution, it requires at least 55% of the vote to pass. The margin is currently too close to declare a winner with certainty.

The amendment would require police officers, sheriff's deputies, and prosecutors to notify the U.S. Department of Homeland Security under specific conditions. Law enforcement would have 72 hours after formally charging a person to make this notification. The requirement applies if the person has a prior felony conviction or if the charge is for an alleged violent crime. Examples of qualifying violent crimes include murder, first-degree assault, kidnapping, and aggravated robbery.

The Department of Homeland Security houses federal immigration agencies, including U.S. Immigration and Customs Enforcement and Customs and Border Protection. The measure also requires officers to make a reasonable effort to determine the immigration status of anyone they formally charge. If the status cannot be confirmed, a notification to DHS is required if the charge is a violent crime or the person has a prior felony record.

This constitutional change would override recent laws passed by Colorado lawmakers that limited cooperation between local police and ICE. The initiative was filed by Advance Colorado, a conservative political nonprofit that does not disclose its donors. A Common Sense America, another conservative nonprofit, spent hundreds of thousands of dollars collecting signatures to place the measure on the ballot.

Brighter Colorado, an issue committee that backed the amendment, raised about $6.1 million. Most of that funding came from conservative political nonprofits that do not disclose their donors. On the other side, Colorado Communities First was the main group opposing Amendment 81. It raised about $560,000 during the election cycle, with major support from the Colorado Immigrant Rights Coalition, the ACLU of Colorado, and the Rose Community Foundation. Vote Common Sense, another opposing committee, raised about $1.1 million, with contributions from the Green Advocacy Project, Denver philanthropist Merle Chambers, and the Colorado Fund for Children and Public Education.

The results remain pending as the Secretary of State's office continues to tally votes from across the state.