New legal requirements restrict retention of employee identification documents

Colorado employers should review their Form I-9 and employment eligibility verification procedures following the enactment of House Bill (HB) 26-1283. The new law became effective on June 3, 2026, and added new restrictions on an employer’s possession and retention of government-issued identification documents.

What the law says

The new law, codified at C.R.S. § 8-2-124.5, generally prohibits an employer or its agent from demanding, confiscating, retaining, or otherwise requiring an employee, applicant, or other individual performing or seeking work to surrender a government-issued identification card. The law does, however, recognize the practical need for employers to review identification documents when completing Form I-9.

You may request and temporarily possess a government-issued identification card for purposes of verifying employment eligibility on Form I-9 or a successor form. If you take possession of an original identification card, you may retain the original only as long as necessary to complete the verification and make a permitted copy, and never for more than 10 hours. You may retain a copy of the document in your employment records.

The law also permits retention of an identification document when otherwise required or permitted by state or federal law or regulation, or under a signed judicial warrant.

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