Understanding SB25-276: What You Should Know
Colorado has a new law that may impact you and your family. Here are three important things to know about SB25-276.
Removal of Affidavits for Higher Education and Licenses
Undocumented individuals are no longer required to submit affidavits affirming they have applied for or will apply for “lawful presence.” This change applies in two key areas:
- Higher Education & Tuition: Students seeking in-state tuition through the College Opportunity Fund no longer need to submit the affidavit.
- Colorado IDs & Driver’s Licenses: Applicants can obtain a Colorado ID or driver’s license without submitting the affidavit affirming lawful presence. Other affidavits relating to minors by parents/guardians or a lost or stolen license are still required.
Collection and Sharing of Personal Identifying Information (PII)
There are new regulations around how your personal identifying information (PII) can be collected and shared.
What is Personal Identifying Information (PII)?
Your personal identifying information (PII) includes details that can show who you are, and, in some cases, your immigration status. Under Colorado law, PII is information that can reveal someone’s identity or immigration status, such as:
- Social Security number
- Driver’s license or state ID number
- Home or mailing address
- Phone number or email address
- Birth date, place of birth, or country of origin
- Immigration or citizenship status
When Can My PII Be Collected and by Whom?
PII can only be collected if it is required by state or federal law, necessary for official duties, or needed to verify eligibility for a government-funded program.
This applies to:
- Cities and counties
- State, county, and city departments, divisions, and agencies
- Public higher education institutions
- State, county, and city boards and commissions
- Third-party contractors working for state, county, city, or public higher education institutions
- Libraries managed by local, municipal, or county governments
- Public child care centers
- Public schools
- Local education providers
- Public health-care facilities
When Can My PII Be Shared and by Whom?
Your personal identifying information (PII) can only be shared with Immigration and Customs Enforcement (ICE) in very limited situations:
- If there is a judicial warrant, subpoena, or court order
- If you are part of a criminal investigation
- With a valid HIPAA release signed by a patient or parent/guardian for minor child (for health information)
- With a valid FERPA release signed by a patient or parent/guardian for minor child(for student education records)
This applies to a slightly different list of entities:
- Cities and counties
- State, county, and city departments, divisions, and agencies
- Libraries managed by local, municipal, or county governments
- Public higher education institutions
- State, county, and city boards and commissions
- Third-party contractors working for state, county, city, or public higher education institutions
Written Policies for Immigration Enforcement
Certain public entities must have a written policy that explains what staff should do if immigration enforcement (ICE or similar federal authorities) shows up asking for information or trying to access parts of the entity’s facility that aren’t open to the public.
Who Does This Apply To?
This new written policy requirement applies to public entities. Public entities are organizations that receive state funding and may also collect and store some of your personal information. These include:
- Public child care centers
- Public schools including charter schools
- Public colleges, universities, and technical colleges and private universities that receive state funding
- Public health care facilities including hospitals and clinics
- Public libraries
What Has to be Included in a Policy?
Each entity shall establish or expand its current policy related to information access, building access, or communication with staff or those being served in the facility. The policy may not be in one policy if the entity is amending existing policies. Each entity may develop separate policies for staff/employees and one for the individuals being served at the entity or the general public if applicable.
For staff of a public entity: The policy must spell out the steps staff should take if immigration authorities ask for information or access to a nonpublic area of the facility. That includes:
- Sharing personal information (like names, addresses, or records) only if required by law.
- Letting immigration authorities into private areas (like classrooms, patient areas, or staff-only spaces) only if they show a court order, subpoena, or warrant signed by a federal judge or magistrate.
- Procedures for staff to follow when releasing protected information, ensuring it is done only with valid legal documents.
- Designation of a responsible staff member who must be notified right away if immigration authorities request information or access.
- Procedures for staff to communicate information about the request to the affected child, student, patient, patron, or their family.
- Procedures for staff to document enforcement requests, including:
- Name of the lead agent
- Employer and badge number
- Copy of the subpoena, warrant, or order presented.
For children and families, students, patients and patrons: Public entities are required to have policies that indicate when an individual’s personal information can be shared with ICE or when ICE may be able to access nonpublic parts of the facility to conduct immigration enforcement.
- If a judicial warrant, subpoena or order is presented, the public entity is required to share an individual’s personal information if it is requested.
- If a judicial warrant, subpoena or order is presented, the public entity is required to allow access to nonpublic areas of the entity where an individual may be located.
- Staff at the public entity will have procedures to communicate the request for information or access to the nonpublic entities to the individual(s) that were the subject of the judicial warrant, subpoena or order.
How Does This Impact Me?
If immigration enforcement comes to your school, health center, or library, staff must follow strict rules. They can’t give out your personal information or let ICE into private areas unless there’s a valid court order. If a request is about you or your family, staff must also let you know.
How Can I Find the Policy?
The required policy may be included within existing policies (such as communication, privacy, or staff policies) or it may exist as a separate document. The way it is shared depends on how the public entity normally communicates with staff, patrons, patients, or families.
Where you might find it:
- On the entity’s website
- Inside a handbook (for example, a parent handbook at a school or program)
- Through an online portal (such as a health carrier portal that provides test results and messages from doctors)
What you can ask for and expect to receive:
- Any policies that the entity shares with members of the public, patrons, patients, or families
- Policies that are published or otherwise made available for public communication
What you may not be able to receive:
- Staff-specific or personnel policies. These are considered internal employee information and are not required to be shared with nonemployees.
If you are a patron, patient, or family member, you can ask for the policy where it applies to you, and the organization must provide it in the same way they normally share important information. However, you cannot expect access to staff-only or internal personnel policies.
Important Reminder: Immigration enforcement can still happen in these spaces. ICE and other federal officers may legally enter public areas of schools, hospitals, or libraries, and these are not “safe spaces” against enforcement.