No easing up yet in proof of citizenship law

Groups push for fix in ID rules that snare bona fide resident

By Lynn Bartels, Rocky Mountain News
January 26, 2007

A Colorado Springs lawmaker's daughter couldn't get a driver's license. An 84-year-old Greeley woman had trouble getting her low-flow toilet rebates. Increased red tape made life harder for the poor.
For months, stories abounded about how bona fide Coloradans were being snared in a tough anti-illegal immigration bill lawmakers passed last year during a special session.

But no bill has been introduced yet to clean up the measure.

Senate President Joan Fitz-Gerald, D-Coal Creek Canyon, said Thursday she believes problems can be handled through executive orders from new Gov. Bill Ritter or by directives from department heads he recently appointed.

"Most of the problems are because the departments issued regulations that were contrary to what we stated in our bill," she said.

But others believe cleanup legislation is needed on House Bill 1023, which went into effect Aug. 1 under Republican Gov. Bill Owens.

The law established identification rules that require Coloradans to prove to local and state agencies they're in the country legally before they can obtain most government benefits.

A coalition of groups that have dealt with the law's aftermath met Thursday with House Speaker Andrew Romanoff, D-Denver, to outline their concerns.

"Nobody wants to violate the law, but nor do they want to overinterpret the law," said Maureen Farrell, executive director of the Colorado Center on Law and Policy.

"They want to serve people and not create a chilling effect for people who need their services, whether that's food or shelter or medical care."

The nonprofit agency, which focuses on how legislation affects low-income populations, repeatedly gets calls from providers about problems with HB 1023. One of the biggest problems, Farrell said, is that various government agencies interpret the law differently.

For example, the Colorado Center is familiar with an organization that collects private money to assist people with utility bills. That group also receives government money.

A county attorney told the group it does not have to verify citizenship to hand out utility checks to recipients, but a city attorney in that county says the group does.

Dede de Percin, executive director of the Colorado Consumer Health Initiative, said lawmakers don't have much time. That's because waivers that allow some flexibility, such as for the homeless or the elderly to show other forms of ID and still receive benefits, expire March 1.

"I don't see any other way to make some of these changes except by statute," de Percin said.

Romanoff said he will work with the coalition, leadership and Ritter.

House Bill 1023

• Establishes strict ID rules requiring Coloradans to prove they're here legally before getting most government benefits.

• Says benefits applicants must have one of four approved IDs.

• Says applicants must sign affidavit attesting to their legal status; agency must check immigration status online.

Proposed changes:

• Clarify definitions of lawful presence, citizenship, identity, applicant, public benefit.

• Expand list of acceptable ID documents to U.S. standards.

• Exempt those with established eligibility for U.S. programs.

• Clarify that private funds aren't subject to HB 1023.


• Waive ID document fees for public- assistance applicants.

• Clarify what information must be reported and clarify by whom.Source: General Assembly Source: The 1023 Coalition

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