This is the fourth part of Colorado Alliance for Immigration Reform history (and Defend Colorado Now history) that relates to significant immigration reform legislation passed in Colorado.
By June, 2006, Defend Colorado Now (DCN) had collected nearly three fourths of the required signatures to place an initiative on the ballot that would prevent persons unlawfully present in Colorado from receiving publicly funded services.
We were on a roll... until the Colorado Supreme Court, in a blatant act of biased political activism, struck down the Defend Colorado Now (DCN) initiative in June, 2006. Governor Bill Owens (R-CO) then called a special legislative session to address the issue.
There are two ways to get an initiative on the ballot in Colorado:
The Governor could call the session with a either a general mandate to address the issue of illegal immigration as embodied in the DCN initiative, or a specific mandate to directly refer a referendum to the ballot - which in essence would "overrule" the Supreme Court.
Reasons supporting directing a referendum to the ballot included:
Reasons supporting the general legislative mandate (and no ballot referral) included:
The initiative had gained significant media exposure to make the immigration reform politically "hot". With public scrutiny, it was less likely that mere token immigration reform legislation would be passed.
Additional important considerations:
The politically diversified Defend Colorado Now committee consisted of Fred Elbel, Waldo Benavidez, former Governor Dick Lamm (D-CO), and John Andrews (R-CO), former President of the Colorado Senate. After intense debate, the committee decided to support the more general objective of seeking immigration reform legislation in the special session. (See this letter.)
There were those who saw the DCN initiative as a perfect wedge issue that would leverage the acquisition of partisan political seats in the upcoming election. However, the fundamental purpose of the initiative was to address immigration in Colorado, not to facilitate more specific political agendas.
The decision was that a "bird in the hand" was worth a lot. (John Andrews dissented and subsequently resigned from DCN).
The special day-and-night six-day legislative session began on July 6, 2006. Dick Lamm worked intensely behind the scene with the Democratic leadership in order to negotiate meaningful legislation. Fred engaged in ongoing strategy sessions with the DCN committee and advisors. Mike Hethmon of IRLI was particularly helpful.
Fred Elbel, Stan Weekes, and Waldo Benavidez observed the House and Senate sessions. We definitely confirmed the old adage that "lobbying consists of long periods of sheer boredom punctuated with moments of sheer desperation and panic".
The Special Session passed a dozen immigration-related bills, which the Governor signed into law. The more important bills include:
HB (House Bill) 1023 - This bill limits state services to illegal aliens and embodies the essence of the DCN initiative and is similar to section 9 of the strong Georgia Bill passed in 2006. The was the most important reform bill to come out of the session.
HB 1023 requires each applicant who applies for public benefits to affirm that they are lawfully present in the country, and thus denies most non-emergency services to illegal aliens over the age of 18. Those seeking benefits must present valid ID (from a list determined by the Colorado Department of Revenue) and sign a non-notarized affirmation of lawful presence. If a legal alien utilizes a green card, verification of the A-number is confirmed with US Citizenship and Immigration Services via the Systematic Alien Verification for Entitlement (SAVE) program. Illegal aliens will continue to receive federally mandated services, including K-12 education, but are denied a multitude of previously obtainable services.
Other bills include HB 1017, HB 1009 , SB 90, HB 1306, HB 1343.
See this summary of 2006 Colorado immigration legislation.
2006 - A good year
The Defend Colorado Now initiative was instrumental in bringing the immigration issue to the forefront and gaining the passage of immigration legislation in Colorado. As is typically the case, that legislation could be improved - but it was a solid step forward.