Colorado Judge Blocks Governor’s Order for Employee Information to ICE
A Colorado judge has ruled that the state’s governor cannot mandate that a state employee disclose personal information regarding sponsors of unaccompanied immigrant children to federal immigration authorities. Denver District Court Judge A. Bruce Jones issued a preliminary injunction on Wednesday, declaring that any attempt by Governor Jared Polis to comply with a subpoena from U.S. Immigration and Customs Enforcement (ICE) would breach state laws designed to protect immigrant data.
Judge Jones emphasized that these state laws, enacted in 2021 and 2025 and supported by Polis, restrict Colorado officials from sharing residents’ personal details with ICE unless the information pertains to a criminal investigation. He noted that the subpoena in question does not fall under the allowed exceptions that permit data sharing for criminal investigative purposes.
However, Jones did clarify that his decision does not completely bar the governor from exploring other avenues to respond to the subpoena. “I will not go broader than that,” stated Jones, indicating that he wouldn’t prohibit further actions by the governor regarding the subpoena if he chooses to pursue them.
A Setback for Governor Polis
This tentative ruling serves as a significant setback for Polis, who has faced criticism from members of his own Democratic Party for his initial decision to comply with the ICE request. Notably, two state senators, Mike Weissman and Julie Gonzales, testified against the governor in court.
In May, Polis decided to move forward with releasing the personal information of around 35 Colorado residents to ICE following a subpoena issued to the state’s labor department in April. This led Scott Moss, the director of Colorado’s Division of Labor Standards and Statistics, to file a lawsuit earlier this month to prevent the release, arguing that doing so would violate state laws aimed at protecting immigrant information. Moss expressed concern that ICE’s intent behind requesting the information was to hunt down and deport the minors involved.
“The statute is about the personal, private information of immigrants and those who work with immigrants,” Moss indicated. “If that promise is broken, then the state cannot be trusted.”
Details of the Subpoena
Presenting arguments in court, Moss stated that ICE requested various personal details, including addresses, phone numbers, and employment information for the adult sponsors. Judge Jones pointed out that the governor’s office claims that ICE needs this data for a criminal investigation related to child abuse, although the Polis administration has not specified any alleged crimes committed by the vetted sponsors.
Following Moss’s legal action, Polis agreed to delay compliance with the ICE subpoena until the court’s ruling. A spokesman for the governor stated that the office is assessing the implications of the judge’s decision and considering future actions.
Insight into Compliance Concerns
During testimony, Joe Barela, executive director of the Colorado Department of Labor and Employment, stated he was unaware of any evidence supporting concerns about the care of the immigrant children or ongoing criminal investigations into their well-being. “This isn’t a criminal investigation at all,” said Laura Wolf, Moss’s attorney. “It’s essentially a fishing expedition.”
| Details | Information |
|---|---|
| Judge | A. Bruce Jones |
| Injunction Issued | Preliminary injunction against ICE subpoena |
| Governor | Jared Polis |
| Number of Sponsors Affected | 35 Coloradans |
Moss, celebrating the ruling, stated it signifies that Colorado’s legal commitments remain intact, assuring residents that the state will adhere to its promises in handling immigrant matters. “The state isn’t going to just stop, collaborate and listen to ICE; it will respect the law and serve the people of Colorado first,” Moss concluded.
