Supreme Court of Colorado

Bernardino Fuentes-Espinoza, Petitioner v. the People of the State of Colorado, Respondent

October 10, 2017408 P.3d 445

Summary

The court held that the federal immigration framework preempts Colorado's human-smuggling statute under both field and conflict preemption. It exercised discretion to consider the otherwise unpreserved preemption claim, concluding that the federal scheme comprehensively regulates transportation, concealment, and inducement of unlawfully present aliens and that Colorado's differing penalties and broader conduct requirements obstruct Congress's objectives. The judgment was reversed and the case remanded for vacation of the convictions. Justice Eid, joined by Justices Coats and Boatright, dissented, reasoning that the state statute protects passengers from smuggling while federal law targets violations of immigration law.