HB1023 requires that institutions report on the verification of lawful presence,
of a student, to the state if the student is the recipient of state benefits.
Verification of Lawful Presence
Colorado law requires state agencies and institutions of higher education to
verify the lawful presence in the United States of all persons 18 years of age
or older for receipt of public benefits, such as financial aid, by requiring the
applicant to produce one of the following forms of identification:
(1) Valid Colorado Driver’s License or a Colorado Identification Card
(2) U.S. Military Card or a Military Dependent’s Identification Card
(3) U.S. Coast Guard Merchant Mariner Card
(4) Native American Tribal Document
(5) An alternative form of identification as listed in the Department of
Revenue’s Rules for Evidence of Lawful Presence, 1 CCR 201-17.
An applicant also must execute an affidavit stating that he or she is a U.S.
citizen or legal permanent resident; or that he or she is otherwise lawfully
present in the U.S. pursuant to federal law. (C.R.S. §24-76.5-103(4)).
All applicants for state-funded financial aid must meet the identification
requirements of C.R.S. §24-76.5-103(4) the Department of Revenue’s Rules for
Evidence of Lawful Presence, 1 CCR 201-17, which are effective as of August 1,
2007. Institutions must satisfy the verification requirements of C.R.S.
§24-76.5-103(4) in a manner consistent with statutory requirements, Attorney
General Guidance and CCHE policy. CCHE shall audit institutions to ensure
An applicant may also meet the requirements of this statute for state-funded
financial aid through any waivers granted by the Department of Revenue as
provided for in the Department of Revenue’s Rules for Evidence of Lawful
Presence, 1 CCR 201-17, which are effective as of August 1, 2007.