Amid Trump’s deportation threat, here’s how Colorado immigration lawyers and advocates are working to protect undocumented immigrants
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President-elect Donald Trump‘s return to power could usher in one of the most consequential eras for immigrant communities in decades.
His pledge to carry out the “largest deportation in the history of our country” spells uncertainty for the estimated 11.7 million undocumented people living in the United States. He’s vowed to end birthright citizenship on his first day in office, fight to overturn the Deferred Action for Childhood Arrivals program that shields certain undocumented immigrants who arrived in the U.S. as children from deportation, and suggested he’s open to using military force to execute his immigration plans.
In Colorado, where an estimated 156,000 undocumented immigrants were living as of 2022, attorneys and advocacy groups are preparing for increased risk to their communities — even as some point to state laws that could provide a layer of protection for undocumented people.
Regions in Colorado with some of the largest immigrant populations include rural resort areas, where tourism-based jobs have drawn generations of workers and some school districts maintain student bodies that are around half or more Latino or Hispanic.
“People are definitely scared,” said Dillon-based attorney William McNamara, referencing several calls he’s received from current and former clients following the election. “There’s a lot of uncertainty.”
What protections are in place for immigrants in Colorado?
Leaders for immigrant advocacy groups are already taking action to prepare for what they anticipate will be a turbulent four years.
That involves pushing local officials to take strong stances that reaffirm immigrant protections currently in place for undocumented and mixed-status communities.
“I think there’s an important message to be sent, and we can do that through ordinances and resolutions,” said Alex Sanchez, CEO and president for the Western Slope-based nonprofit Voces Unidas.
Sanchez points to a first-of-its-kind “safe haven” policy passed by the Roaring Fork School District earlier this year as an example. The policy, which Voces Unidas advocated for, codifies a 2016 resolution barring federal immigration enforcement officers who lack a federal judicial warrant from carrying out actions on school grounds.
“We’re hoping other counties, other school districts across the state, particularly in the High Country, are brave enough to pass similar policies,” Sanchez said. “Local governments should be focused on keeping all of us thriving and safe, and we should not be forced to do anything that the federal government has a responsibility for.”
Colorado lawmakers in recent years have taken steps to limit federal immigration officials’ reach in local communities.
In 2019, the legislature passed House Bill 19-1124, which prohibits state law enforcement from arresting or detaining someone solely based on their immigration status. It also prohibits state officials from sharing someone’s personal information with federal immigration authorities.
Subsequent laws have been passed banning immigration officials from making arrests in courthouses and restricting local governments and law enforcement from partnering with those officials to hold people who are facing federal civil immigration proceedings.
State lawmakers have also sought to remove barriers for immigrants when accessing housing and safety net programs.
Colorado’s Immigrant Tenant Protection Act, passed in 2020, makes it illegal for landlords to ask for citizenship or immigration information from tenants. The 2022 “Cover All Coloradans” law allows immigrant residents to apply for health insurance regardless of their immigration status. All Colorado residents are also able to apply for a driver’s license or state ID regardless of immigration status under the 2013 Colorado Road and Community Safety Act.
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Peter Bakken, executive director for the Frisco-based group Mountain Dreamers, said immigrants in Colorado must know their rights under state law. During the first Trump administration, misinformation “spread like wildfire,” and Bakken said ensuring immigrant communities have access to trusted, factual information will be critical this time around.
“Colorado is positioned to help protect and support the immigrant community,” Bakken said. “Our message is going to be that — ‘we are here; we’re not going anywhere; we’re going to continue to support immigrants regardless of status.'”
Bakken said his organization will be focused on maintaining and bolstering community partnerships, which have helped the nonprofit support several vital services and programs. That includes providing emergency housing for migrants and helping new arrivals navigate everything from learning bus routes to enrolling their children in school.
“We started during the last Trump administration — and we’re stronger and more connected and more involved with various organizations,” Bakken said. “So we feel that puts us in a much better position to be more proactive on these types of issues.”
While Bakken has noted some anxiety from local community members about a second Trump term, he said the specter of uncertainty has long hung over immigrant households regardless of who is in the White House.
Bakken said it remains to be seen to what extent Trump will follow through on his many hardline campaign proposals, including mass deportations. He suspects many of those policies will be bedeviled by lawsuits and pushback from states like Colorado.
Still, the threat of deportation is all too real for some in the immigrant community.
More than 20 years ago, Sanchez’s mother was deported to Mexico when he was a young child living in El Jebel, an unincorporated area roughly 20 miles north of Aspen — where his mother worked as a housekeeper.
He said deportations of working residents, like his mother, devastate families and economies. In 2022, Colorado’s undocumented population paid an estimated $436.5 million in state and local taxes, according to a recent study from the Institute on Taxation and Economic Policy.
“In the High Country and central mountain region, many of us live with mixed-status families,” Sanchez said. “We know th