Colorado Governor Loses Bid to Dismiss Lawsuit Over ICE Subpoena

Judge rules case against Gov. Jared Polis can continue despite his efforts to end it.

Mar. 31, 2026 at 2:57am

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A vibrant, abstract painting featuring overlapping geometric shapes and lines in shades of blue, grey, and red, conveying a sense of motion and fragmentation to represent the political tensions surrounding a state government's response to a federal immigration subpoena.The legal battle over a Colorado governor's response to a federal immigration subpoena exposes the complex tensions between state and federal authorities.Denver Today

A Denver judge has ruled that a lawsuit against Colorado Gov. Jared Polis over his attempted compliance with an ICE subpoena can continue, rejecting the governor's request to dismiss the case. The lawsuit was filed by a former state labor official who alleged Polis directed state agencies to provide personal information of 35 people to federal immigration authorities, which is prohibited by Colorado law.

Why it matters

This case highlights the ongoing tensions between state and federal authorities over immigration enforcement, as well as the governor's role in determining how state agencies respond to federal subpoenas. It also raises questions about transparency and oversight around the state's interactions with federal immigration officials.

The details

In his ruling, the judge said Polis' request to end the case was 'untethered to any rule of procedure' and cited a lack of legal authority. The case was first brought last June by Scott Moss, the former director of the Division of Labor Standards and Statistics, who alleged Polis directed state agencies to comply with an ICE subpoena requesting personal information. Polis had argued the subpoena was related to a human trafficking investigation, but the judge rejected that claim. After initially defending his actions, Polis later asked the judge to block the release of the information and end the case, saying ICE no longer appeared interested. However, the judge ruled the case can continue, with unresolved issues including how the governor will respond to future ICE subpoenas.

  • The lawsuit was first filed against Gov. Polis in June 2025.
  • The judge's ruling rejecting Polis' request to dismiss the case was issued on March 30, 2026.

The players

Gov. Jared Polis

The Democratic governor of Colorado who attempted to comply with an ICE subpoena requesting personal information of 35 individuals, which is prohibited by state law.

Scott Moss

The former director of the Division of Labor Standards and Statistics at Colorado's Department of Labor who filed the lawsuit against Gov. Polis.

A. Bruce Jones

The Denver District Judge who ruled that the case against Gov. Polis can continue.

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What they’re saying

“The general policy of the department is not to respond to administrative subpoenas.”

— Cher Haavind, Deputy Executive Director, Colorado Department of Labor

“Our policy is simple and it follows the law: we cooperate on criminal investigations with the federal government regardless of whether an individual is here legally or not and we do not cooperate on non-criminal matters that are only for civil immigration enforcement.”

— Eric Maruyama, Spokesperson for Gov. Jared Polis

What’s next

The two sides in the lawsuit - lawyers for Moss and Polis - are scheduled to meet for mediation in mid-April, and Moss' lawyers will get to depose the governor before then. The judge will also likely determine how the state can comply with all subpoenas under Colorado law.

The takeaway

This case highlights the ongoing tensions between state and federal authorities over immigration enforcement, as well as the challenges governors face in balancing compliance with federal subpoenas and upholding state laws that protect personal information. It also raises questions about transparency and oversight around the state's interactions with federal immigration officials.