Whistleblower Lawsuit Challenges Gov. Polis Over ICE Subpoena Compliance

Strategic Insights -

Gov. Jared Polis' decision to have state employees produce information for a U.S. Immigration and Customs Enforcement (ICE) subpoena has sparked a whistleblower lawsuit, with a state official alleging that the move may have violated a state law meant to protect immigrants. The subpoena, which sought personal information about people who house and care for unaccompanied immigrant children, was deemed a potential threat to these vulnerable populations. State officials testified that the governor's office wanted to ensure the children were properly cared for, but critics argue that the disclosure of personal identifying information could be used for immigration enforcement.

Key Takeaways:

  • The lawsuit, brought by Scott Moss, director of the state Division of Labor Standards and Statistics in CDLE, alleges that Polis' direction to comply with the ICE subpoena may have violated a 2021 state law that prohibits state employees from sharing personal identifying information for federal immigration enforcement unless it is part of a criminal investigation.
  • Moss claimed that disclosure of the requested information would be a misuse of state resources and could lead to retaliation against the individuals involved.
  • The court will continue to hear testimony from state officials and other witnesses, including Diane Byrne, president of Colorado WINS, the union representing over 27,000 state workers, who described the intimidating environment that made it difficult for employees to say "no" to the governor's directive.
  • Polis' lawyers contend that the subpoena was specific and pertained to potential human trafficking and a related criminal investigation, not immigration enforcement.
  • The outcome of this case will determine whether the governor's directive to comply with the ICE subpoena is valid or if it violates state law.

Statistics:

  • The ICE subpoena sought information about 35 sponsors of unaccompanied immigrant children, with the stated goal of ensuring the children were properly cared for and not exploited.
  • The 2021 state law that prohibits the disclosure of personal identifying information for federal immigration enforcement was updated and expanded this year.
  • Over 27,000 state workers are represented by Colorado WINS, the union that has joined the whistleblower lawsuit.
  • The case is currently being heard in Denver District Court by District Judge A. Bruce Jones.

Sources:

  • Colorado Newsline, Witness testimony begins in whistleblower lawsuit over ICE subpoena compliance
  • Colorado Newsline, Colorado immigrant protection bill: Critics slam Polis over ICE policy after court hearing
  • Colorado Newsline, Polis' ICE policy sparks U.S. Labor Department complaint
  • [https://coloradonewsline.com/](https://coloradonewsline.com/)