Response to Informal Petition - Questions About ICE & Rights

On Dec. 2, 2026, an informal petition was brought to city council. It contains questions about ICE and how the city will ensure that Lovelander’s rights are upheld and that they can exercise them without fear of retaliation. You can read it on page 18 of the agenda packet. Below is the city’s response, prepared by our city attorney, followed by some answers to other questions in the petition that I have answered personally.

City’s Response

The petition expresses resident concerns regarding potential federal immigration enforcement (ICE) activities, the presence of the National Guard, and the rights of protesters. The petitioners request specific answers regarding Loveland Police Department (LPD) procedures and a public declaration of support for resident rights. To be sure, this petition is informal and the City has no legal obligation to respond, however, the City desires to respond in the name of community engagement and transparency.

This note provides broad responsive statements without providing legal advice, specifically clarifying the City’s traditional jurisdictional limitations under the Supremacy Clause of the U.S. Constitution and detailing the City's obligations under Colorado state law regarding "non-cooperation" with federal immigration authorities.

Jurisdictional Limitations (The Supremacy Clause)

The petition requests that the City require ICE agents to "not wear masks, identify themselves, and require them to act within the bounds of the law" and asks, "How close can ICE be to schools?" Under the Supremacy Clause of the U.S. Constitution, federal law and the operations of federal agencies generally preempt local municipal code. The City of Loveland does not have the legal authority to:

  • Regulate the uniforms, identification protocols, or tactical equipment (masks) of federal agents.

  • Restrict the movement of federal agents on public property, including proximity to schools.

  • Direct the operations of the National Guard (which falls under the jurisdiction of the Governor of Colorado or the President of the United States).

While the City cannot regulate federal agents, criminal impersonation of a peace officer is a violation of state law. If "nefarious impersonators" are harassing residents, LPD has full authority to investigate and enforce standard criminal statutes protecting public safety.

Colorado State Law on Non-Cooperation Concerning Immigration Enforcement

The petitioners ask what procedures the City has directed LPD to take regarding ICE and request legal citations for police cooperation.

The City of Loveland and the LPD operate under state statutory guidelines that limit cooperation with federal immigration enforcement. The primary governing statute is C.R.S. § 24-76.6-101 et seq., codified from House Bill 19-1124 ("Protect Colorado’s Residents From Federal Government Overreach"). The aforementioned Colorado law prohibits local law enforcement officers from arresting or detaining an individual solely on the basis of a civil immigration detainer (a request from ICE) that is not accompanied by a warrant signed by a judge. C.R.S. § 24-76.6-102(2) states, in relevant part, that a peace officer shall not arrest or detain a person based on an administrative warrant or a civil detainer.

State law generally separates local policing from federal immigration enforcement to ensure victims and witnesses feel safe reporting crimes.

LPD officers do not act as federal immigration agents. They do not ask about immigration status during routine stops or calls for service unless it is directly relevant to the investigation of a criminal offense (e.g., human trafficking).

City resources (funds, equipment, personnel) cannot be used to assist in the enforcement of federal civil immigration laws.

In response to the specific question of what procedures LPD follows, the legal answer is that LPD adheres to Colorado state law, which mandates that local police do not enforce civil immigration violations and do not honor ICE detainers without a judicial warrant.

First Amendment and Right to Protest

The petitioners ask about the City's procedures for protests and request a declaration of support for free speech. The City of Loveland is legally bound by the First Amendment of the U.S. Constitution and Article II, Section 10 of the Colorado Constitution.

  • Neutrality: The City must remain content-neutral. We protect the right to protest regardless of the viewpoint expressed.

  • Public Safety: While the right to assemble is fundamental, it is not absolute. The City may enforce reasonable “time, place, and manner” restrictions (e.g., prohibiting blocking active traffic or violence).

LPD Role: LPD’s directive during protests is to preserve the peace and protect the constitutional rights of all individuals, including protesters, counter-protesters, and bystanders. Violence or property destruction converts a peaceful assembly into an unlawful assembly or riot, at which point LPD is authorized to intervene to restore order under C.R.S. § 18-9-101 et seq. (Offenses Against Public Peace, Order, and Decency).

Conclusion

The "agenda" referenced by petitioners involves federal policy decisions outside the City's control. However, the City can affirmatively state that:

  • We Follow State Law: Loveland adheres to Colorado law that prohibits the use of local police resources for civil immigration enforcement.

  • We Prosecute Impersonation: LPD will investigate any reports of individuals criminally impersonating law enforcement officers.

  • We Uphold the Constitution: The City remains committed to protecting First Amendment rights for all residents.

Learn More

If you want to learn about your rights, visit the Colorado Immigrant Rights Coalition website for trainings and more. The American Civil Liberties Union also hosts Eyes on ICE: Document and Record trainings.

My Responses (Select Questions)

Below are my responses to some of the questions in the petition. Please note that these answers do not reflect the opinion of the City of Loveland or city council as a whole.

Has city council had a conversation about ICE activity in Loveland?

No, to my knowledge, the city council has not had a conversation about ICE activity in Loveland. I have personally called the Colorado Immigrant Rights Coalition to learn about ICE activity in Loveland.

Has city council had a conversation about residents protesting?

To my knowledge, the city council has not discussed residents protesting.

We request you put out a public declaration of support of residents who choose to exercise their right to free speech.

The first amendement states that, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

This first amendement, in my personal opinion, is a fundamental bedrock of our democracy. None of us are free to participate in our democracy if the government dictates our religious beliefs, or jails us for speaking out against power (in speech or print), or violently disperses peaceful groups gathering to ask for change to the status quo, or if it disappears people who demand that their government take action on their needs.

I support all residents who choose to exercise their right to free speech in public meetings, on sidewalks, and anywhere else.