DENVER – The state Senate adopted a bill upon second reading Monday that would require peace officers to be U.S. citizens.
Senate Bill 120 would revoke the peace officer certification of noncitizens after a five-year grace period for them to obtain citizenship. An amendment adopted on Monday allowed for noncitizen officers to apply for one year extensions.
SB 120 drew criticism from Democrats, who expressed concern over the message it sends in light of the national conversation on immigration and immigrants.
“This bill does not come before you in a vacuum, it comes before you at a time when the whole subject of immigration, legal, illegal, and the whole fact of immigration is under intense scrutiny and intense debate,” said Sen. Daniel Kagan, D-Cherry Hills Village and a former citizen of the United Kingdom.
Sen. Bob Gardner, R-Colorado Springs, said the association of the bill with national debate is unfortunate, as it should be seen as an attempt to answer a state policy question. Gardner, the bill’s sponsor, said he did not know how many Colorado law enforcement officers were not citizens.
“This bill is about peace officers and about what are the qualifications and what are the expectations, and what is the right public policy for the requirements for those in our society who use, as the United States Supreme Court describes it, ‘the coercive power of the state,’” he said.
The power includes the right to arrest U.S. citizens, carry concealed firearms, enforce court warrants and, in extreme cases, use deadly force, he said.
Gardner added that the bill should be seen not as an anti-immigrant bill but a pro-citizenship bill.
“There is no status more sacred in this world than that of a United States citizen,” he said.
Kagan said while he trusts that Gardner does not intend there to be an anti-immigrant connotation to SB 120, it will be taken as a swipe at immigrants, specifically legal immigrants.
“It will be taken as the withdrawal of the welcome mat to legal immigrants who have gone through the process, who have complied with our laws, who have gone through the trouble, the extreme trouble, of gaining that precious right to live here, to work here, to contribute to our society and to be a part of this country,” he said.
Several other Democrats said the bill is either ill-timed or unnecessary and limiting to police departments and county sheriffs.
“I do think this fits into the national debate over immigration,” said Sen. Matt Jones, D-Louisville. “You talk to your citizens and people have strong feelings and they don’t separate federal from state, they just don’t. So I offer this amendment to make that point and to make the point that this bill isn’t needed in the first place.”
Sen. Rhoda Fields, D-Aurora, said her community views its diversity as a point of pride and is concerned about the message SB 120 sends to her constituents who are not citizens.
Sen. Larry Crowder, R-Alamosa, said that shouldn’t be a factor and the debate should be based on what Coloradans want.
“It’s not what the immigrants want, and I think if you’re talking about arrest powers I think you better be an American citizen before you make that arrest,” Crowder said.
Fields said many Coloradans and law enforcement officials say the bill is not needed.
“I was in committee when we heard this. The police chief association opposed this bill,” Fields said. “They want to have the ability to exercise their own authority.”
Gardner said SB 120 would apply only to POST certified peace officers and not to support personnel, such as emergency dispatchers, administrative assistants or other non-line employees.
