Federal immigration agents conducting lawful enforcement operations in Colorado will face civil lawsuits in state court. Senate Bill 26-005 allows anyone to sue federal agents, local law enforcement assisting them, and private citizens cooperating with enforcement for “violating the United States constitution.” Federal courts already provide this remedy through Bivens actions. Colorado taxpayers will fund legal defense when the Justice Department sues over Supremacy Clause violations.
The bill passed Senate Judiciary Committee 5-2 on February 2, advancing to Appropriations. Sen. Mike Weissman (D-Aurora), Sen. Julie Gonzales (D-Denver), Rep. Javier Mabrey (D-Denver), and Rep. Yara Zokaie (D-Fort Collins) sponsor it. They unveiled the bill at a Capitol rally where Rep. Elizabeth Velasco called ICE “an unlawful agency.”
Plaintiffs have two years to file. They can seek “legal or equitable relief or any other appropriate relief.” The bill creates no standard for what constitutes a “constitutional violation.”
Article VI, Clause 2 establishes federal law as “the supreme Law of the Land…any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” McCulloch v. Maryland, 17 U.S. 316 (1819) held states cannot interfere with federal officers performing federal duties.
Federal agents already face accountability through Bivens actions in federal court for constitutional violations. Federal judges hear these cases, not Colorado state judges. Federal courts understand qualified immunity and officer authority.
The bill follows Senate Joint Resolution 26-006, which passed February 2 “committing to Coloradans navigating the complex United States immigration system.” Senate Bill 25-276 eliminated immigration status affidavit requirements in 2025. Gov. Polis attempted to provide immigrant information to ICE under federal subpoena in 2025, then reversed under activist pressure.
The bill requires Appropriations Committee review, suggesting fiscal impact. Legal defense costs when the Justice Department sues will exceed whatever Democrats budget.
With Democrat supermajorities, passage is likely. Federal courts will address Supremacy Clause violations.
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