As legal challenges mount over the constitutionality of actions by U.S. Immigration and Customs Enforcement in Minnesota, California and beyond, some Colorado attorneys are encouraging their colleagues to join them in providing legal aid and workshops about constitutional rights.
Henry Baskerville, a partner with Fox Rothschild and long-time trial lawyer, said, “It’s a
matter of when, not if,” Colorado experiences a surge in ICE agents, as in Minneapolis, Los Angeles and Chicago.
“It’s only natural that Colorado is next on the hit list,” he added, noting the Trump administration has repeatedly targeted blue states, including Colorado, by withholding funding or sending in border control agents.
Legislative Response to ICE
Even as funding stalls in Congress for the Department of Homeland Security, which oversees ICE, Colorado lawyers and legislators are preparing to respond to an influx of ICE agents.
Recently proposed bills in the Colorado General Assembly include SB26-005, sponsored by Sens. Julie Gonzales and Mike Weissman, which would allow individuals to sue federal immigration officers for alleged constitutional violations tied to civil enforcement actions.
Lawmakers are also advancing proposals to tighten restrictions on cooperation between federal agents and local entities, to increase transparency around enforcement activity and to expand protections for immigrants accessing public services, including limits on data-sharing and enforcement in sensitive locations.
In Denver, City Council proposed an ordinance banning law enforcement officers from wearing masks during operations, which was approved in committee.
Denver Clerk and Recorder Paul López endorsed the ordinance, stating in a release, “The chaos, lawlessness and terror inflicted up upon Americans in recent months is a direct result of agents refusing to identify themselves to avoid transparency and accountability.”
Preparing and Educating the Community
Baskerville called on lawyers to help those in detention or community members who are uncertain about their rights.
“Lawyers need to do some soul searching and think about what more they can do,” he said. “If you’re not an immigration lawyer, you can read the law and explain people’s rights. That’s our obligation.”
For his business clients, Baskerville offers guidelines on preparing for an encounter with ICE. His recommendations include:
- Designating a point of contact to interact with ICE agents.
- Training employees that to understand they are not required to answer ICE questions.
- Verifying warrants are judicial, not administrative.
- Defining public versus private spaces.
- Maintaining accurate employment documentation.
- Consulting experienced counsel before responding to inspections or audits.
A Lawyer-Led Referral System
To more easily connect attorneys with individuals who have encounters with ICE, including citizens who are wrongfully detained, Baskerville suggested the establishment of a coordinated, on-call legal network of lawyers. He said this could include a list of attorneys ready to provide pro bono representation or a bar association–supported referral system, as well as a hotline for families of detainees.
“If someone’s relative is detained, they don’t know who to call,” he said. “We need a single point of contact, staffed by lawyers who are capable and willing to help.”
‘A Critical Moment’
Chris Thomas, an immigration attorney and partner with Holland & Hart, said the state is at
a crossroads as lawyers and legislators formalize their response to ICE.
“I see this as a critical moment in defending the rule of law and constitutional rights,” he said. “It’s invigorating to be standing up for those principles, even when the landscape is increasingly complex and aggressive.”
After U.S. Attorney Pam Bondi issued a memorandum outlining the investigative and charging priorities for immigration-related offenses in February of 2025, “We raised the flag,” Thomas said.
A year later, worksite raids and I-9 audits, or a federal review of employment eligibility verification forms, have risen sharply. “The result: civil fines of up to about $2,800 per defective I-9, which can double for repeated violations,” he said. “Some companies have faced multimillion-dollar fines.”
Beyond fines, employers who knowingly employ undocumented workers may face criminal prosecution.
“We’ve seen cases where companies thought an inspection was just paperwork, only to later be raided and receive grand jury subpoenas,” Thomas said.
The legality of worksite enforcement can hinge on consent and circumstance — for example, whether a business invites agents inside — but constitutional protections still
apply to workers and bystanders, said civil rights attorney Crist Whitney with Rathod Mohamedbhai LLC.
“ICE officers are like all law enforcement: They’re bound by the Constitution,” he said. “Just because someone is approached by ICE doesn’t mean their constitutional rights go out the window.”
Visa and Legal Status Complications
Colorado employers and immigrants who moved to the state with legal documentation are also grappling with changes to legal immigration pathways. Thomas described the administration’s approach to H-1B visas and other work authorizations as “intentionally complicated,” driving some companies to relocate operations to Canada.
“They’re dissolving departments in the U.S., outsourcing roles and reducing American jobs,” he said.
The revocation of several programs and designations, such as the Cuban, Haitian, Nicaraguan and Venezuelan parole programs and Temporary Protected Status, has disrupted employment for hundreds of thousands of workers.
“The federal courts are now addressing these revocations, with some judges ruling against the administration at the district court level,” Thomas said.
Federal travel restrictions and indefinite freezes on visas, asylum applications and some naturalization petitions have caused further chaos. Sulma Mendoza, immigration department director and attorney at the Justice and Mercy Legal Aid Center, said, “These are people who have been through trauma and are trying to integrate into a new community. Even after receiving disability waivers to aid in their naturalization, their cases can still be put on indefinite hold.”
For those who choose to leave the United State before a confrontation with ICE, “even a voluntary return places the people at risk of detention on their journey to self-deporting,” she said.
Enforcement Tactics and Legal Recourse
While accountability mechanisms exist, legal recourse against ICE infractions remains difficult. Nonetheless, Thomas expects Colorado judges to “likely respond similarly to their counterparts in other states, protecting constitutional rights and due process.”
He recounted a case in which ICE agents conducted an armed worksite raid, interrogating employees and customers. A worker with legal documents who was detained connected with Thomas’ team. “We were able to secure her release through a habeas corpus petition, and the courts have generally been receptive to challenging overreach,” he said.
More generally, Whitney said, “You can bring lawsuits under federal law, such as Bivens claims, but they’re an uphill battle. Damages can be minimal, and federal oversight often means agencies are investigating themselves.”
He emphasized that constitutional protections are not limited to citizens. “Individuals in America, not just citizens, have basic due process rights under the Fifth Amendment,” he said. “That includes notice of charges, an opportunity to be heard, access to counsel and protection against unreasonably prolonged detention.”
Like Baskerville, he suggested municipalities focus on community education and oversight. “Leaders should get the message out about how to respond during encounters — stay calm, don’t resist and understand your rights,” he said. “And cities should track what happens to people who are detained to ensure their rights are protected.”