Colorado Restricts Employer Retention of Employee Identification Documents - HR ALERTS

Colorado Restricts Employer Retention of Employee Identification Documents

Effective Date: June 3, 2026

Under Colorado's Protections Regarding Seizures of Identification Documents Act (H.B. 26-1283), employers are prohibited from taking, retaining, or requiring applicants or employees to surrender government-issued identification documents.

An exception applies during the Form I-9 employment eligibility verification process. Employers may temporarily hold an employee's identification document only as long as necessary to verify employment eligibility and make a copy, and for no more than 10 hours.

Why This Matters

Employers should review onboarding and I-9 procedures to ensure identification documents are returned promptly and that the required notice and acknowledgment process is implemented.

Recommended Next Steps

• Update I-9 and onboarding procedures

• Develop a compliant notice and acknowledgment form

• Train staff responsible for employment verification

• Ensure identification documents are returned within the required timeframe

Reference:    CO HB26-1283 

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