Posted May 2, 2024
April 29 marked a significant milestone in Colorado’s commitment to justice and inclusivity as Governor Polis signed HB24-1430 into law, which includes amendments proposed by Senator Gonzales and Representative Mabrey to allocate additional funding to the Immigrant Legal Defense Fund. The constitutional guarantee of due process does not fully extend to immigration courts. With no access to government-funded counsel in immigration proceedings, immigrants facing deportation often find themselves navigating complex legal proceedings alone.
The Colorado Immigration Legal Defense Fund, created by HB21-1194, has been a lifeline since 2022 for some low-income Colorado immigrants navigating deportation proceedings. However, the demand for legal representation far outpaces available funding. Recognizing this urgent need, Senator Gonzales and Representative Mabrey championed long bill amendments, doubling the fund for fiscal year 2024/2025 for a total of $700,000 and paving the way for access to justice for more Coloradans who are in immigration proceedings.
“Today, Colorado reaffirms its commitment to justice and fairness for all,” said Senator Gonzales. “By increasing the Immigrant Legal Defense Fund, we are ensuring that our immigrant neighbors have the representation they need to navigate the legal system with dignity and fairness.”
“Increasing access to legal representation is not just the right thing to do; it’s the smart thing to do,” remarked Representative Mabrey. “With this additional funding, we can ensure that fewer individuals face deportation proceedings alone, increasing the likelihood of successful outcomes in their cases and lessening the possibility of devastating familial separation.”
Colorado boasts a vibrant and diverse immigrant population, contributing over $5 billion in taxes annually and wielding $14.2 billion in spending power. Yet, the societal and economic repercussions of detention and deportation are profound. Families are torn apart, communities are weakened, and our economy suffers as a result.
With this additional funding, we can ensure that fewer individuals face deportation proceedings alone.”
Representative Javier Mabrey
Shockingly, nationwide nearly 4 million people were in immigration court facing deportation last year, with a staggering 70% lacking legal representation. In a recent national analysis, Colorado ranked last in representation, alongside New Mexico, with a mere 14% of people in immigration proceedings appearing with an attorney by their sides.
“Colorado is taking a step towards fulfilling its promise of justice for all,” said Gladis Ibarra, Executive Director of the Colorado Immigrant Rights Coalition. “We commend Senator Gonzales and Representative Mabrey for their leadership in championing this critical legislation that brings Colorado one step closer to our vision of universal representation for all, regardless of immigration status.”
“We applaud Senator Gonzales and Representative Mabrey for their leadership. The increase and availability of funds from the Colorado Immigrant Legal Defense Fund plays a crucial role in supporting the fight against deportation and highlighting the importance of advocacy and representation for individuals in detention centers” said Humberto Prospero, Staff Attorney at Rocky Mountain Immigrant Advocacy Network “Those seeking refuge from corruption, and violence in their home countries should be afforded proper legal representation to navigate the system with dignity and grace. It’s essential they have the chance to live, feel safe, and prosper in the U.S.”
“It’s important the legislature and Governor Polis grow this fund to ensure all Coloradans have access to an attorney if they can’t afford one. To fully accomplish the mission of ensuring counsel to all Coloradans who cannot afford private attorneys, we estimate between $10-12 million is needed annually. Any additional infusion of funds serves as a building block toward our collective commitment for equal justice for all.” states Jordan García of the American Friends Service Committee (AFSC).
“As a Member of the Not One More Deportation project of AFSC, I have seen up close the suffering families face during the deportation process. Much of the time it’s the breadwinner who faces deportation, forcing the rest of their family into the dilemma of choosing between paying lawyer fees or paying rent and buying food, or scraping together enough money for bond so their loved one regains their liberty. These circumstances compel our members to sell their vehicles, pawn their work tools or acquire loans from anyone they can. We look forward to growing the fund to keep other Coloradans from having to make impossible choices in order to access justice” Liceth Aguilar, member leader.
The allocation of additional funding to the Immigration Legal Defense Fund is not just a matter of compassion; it’s a pragmatic investment in the future of our state. Moreover, it helps mitigate the societal costs associated with detention and deportation, such as foreclosures, evictions, and children being forced into the foster care system. The signing of HB1430 and the subsequent allocation of additional funding to the Immigration Legal Defense Fund underscore Colorado’s commitment to equity, justice, and the protection of all its residents, regardless of immigration status.
The Colorado Universal Representation Coalition is a group of non-profit organizations that collaborate to promote universal representation in immigration courts in Colorado.
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