Judge blocks Colorado governor from forcing some staff to aid ICE subpoena
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Colorado Gov. Jared Polis. Photo: Helen H. Richardson/MediaNews Group/The Denver Post via Getty Images
A Denver judge on Wednesday granted a preliminary injunction blocking Colorado Gov. Jared Polis from ordering certain state employees to comply with an ICE subpoena for personal information about undocumented children and their sponsors.
The big picture: The ruling delivers a legal setback to Polis and a win for whistleblower Scott Moss, a top labor official in the governor's administration, who sued to block the disclosures.
Yes, but: The preliminary injunction applies only to Moss and the staff he oversees. It doesn't stop Polis from ordering compliance from other state employees with access to the same records.
What they're saying: Denver District Judge A. Bruce Jones called the ICE subpoena "overbroad," noted that it wasn't issued by a court, and suggested it may serve purposes beyond what's stated, including to help with deportation efforts.
- But the judge kept his ruling narrow: "I don't have the information about what other division chiefs think" about complying with the subpoena, he said Wednesday. "Therefore I'm not comfortable going beyond what I've done here."
Between the lines: Wednesday's ruling reignites scrutiny over the Democratic governor's decision to override state legislation he signed into law — which limits state cooperation with federal immigration enforcement in non-criminal matters.
Catch up quick: ICE's administrative subpoena, issued in April, sought names, home addresses, wages and more for 35 Colorado-based sponsors of unaccompanied immigrant children. The purpose, it claimed, was ensuring minors released to sponsors were safe.
- Polis initially resisted complying but reversed course weeks later, ordering staff to turn over documents or risk "immediate discipline or termination," court records allege.
State of play: Moss, along with the two labor unions and nonprofit that joined the lawsuit, argued Polis' order violated Colorado law prohibiting state employees from sharing noncitizens' personally identifiable information to federal immigration authorities.
- Polis' lawyers argued the subpoena related to a criminal investigation into possible child trafficking and whether the children were properly cared for, not to immigration enforcement. They also maintain there has been no threat to Moss' employment.
Reality check: The subpoena reviewed by Axios Denver makes no mention of any open criminal investigation, but instead references "conducting investigative activities" to address general risks of trafficking or exploitation.
- Notably, a checkbox on the subpoena that would formally classify the request as involving child exploitation crimes was left blank.
- "Am I going to believe you or my own lying eyes?" the judge told Polis' attorney on Monday, per Colorado Newsline. "When I read [the subpoena], it doesn't say it's for the purpose of a criminal investigation. This is posited as a welfare check."
By the numbers: At least 407 unaccompanied minors who entered the U.S. illegally and were detained by immigration authorities have been placed with sponsors in Colorado between October 2024 and May 2025, the Colorado Sun reports from federal data.
What we're watching: A hearing for a permanent injunction could be scheduled in the coming weeks.