Agenda Date: 10/20/2026
Subject:
Title
Resolution 74-2026: A Resolution of the Littleton City Council opposing Amendment 81, which would amend the Colorado Constitution to require Law Enforcement to notify federal immigration authorities when certain individuals are charged with crimes, and urges its citizens to vote No on Amendment 81
Body
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From: |
James L. Becklenberg, City Manager |
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Prepared by: |
Reid B. Betzing, City Attorney |
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Presentations: |
Reid B. Betzing, City Attorney |
PURPOSE:
Staff have prepared information for City Council regarding Amendment 81, a citizen-initiated amendment to the Colorado Constitution concerning law enforcement communication with federal immigration authorities, that is part of the November 2026 statewide election.
LONG-TERM OUTCOME(S) SERVED:
High-Quality Governance
DISCUSSION:
Amendment 81, if approved by voters in the November 2026 election, would amend the Colorado Constitution to require certified peace officers, correctional officers, and district attorney personnel to make a reasonable effort to determine whether a person charged with a crime is lawfully present in the United States, and to notify the U.S. Department of Homeland Security (DHS) within 72 hours of filing charges if lawful presence cannot be determined. The requirement applies to anyone charged with a crime of violence, such as murder, assault, arson, kidnapping, aggravated robbery, and certain sexual and human trafficking offenses, and to anyone with a prior felony conviction, no matter how long ago, who is charged with any offense, including a traffic violation, petty offense, or misdemeanor. Notification is triggered when charges are filed, before any court has determined guilt or innocence. The measure does not define “reasonable effort” or “lawful presence.” As a constitutional amendment, it requires 55 percent of the vote to pass, and any future change would require another statewide vote.
For the City, the measure would apply directly to Littleton Police Department (LPD) officers when they file criminal charges, including by summons for lower-level offenses. Each time an officer charges a person who has a prior felony conviction, the officer would need to attempt to verify that person’s immigration status and, if it cannot be confirmed, report the person to DHS within 72 hours.
BACKGROUND:
Colorado law currently permits state and local law enforcement to cooperate in the enforcement of federal criminal law but limits their involvement in civil immigration enforcement. Among other restrictions, state and local agencies and employees are prohibited from sharing certain nonpublic personal information with federal immigration authorities unless directed by federal law, a court order, or a judicial warrant, and employees who violate these prohibitions may be fined up to $50,000. Neither federal nor state law currently requires law enforcement to notify federal immigration authorities when a person who is not lawfully present is charged with a crime.
Unless prohibited by state law, local governments currently decide their own level of cooperation and communication with federal immigration authorities, and practices vary across the state. Amendment 81 would replace that local discretion with a single statewide constitutional mandate.
Amendment 81 was placed on the ballot by citizen petition and will appear on the November 3, 2026, coordinated election ballot. According to the State Ballot Information Booklet (Blue Book), supporters argue that the measure would improve coordination with federal authorities on individuals charged with violent crimes or who have prior felony convictions and create a uniform statewide standard. Opponents argue that it undermines due process and the presumption of innocence by requiring reports before any finding of guilt, relies on undefined terms that leave enforcement to individual officer discretion, and could erode trust between law enforcement and the communities they serve.
Prior Actions or Discussions
• Council was briefed on this issue during City Attorney comments on September 22, 2026.
• Council discussed this issue during a regular meeting on October 6, 2026.
FISCAL IMPACTS:
Amendment 81 does not specify a funding source for the costs it creates. Local law enforcement agencies, including police departments and district attorney offices, will have increased workload and potential spending to determine charged individuals’ immigration status, communicate with federal authorities on affected cases, and update systems.
Adopting a resolution taking a position on Amendment 81 requires no City funding. Under the Colorado Fair Campaign Practices Act (C.R.S. § 1-45-117), the City may adopt a resolution taking a position on a ballot issue but may not otherwise spend public funds to urge voters to support or oppose it.
STAFF RECOMMENDATION:
Staff acknowledge that supporters view Amendment 81 as a way to strengthen coordination with federal authorities on individuals charged with serious crimes. However, the measure would place in the state constitution a reporting requirement triggered by an accusation rather than a conviction, rely on undefined terms that invite inconsistent enforcement, and impose an unfunded workload on local law enforcement.
Effective policing in Littleton depends on residents, victims, and witnesses being willing to report crimes and cooperate with investigations, and a measure that discourages community members from coming forward could undermine public safety rather than improve it. Placing the requirement in the constitution would also prevent the legislature and local communities from adjusting the policy as circumstances change. Staff recommend that City Council support a No vote on Amendment 81.
• If Amendment 81 passes, LPD would be required to implement new status-verification and DHS notification procedures, including staff training and possible system updates, within the timeframes set by the measure.
ALTERNATIVES:
• City Council may choose to take no position on Amendment 81.
PROPOSED MOTION:
Proposed Motion
I move to approve Resolution 74-2026 opposing Amendment 81, which would amend the Colorado Constitution to require Law Enforcement to notify federal immigration authorities when certain individuals are charged with crimes, and urges its citizens to vote No on Amendment 81.