"If the federal government wants to enforce immigration laws, that should be on their dime, not on our dime” -Gov. Polis 1/10/25
"We aim ... to show hardworking taxpayers that we ... will be good stewards of their tax dollars" -Gov. Polis 1/9/25
THE GOVERNOR'S ILLEGAL ICE COLLABORATION, & THE COURT ORDER AGAINST IT:
In public statements, and laws signed by Governor Polis, the Polis administration has reassured Colorado: You can use our services without fear we'll misuse your information to help federal immigration authorities seize and deport you, family members, or others in your community. So Coloradans have trusted that they can safely report labor or other violations, use schools or health services, and claim unemployment, family/medical leave, or other benefits they paid for.
But in May 2025, Governor Polis directed state employees to violate those rights, promises, and laws -- by illegally turning over individuals' personal information to federal Immigrations and Customs Enforcement (“ICE”), to help ICE haul immigrants to deportation proceedings. This put state workers at risk of large personal penalties, under the laws Polis himself signed.
To fight this illegality, on June 5, Moss v. Polis (complaint & exhibits linked) was filed by Scott Moss (Director of the Colorado Division of Labor Standards & Statistics, suing in his personal capacity as a state resident & employee), then quickly joined by a coalition: Colorado WINS (the union of 27,000 state workers); Colorado AFL-CIO (with 130,000 union members); & Towards Justice (a legal services/advocacy non-profit serving low-wage & immigrant workers).
The court issued a verbal order on June 25, followed by a written order on July 9, directing Governor Polis to cease requiring Division of Labor Standards & Statistics staff to send ICE information on those in labor investigations. This was emergency relief, early in the case, so it's not a permanent ruling (which is yet to be determined, and may come in months or later), and it bars disclosure from just the agency from which early evidence was known.
But Governor Polis is still is trying to serve ICE by fighting our case, so we invite any other tips, and any support from other state workers, on efforts to illegally help ICE by disclosing personal information from state or local governments.
THE PARTIES' COURT FILINGS ON THE INJUNCTION:
Plaintiff's request for the court to issue orders disallowing voluntary disclosure to ICE until later court proceedings, with Exhibits 1 & 2 (ICE subpoena to state labor department for personal identifying information, p.17-23; Moss memo, p.24-27) (filed 6/5/25, amended 6/6/25)
Stipulation by Governor Polis to postpone any enforcement of ICE subpoena as requested until the court holds a hearing in June (filed 6/5/25)
Defendant's opposition to the request for orders against disclosing to ICE with Exhibit 1 (witness declaration) (filed 6/16/25)
Plaintiffs' reply supporting the request for orders against disclosure to ICE, with Exhibit 3-6 (ICE & other federal reports & memos, p.13-55) (filed 6/16/25)
Amicus brief of former federal officials in support of Plaintiffs (filed 6/20/25)