Denver Judge Blocks Gov. Polis from Complying with Federal Immigration Subpoena
A Denver judge ruled on Wednesday that state law does not permit officials to fulfill a federal immigration subpoena that Gov. Jared Polis had chosen to adhere to. The judge prohibited the governor from instructing a senior state employee, Scott Moss, and his staff from handing over personal information to authorities.
Although District Judge A. Bruce Jones did not block Polis or other state officials from responding to the subpoena, he emphasized the importance of notifying individuals before disclosing their employment and health records to ICE agents. The subpoena specifically requested records on 35 people, including sponsors of unaccompanied and undocumented children.
The temporary order issued by Judge Jones prevents Moss and his staff from complying with the subpoena until the lawsuit against Polis progresses. Moss, who serves as a director in the state Department of Labor and Employment, filed the lawsuit alleging that fulfilling the subpoena could lead to the deportation of children and violate state laws prohibiting information sharing with ICE.
Throughout the hearing, Judge Jones expressed skepticism about Polis’ argument that the subpoena was related to a criminal investigation, which would justify sharing the information with ICE. Jones reiterated that complying with the subpoena would violate state statutes.
While Jones did not restrict Polis or other state employees from bypassing Moss and his team, he did mention that two labor unions and a nonprofit law firm involved in the case did not provide sufficient arguments for broader injunctions.
In response to the ruling, Polis’ spokeswoman Shelby Wieman stated that the governor’s office would respect the court’s decision. It remains unclear whether Polis will comply with the subpoena or only adhere to the court’s directive not to order Moss to do so.
Attorney Laura Wolf, representing Moss, did not immediately comment after the ruling.
Polis’ office asserted that the April subpoena was part of an investigation into child abuse and exploitation to protect children from trafficking and harm. However, the subpoena did not specify a criminal investigation, and Polis’ legal team did not provide evidence supporting such claims.
The subpoena, labeled an “immigration enforcement subpoena,” referenced investigative activities related to child welfare but did not indicate child exploitation as the reason for the request. Testimony from the labor department’s executive director revealed no efforts by Polis’ office to verify the existence of the alleged investigation or any instances of child abuse.
In her statement, Wieman emphasized Polis’ commitment to cooperating with federal investigations into child trafficking and exploitation, urging Homeland Security Investigations (HSI) to follow the court’s ruling when requesting state information.
Despite Polis’ intentions, no state agency had taken steps to ensure the well-being of the children mentioned in the subpoena. Moss’ attorney criticized Polis for prioritizing political ambitions over community rights.
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