2026 Voter Guide: This article is part of Johnstown Republic’s guide to the Nov. 3 ballot.
Colorado voters will decide Amendment 81, a proposed constitutional amendment that would require certain state and local law enforcement personnel to notify the U.S. Department of Homeland Security when a person who is not confirmed to be lawfully present in the United States is formally charged with certain crimes.
The citizen-initiated measure would amend the Colorado Constitution and requires at least 55% of the vote to pass, according to the official 2026 Colorado Blue Book.
What would Amendment 81 do?
Amendment 81 would require law enforcement to make a reasonable effort to determine whether certain people charged with crimes are lawfully present in the United States.
If the person is not lawfully present, or their status cannot be determined after that effort, law enforcement would have to notify the Department of Homeland Security within 72 hours when either of the following applies:
- The person is charged with a crime of violence; or
- The person has any prior felony conviction and is charged with another crime.
For someone with a prior felony conviction, the new charge could be a felony, misdemeanor, petty offense or traffic violation. The notification requirement would begin when charges are formally filed, not when a person is arrested, and would occur before guilt or innocence has been determined, according to the state’s ballot analysis.
The measure defines law enforcement to include certified peace officers employed by law enforcement agencies, correctional officers, and attorneys or investigators employed by district attorneys.
What does a YES vote mean?
A YES vote would add the notification requirement to the Colorado Constitution, requiring covered law enforcement personnel to notify federal immigration authorities in qualifying cases when a person cannot be confirmed as lawfully present in the United States.
What does a NO vote mean?
A NO vote would leave current Colorado law unchanged.
State and local law enforcement may currently cooperate with federal authorities in enforcing federal criminal law, while Colorado law limits participation in civil immigration enforcement and restricts the sharing of certain nonpublic personal information. There is currently no statewide requirement to notify federal immigration authorities whenever a person who is unlawfully present is charged with a qualifying crime, according to the official Blue Book analysis.
What would it cost?
Legislative Council Staff estimates $60,000 in additional state spending in fiscal year 2026-27 for computer-system changes: $50,000 for the Department of Revenue and $10,000 for the Department of Natural Resources. No additional state expenditures are projected for fiscal year 2027-28.
Local governments would also face increased workload and potentially additional costs for determining immigration status and communicating with federal authorities. Because those determinations occur after charges are filed, Legislative Council Staff expects much of the additional workload to fall on district attorney offices. The amount would vary by jurisdiction.
Arguments for and against
Supporters argue the measure would improve coordination between Colorado law enforcement and federal immigration authorities when people accused of violent crimes or repeat offenders may be unlawfully present in the country. They also argue that a statewide requirement would create a consistent standard rather than allowing notification practices to vary among local jurisdictions.
Opponents argue the notification occurs before a court determines guilt and could expose people to immigration enforcement based on criminal charges rather than convictions. They also argue that terms such as “reasonable effort” and “lawful presence” are not specifically defined in the measure, potentially leading to inconsistent enforcement and reduced trust between law enforcement and some communities.
Those arguments are summarized from the official state analysis of Amendment 81.
What does this mean for Johnstown?
Amendment 81 would apply statewide, including to law enforcement agencies and prosecutors serving Johnstown.
The measure contains no provisions specific to Johnstown. Any local impact would depend on the number of qualifying criminal cases and the additional workload required to determine immigration status and make federal notifications.
Official information
The complete ballot analysis, fiscal-impact statement and full text of the measure are available on the Colorado General Assembly’s Amendment 81 page.