Jared Polis agrees to hold off on complying with ICE subpoena until June 23 as whistleblower lawsuit plays out
The director of the state Division of Labor Standards and Statistics sued the governor last week arguing that complying with the subpoena, as Polis directed, would violate state law
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Colorado will not comply with a subpoena from federal immigration agents to turn over the personal information of 35 people who are sponsors of unaccompanied immigrant minors until at least June 23, lawyers for Gov. Jared Polis said in court Monday.
That’s when attorneys for Polis and state Division of Labor Standards and Statistics Director Scott Moss will meet in court again.
Moss alleges that Polis ordered him and his team to comply with an April 24 subpoena from U.S. Immigration and Customs Enforcement seeking personal information about 35 people who are caring for immigrant children whose parents are absent.
Polis agreed to hold off on complying with the request after Moss filed a whistleblower lawsuit against the governor last week arguing that complying with the ICE subpoena would violate state law.
Moss’ lawyers are asking Denver District Judge A. Bruce Jones to bar the state from complying with the April 24 subpoena from ICE.
At a hearing on Monday, Jones appeared hesitant to decide the case without hearing first from ICE.
Lawyers for Polis said the state risks consequences from the U.S. Department of Homeland Security for not complying by its June 16 deadline.
Thomas M. Rogers, an attorney representing the governor, called the subpoena “straightforward.”
“[Moss’ lawyers] want to make this a circus about the deportation of kids, not what it is on its face . . . a straightforward case,” he said.
Moss’ lawsuit said the state received the subpoena from ICE requesting the personal information from the 35 sponsors, including their unemployment benefit filings, insurance records, employer information, addresses and telephone and email contact information.
Sponsors are adults who agree to provide care to immigrant minors when their parents are absent and are usually family members. All sponsors must pass a background check, according to the U.S. Department of Health and Human Services.
Moss alleges that complying with the subpoena would violate state laws Polis signed in 2021 and 2025.
The laws said government agencies and their employees “shall not disclose . . . personal identifying information that is not publicly available information for the purpose of investigating for, participating in, cooperating with, or assisting in federal immigration enforcement, including enforcement of civil immigration laws.”
Moss’ lawsuit said the subpoena says the request is “in connection with an investigation or inquiry relating to the enforcement of U.S. immigration laws” to “ensure that the children are being properly cared for.”
Polis has defended his decision to urge the labor department to comply, saying ICE plans to use the information to investigate potential criminal activity.
“Helping our federal law enforcement partners locate and, if necessary, rescue children being abused and trafficked is not only in line with the law but also a moral imperative,” Polis’ spokesman Eric Maruyama last week.
A lawyer for Moss, Laura Beth Wolf, said she does not believe the information is being used to investigate human trafficking.
“There is … evidence that that is not true,” she said.
This is a developing story that will be updated.
