A Senate panel unanimously advanced legislation Thursday that, if enacted, would allow immigrants who plead guilty to certain crimes a way to remedy resulting immigration consequences. 

Senate Bill 103 would let criminal defendants challenge their guilty pleas for municipal offenses and class 1 or 2 misdemeanors if they had not been advised of the immigration consequences prior to making their plea. They can then petition the court for an order vacating the guilty plea.

Denver immigration attorney Hans Meyer said pleading guilty to a crime, even when minor, can cause devastating effects on an individual’s immigration status.

“Some of those consequences include making a lawful, permanent resident — somebody with a green card — deportable for a very minor offense,” Meyer said. “It can also trigger mandatory immigration detention without the right to bond. It can bar a person from naturalization to become a citizen so they can become a fully voting member of the community.”

Meyer said for young people under Deferred Action for Childhood Arrivals, a guilty plea could result in the loss of their status entirely, resulting in potential deportation from the only country they’ve ever known.

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Under the bill, such consequences could be avoided for people who unknowingly pleaded guilty to low-level crimes, including disorderly conduct, trespassing, shoplifting, theft or criminal mischief. Defendants who plead guilty to more serious crimes covered under the Victim Rights Act would not be able to challenge their pleas.

Bill sponsor Sen. Julia Gonzales, D-Denver, said she used to work as a paralegal and encountered many immigrants who were “failed by the advisements being made” and didn’t know what would happen after pleading guilty to crimes. 

“We, in this state, should ensure that all pleas are knowing, intelligent and voluntary,” Gonzales said. “There aren’t a ton of lobbyists clamoring to testify regarding this bill. You probably haven’t heard much about it, but there is a small group of people for whom SB-103 would be incredibly beneficial.”

From 2017 to 2021, 64,036 criminal cases in Colorado resulted in guilty pleas for class 1 or 2 misdemeanors. Of those, approximately 630 people would be eligible to challenge the guilty plea under the bill, according to state estimates. 

In addition to receiving unanimous approval from the Senate Judiciary Committee, no one testified in opposition to the bill on Thursday. The Colorado Criminal Defense Bar and Colorado Immigrant Rights Coalition support the bill, while the Colorado District Attorneys’ Council is neutral.

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