DENVER–A Denver district court judge in November rejected Gov. Jared Polis’ request to dismiss a lawsuit in which Polis is accused of breaking the very state law he signed prohibiting state agencies from turning over personal immigration related data to federal officials.
The lawsuit in question was filed June 4 by a former a state labor department staffer, Scott Moss, who has since stepped down. Moss claims Polis instructed him to comply with a federal subpoena from Immigration & Customs Enforcement (ICE) requesting personal information on 35 people providing homes for unaccompanied immigrant children.
In its subpoena, ICE said it was requesting the information as part of a criminal investigation intending to check on children living with their sponsors to ensure they are not in danger of human trafficking.
The information requested includes unemployment benefits, insurance records, employer information, phone numbers, emails, and home addresses.
As previously reported by Complete Colorado, Gov. Polis on May 23 signed Senate Bill 25-276, both reinforcing and expanding limits on cooperation with federal immigration officials, including severe restrictions on state agencies sharing immigration-related data.
Those who violate the law could face a $50,000 fine, which is funneled into the Immigration Defense Fund, providing ‘free’ legal services to immigrants detained in Colorado.
Rather than Attorney General Phil Weiser’s office providing legal services for this case, the state has hired outside attorneys for Gov. Polis at taxpayer expense.
Polis, for his part, argues that the new law includes appropriate exemptions allowing compliance with the subpoena, and highlights the importance of working with federal officials to apprehend and prosecute criminals.
“We are deeply committed to working with our federal partners and will continue to fully participate in federal task forces that take down criminals, such as building cases against child sex traffickers and multinational drug rings,” Polis said in his signing statement for the bill.
In his request to dismiss the case, Polis argued that because Moss retired from his position with state government on Aug. 12, he has no standing to sue. Additionally, Polis argues that the non-profit law firm Towards Justice, which is a part of litigation, also lacks standing.
Denver District Judge Bruce Jones on Nov. 26 denied Polis’ request, ruling that Moss and Towards Justice both have grounds to sue. The order blocks Governor Polis from instructing any more state workers to comply with the subpoena during the lawsuit.
A spokesperson for the administration released a response saying that while Gov. Polis disagrees with the decision, “he respects the opinion regarding standing and cannot comment further on pending litigation.”
Jones has given Polis’ attorneys until Dec. 10 to submit a response to the complaint.

