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Polis Delays ICE Subpoena Compliance During Whistleblower Lawsuit

Polis set a June 23 deadline to decide if the ICE subpoena violates Colorado privacy laws.

Colorado state Sen. Julie Gonzales speaks during a rally and news conference on the steps of the City and County Building in Denver on June  9, 2025. Labor and civil rights leaders spoke out against the arrest of a California union president during demonstrations there against immigration enforcement authorities as well as the Colorado governor's intention of cooperating with an ICE subpoena for information, the subject of a recent whistleblower lawsuit. (Photo by Helen H. Richardson/The Denver Post)

Overview

  • The ICE subpoena, issued April 24, demands labor and personal records for 35 adults sponsoring unaccompanied immigrant minors, including unemployment filings, insurance documents and contact information.
  • Scott Moss filed a whistleblower suit under Colorado’s 2021 and 2025 privacy laws, arguing the administrative subpoena lacks judicial oversight and probable cause for a criminal investigation.
  • Governor Polis initially ordered state officials to comply under threat of termination but maintains the request supports criminal probes into child exploitation and trafficking.
  • Denver District Judge A. Bruce Jones expressed reluctance to rule without input from ICE and scheduled a further hearing to address the legal challenges.
  • The case follows similar ICE demands in California and could shape enforcement actions against jurisdictions labeled sanctuary areas by President Trump.