Polis sued over ICE data handoff involving migrant child sponsors
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Gov. Jared Polis faces a lawsuit tied to immigration. Photo: Hyoung Chang/The Denver Post via Getty Images
In the same week that activists sounded the alarm over a recent uptick in ICE arrests at Denver's federal immigration court, a senior state official sued Gov. Jared Polis, accusing the Democrat of aiding the Trump administration's immigration crackdown.
The big picture: The whistleblower lawsuit — filed Wednesday by Scott Moss, one of the governor's top labor officials — alleges that Polis ordered state employees to hand over personal information on residents sponsoring unaccompanied migrant children, despite laws the governor signed explicitly prohibiting such cooperation with federal immigration enforcement.
- According to the lawsuit, Polis' contested directive ordered staff to comply with a Department of Homeland Security subpoena or risk termination.
Why it matters: The governor now stands further at odds not only with the legislature and local leaders who have long resisted federal immigration enforcement, but with his own record.
- Just weeks ago, Polis increased protections for immigrants. Now he is accused of undercutting them.
Catch up quick: On April 24, Homeland Security Investigations subpoenaed the state of Colorado for wage data, leave filings, home addresses and more on 35 sponsors of unaccompanied minors.
- Polis' office initially resisted. Weeks later, however, the governor allegedly reversed course and ordered compliance, despite a 2025 law barring such disclosures without a court order.
What they're saying: "Colorado is not a sanctuary state," Polis spokesperson Eric Maruyama told Axios Denver in a statement. "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' office told The Lever, which first reported the lawsuit, the subpoena falls under a narrow legal exception for criminal investigations, and the law allows cooperation in such cases.
Flashback: In January, Polis told reporters that Colorado's role was to assist with federal criminal investigations, not act as an "extension of the (U.S.) government" on immigration enforcement.
The other side: In a statement to Axios Denver, Moss' attorney Laura Wolf countered claims made by the governor's office.
- "ICE never claimed nor showed evidence of crimes against children," Wolf said.
- "ICE admits it wants the state's help finding children" it already apprehended "to make sure they're 'cared for' and not 'exploited,'" but that "does not turn civil immigration proceedings into criminal investigations," she said.
Zoom out: The alleged cooperation comes as ICE has ramped up arrests in Denver's immigration courthouse. There were at least eight in the past week, including a toddler and a 6-year-old, Jennifer Piper of the American Friends Service Committee told reporters Thursday.
- Piper and several immigrant advocates said ICE agents have been waiting in hallways, often in plain clothes, to apprehend people attending court.
- "What we are seeing here I have not seen in the 20 years that I have been a part of the immigrant rights movement," Piper said.
What's next: Moss is seeking an emergency injunction to block the data release, while advocates are urging the state to strengthen its immigrant safeguards.
Editor's note: This story has been updated with new details throughout.