What the original Defend Colorado Now
amendment would not do
Questions and Answers about Defend Colorado Now
What about children attending K-12 public schools? Are they affected by this amendment?
No. Federal law mandates that K-12 public schools accept all children regardless of legal status. The amendment specifically allows for all services mandated by federal law.
Would the amendment include simple information services and consumer publications that are available through a state-operated or a state-funded Internet site or through inexpensive brochures made available at kiosks, visitors' centers and other public places?
No. The amendment would not restrict information services that are made available to the general public and available only inadvertently to persons not in the country lawfully.
Would individual public employees be held liable for violations of the intent of this amendment?
No. State agencies may be sued by any citizen to assure enforcement, but individual civil servants are not liable in a civil suit for violations. However, as is the case with any provision of the law, public employees may be held accountable administratively for willful and deliberate non-performance of their sworn duties as public servants.
Would the amendment restrict the State of Colorado's collection of taxes?
Would the amendment allow Medicaid services as a service "mandated by federal law"?
Would the amendment have any effect on federal immigration laws, naturalization laws, or treaties with foreign governments?
No. The amendment does not alter or impair any federal law or state obligation under a treaty.
Would this amendment lead to discrimination against Hispanics, Arab-Americans or other minorities who are citizens or legal residents?
No. There are adequate laws in place against racial and ethnic discrimination, and there is no reason to believe state, county or municipal employees will violate these laws.