This story was produced as part of the Colorado Capitol News Alliance. It first appeared at .
Gov. Jared Polis ordered the state labor department to turn over personal information about people who are providing homes for unaccompanied immigrant children after receiving a subpoena from the Trump administration, according to a whistleblower lawsuit filed Wednesday.
The details of the subpoena were revealed in the lawsuit filed by a director in the Colorado Department of Labor and Employment who argues that turning over the information is a violation of state law.
The April 24 subpoena from the U.S. Immigration and Customs Enforcement requests the unemployment benefit filings, insurance records and employer information of 35 people who are sponsors of unaccompanied minors. It also requests their addresses, as well as telephone and email contact information.
The whistleblower case was filed in state district court in Denver by Scott Moss, who is director of the state Division of Labor Standards and Statistics. It details a battle between Moss and the governor鈥檚 office in which Moss has argued since April that turning over the personal information is illegal.
Moss said that a day after receiving the subpoena, the governor鈥檚 office told him that it was analyzing its 鈥渞ights and options鈥� before making a decision about whether to comply. In early May, he was told that Polis had decided not to produce the information, but then was told this week that the governor had reversed course and that Moss must produce the personal information.
Moss alleges in the lawsuit that he is 鈥渄irected to commit the illegal acts鈥� that violate state laws Polis signed in 2021 and 2025. The laws said government agencies and their employees 鈥渟hall not disclose . . . personal identifying information that is not publicly available information for the purpose of investigating for, participating in, cooperating with, or assisting in federal immigration enforcement, including enforcement of civil immigration laws.鈥�
Unaccompanied children are minors who crossed the border and were detained by immigration authorities, then released to 鈥渟ponsors鈥� while their immigration cases are pending. The subpoena noted that authorities were seeking information about sponsors of unaccompanied minors, including quarterly wage reports, schedules, employer鈥檚 name and address, and records filed under the Family and Medical Leave Insurance program, the lawsuit says.
鈥淭he Polis directive to collaborate with ICE is illegal,鈥� the lawsuit states. 鈥淚t also harms an unknown but potentially large number of state employees, by directing them to commit illegal acts, risking a wide range of professional and personal harms, including personal penalties of up to $50,000 per violation under the legislation Gov. Polis himself signed into law.鈥�
In response to the lawsuit, a spokesperson for Polis defended the decision to cooperate with the subpoena, saying it was consistent with carveouts in the law for criminal investigations.
鈥淗elping our federal law enforcement partners locate and, if necessary, rescue children being abused and trafficked is not only in line with the law but also a moral imperative,鈥� said spokesman Eric Maruyama. 鈥淚t is important to produce records in accordance with criminal investigations to ensure the safety of Coloradans and, most importantly, to protect and ensure the safety of children. Attempts to delay or block this information could prolong criminal exploitation and abuse of children, and we are eager to assist. We would comply unless a court deems otherwise.鈥�
In April and May, armed federal agents conducted unannounced home visits throughout Colorado on the listed guardians of unaccompanied minors, .
An ICE document providing guidance for the effort indicated multiple motives, including creating a database of their locations, determining whether they are complying with their responsibilities to immigration courts and learning whether they have committed criminal offenses before arrival or while in the U.S. 鈥� all possible preludes to removal from the country. It did not mention looking for victims of trafficking as a motivation.
Moss is requesting an immediate restraining order to block compliance with the subpoena. He said he was told on Tuesday by the governor's office that he must produce the personal information by Friday.
The lawsuit was .
This is a developing story that will be updated.