Legal pressure mounts against Gov. Polis over ICE data disclosure
Add Axios as your preferred source to
see more of our stories on Google.
Colorado Gov. Jared Polis. Photo: Chet Strange/AFP via Getty Images
Legal pressure is mounting against Democratic Gov. Jared Polis after revelations that he ordered state officials to comply with an ICE subpoena and hand over personal data of undocumented children in Colorado to federal immigration agents.
The latest: Colorado WINS — the union representing more than 27,000 state workers — civil rights group Towards Justice and labor organization Colorado AFL-CIO announced Monday they're joining as plaintiffs on a whistleblower lawsuit filed last week by Scott Moss, a senior labor official in Polis' administration.
- The groups accuse the governor of "colluding" with ICE agents and violating multiple state laws that restrict cooperation with federal immigration enforcement in non-criminal matters.
The intrigue: Polis has agreed not to act on the subpoena until after the judge rules on a request for a temporary restraining order and injunction, according to his attorney's court filing last week.
The big picture: The backlash highlights growing fractures in Polis' support among labor leaders, civil rights advocates and Latino Democrats — many of whom viewed him as an ally.
- Just weeks ago, Polis signed a bill prohibiting state and local officials from collecting or sharing information about immigration status unless it directly involves a criminal investigation.
What they're saying: "The actions that Gov. Polis has taken are undermining public trust in our state government," Colorado WINS president Diane Byrne said at a news briefing on the steps of Denver City Hall on Monday.
- "This action by the governor represents a betrayal to the immigrant community of our state," the Colorado Democratic Latino Caucus said in a statement Monday, adding that Polis has turned "his back on some of the most vulnerable residents."
Catch up quick: On April 24, the U.S. Department of Homeland Security subpoenaed the state labor department for detailed records — including wage data, leave filings and home addresses — for 35 people sponsoring unaccompanied migrant children.
- According to the records, Polis initially resisted but later reversed, ordering staff to comply or face termination.
The other side: The governor's office defends its action, saying it was a criminal matter. "We are committed to partnering on criminal investigations ... including to protect against human trafficking and child exploitation," Polis' spokesperson Eric Maruyama told us.
Reality check: The subpoena reviewed by Axios Denver makes no mention of any open criminal investigation, nor is it court-ordered.
- Instead, the administrative request references broad "investigative activities" to ensure children released to sponsors were safe — citing general risks of trafficking or exploitation.
- Crucially, a checkbox on the subpoena that would formally classify the request as involving child exploitation was left blank.
The bottom line: Polis' office appears to be casting a civil immigration enforcement request as a criminal matter — sidestepping state law to justify a politically risky decision of turning over immigrant data to ICE.
Editor's note: This story has been updated to reflect that Colorado AFL-CIO is joining Scott Moss' lawsuit.