SB 25-047
Fiscal Note
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
SB 25-047: ENFORCEMENT OF FEDERAL IMMIGRATION LAW
Prime Sponsors:
Sen. Baisley
Rep. Brooks; Richardson
Published for: Senate State Affairs
Drafting number: LLS 25-0339
Fiscal Analyst:
Brendan Fung, 303-866-4781
brendan.fung@coleg.gov
Version: Initial Fiscal Note
Date: January 21, 2025
Fiscal note status: This fiscal note reflects the introduced bill.
Summary Information
Overview. The bill prohibits local governments from enacting policies that limit cooperation with federal
immigration enforcement and repeals several provisions limiting state compliance.
Types of impacts. The bill is projected to affect the following areas on an ongoing basis:
Minimal State Workload
State Revenue
Local Government
Appropriations. No appropriation is required.
Table 1
State Fiscal Impacts
Type of Impact
Budget Year
FY 2025-26
Out Year
FY 2026-27
State Revenue $0 $0
State Expenditures $0 $0
Transferred Funds $0 $0
Change in TABOR Refunds $0 $0
Change in State FTE 0.0 FTE 0.0 FTE
Page 2
January 21, 2025 SB 25-047
Summary of Legislation
The bill prohibits local governments from enacting any policy that limits cooperation with
federal immigration enforcement in the state and allows local law enforcement with probable
cause to report individuals who are presumed unlawfully present in the U.S. to Immigration and
Customs Enforcement (ICE). Additionally, Colorado’s Attorney General and state and local
agencies may pursue federal entitlements for the reimbursement of money spent to enforce
federal immigration laws.
The bill also repeals restrictions on state and local cooperation with federal immigration
authorities including removing the prohibitions on:
state and local law enforcement officials from arresting or detaining an individual based on a
federal Immigration and Customs Enforcement (ICE) detainer request;
employees of the Colorado Judicial Department’s Division of Probation Services from sharing
probationers’ personal information with federal immigration authorities;
state and local governments from entering into or renewing contracts with the federal
government or private entities regarding immigration detention facilities; and
the civil arrest of a person who is present at a courthouse or while going to, attending, or
coming from a court proceeding.
State Revenue
The bill impacts revenue in two ways. First, starting in FY 2025-26, the bill may decrease revenue
to the Judicial Department from court fees and fines if fewer civil cases are filed with courts
because individuals want to avoid courthouse arrests. In addition, revenue may increase to the
extent the state receives additional federal funds for reimbursement. Overall, it is assumed that
impacts to revenue will be minimal. Revenue from filing fees is subject to TABOR. Revenue from
federal reimbursement is not subject to TABOR.
State Expenditures
The bill minimally impacts workload in the Judicial Department, the Office of the Public
Defender, and other state agencies beginning in FY 2025-26, as described below.
Judicial Department
The trial courts in the Judicial Department may experience a decrease in workload if the bill
decreases court attendance and increases dismissal rates for cases. Workload for probation
services may also decrease from fewer adults on probation in the state system. This workload
may be offset to the extent the bill increases warrants issued and additional hearings to address
failures to appear. The fiscal note assumes that any workload impact will be minimal and change
in appropriations are required. Page 3
January 21, 2025 SB 25-047
Office of the Public Defender
Workload in the Office of the Public Defender may increase if there is additional travel required
to meet clients at immigration detention facilities. This workload is expected to be minimal and
no change in appropriations is required.
Other State Agencies
Workload in other state agencies, including the Department of Law and the Department of
Corrections, may increase to update rules, comply with federal immigration enforcement
agencies, and seek federal entitlements for reimbursement. Overall, this workload is expected to
be minimal and no change in appropriations is required.
Local Government
Starting in FY 2025-26, the bill impacts local governments in a number of ways. First, workload
for local government agencies may increase to develop protocols for coordinating with federal
immigration authorities related and report individuals who are presumed unlawfully present in
the U.S. to ICE. In addition, if a jail chooses to recognize a detainer, costs to the jail will increase
to hold the individual longer. Finally, to the extent a local jurisdiction receives reimbursement
from the federal government, revenue will increase. Impacts will vary depending on local
practices and level of participation in federal immigration activities.
Effective Date
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming
no referendum petition is filed.
State and Local Government Contacts
Corrections
Counties
District Attorneys
Judicial
Law
Local Affairs
Public Defender
Public Safety
Sheriffs
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit the General Assembly website.