By Peter Marcus, DENVER DAILY NEWS
Former Congressman Tom Tancredo says he is considering a ballot initiative that would bring to Colorado a similar law backed by Arizona lawmakers that some say creates a de facto police state concerning immigration enforcement.
Arizona lawmakers last week backed legislation that would require local police to investigate the identities and residential status of people in an attempt to crack down on illegal immigration. Police officials would be required to do so when legitimate suspicion is raised as to a person’s residential status. The legislation would also allow citizens to sue local police departments if they do not believe the agency is doing everything in its power to enforce immigration laws.
Tancredo, a Jefferson County Republican, said he has thought several times about bringing to voters a similar proposal for Colorado. The anti-illegal immigration stalwart has his hands full for the 2010 ballot, pushing initiatives that would limit gun control and require employers to use the federal E-verify employment eligibility verification system.
But he says it is not out of the question to bring the proposal forward to voters in the future.
“It’s certainly possible — the Legislature and the governor has to change, and that’s possible — so when that happens, we would be excited about the possibility to end up doing something significant for immigration,” said Tancredo. “I would even consider doing it as an initiative, but you have to raise a lot of dough for that.”
Those who support the tough immigration enforcement measure say the political climate in Colorado is not conducive to such a law. They say that while Democrats control the Legislature, it is unlikely that such a proposal would be introduced.
Critics of the proposal call such a measure “draconian” and have organized a protest and news conference in Denver today to discuss their opposition to such a proposal. They believe it would lead to racial profiling and a de facto police state. Questions are also being raised as to the constitutionality of the measure.
“(It) is misguided, and possibly unconstitutional, representing several steps in the wrong direction on the question of how to respond to our broken immigration system,” said Julien Ross, executive director of the Colorado Immigrant Rights Coalition.
Immigrant rights advocates are pushing for comprehensive immigration reform legislation on the federal level that provides a path to citizenship for undocumented immigrants. A proposal has been raised for Congress to debate, but many say it is unlikely that Congress will tackle the issue before the November elections.
Opponents of the Arizona law — expected to be signed by the governor — say it will face several court challenges. “If the bill survives substantial legal challenges, it will permanently sanction the racial profiling of Arizona residents regardless of their actual legal or citizen status,” said Ross.
State Sen. Dave Schultheis, R-Colorado Springs, has attempted several times to pass tough immigration enforcement legislation in Colorado, including use of the E-verify system, but all of his proposals have failed.
He agrees that the current political climate in the state is not conducive to such a tough enforcement measure. But he is “excited” that progress is being made in other states, because that may influence legislation in surrounding states. “I’m really excited about the fact that Arizona passed this new law. I think it’s a major step towards trying to institute the rule of law in Arizona — I just wish we could do something like that here,” said Schultheis.
He added that if the Legislature doesn’t introduce such a measure next year, then he believes the people will take matters into their own hands.
“If we try to run something like this next year and it fails, I think there will definitely be an initiative proposed to take care of it,” said Schultheis. “The people want this kind of thing. Probably 80 percent of the population wants something done and they’re very frustrated with the inaction of this Legislature.”

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