Colorado is taking a stronger stance on worker autonomy and fair treatment.
In June 2026, Colorado enacted HB26‑1283, a law aimed at protecting workers from coercive and abusive practices involving their identity documents. At its core, the legislation ensures that individuals maintain control over their government‑issued identification, something especially critical for immigrant, seasonal, and vulnerable workers.
What the Law Prohibits
HB26‑1283 makes it illegal for employers (or their representatives) to:
- Demand that employees or job applicants surrender their identification documents
- Confiscate, retain, or otherwise hold documents such as passports, driver’s licenses, or work permits
This protection applies broadly not just to current employees, but also to applicants and individuals seeking work.
Why This Matters
Historically, some employers have used identity documents as leverage to control workers, particularly in industries relying on migrant labor. By restricting access to personal IDs, employers could limit workers’ ability to leave jobs or seek help.
HB26‑1283 directly addresses this issue by reinforcing a simple principle: Workers should always retain possession of their own identification.
Penalties for Violations
The law carries real consequences:
- Knowingly holding or confiscating someone’s ID is a Class 2 misdemeanor
- If the act is done to intimidate or discriminate, it can escalate to a bias‑motivated crime (Class 1 misdemeanor)
Additionally, threatening to share someone’s identification with immigration authorities, outside of legal requirements can trigger enhanced penalties.
Implications for Employers and HR Teams
For HR and compliance professionals, the law reinforces best practices already tied to I‑9 compliance:
- You may review identity documents for verification
- You may not retain or control the original documents
Allowed: Reviewing documents and keeping copies (if company policy applies consistently)
Not allowed: Holding onto original passports or IDs
Here’s an example:
- Compliant: HR reviews an employee’s passport and returns it immediately
- Violation: HR keeps the passport “for safekeeping”
- Severe violation: Employer threatens to send passport details to ICE if employee quits
This distinction is critical. Even well‑intentioned actions, such as holding a passport for “safekeeping,” could now expose organizations to legal risk. This law is less about paperwork and more about power. It ensures that workers, regardless of status or background, retain control over their identity and are protected from coercion in the workplace.
Vijay Thakkar has more than 12 years of HR Operations experience, including 8 years helping employers improve their Form I-9 management and E-Verify compliance, especially for mergers & acquisitions, internal and external I-9 audits, training and development, migration to the electronic system, I-9 escalations, quality checks, strategic planning, and building standard operating procedures with a keen interest in US immigration and global mobility.
Prior to joining Experian, Thakkar has served as Levi Strauss & Co’s I-9 subject matter expert, an investigator to the behavioral health unit at the US Army, and Sustainability Analyst at his alma mater the University of Texas at Arlington from where he earned his Master’s in Human Resource Management and MBA.
