DENVER — A whistleblower testified in court Tuesday, alleging that Colorado Governor Jared Polis instructed state employees to provide personal information to federal immigration authorities.
Scott Moss, the director of the Division of Labor Standards and Statistics at the Colorado Department of Labor and Employment, claims that Polis ordered him to comply with a subpoena from Immigration and Customs Enforcement (ICE). This subpoena reportedly sought details about individuals providing housing to unaccompanied minors. Moss filed a lawsuit earlier this month in Denver County Court, arguing that complying with the subpoena would violate state laws prohibiting the sharing of personal information with federal immigration officials.
The governor’s office contends that the subpoena pertains to a criminal investigation related to child exploitation. They assert that state immigrant privacy laws include exceptions for criminal probes, justifying the governor’s order.
During his court testimony, Moss noted a significant increase in tips and complaints regarding workplace violations, which he attributes to assurances made by state officials that immigrant personal information would remain confidential. He highlighted the necessity of fostering trust between immigrants and the Department of Labor, which is crucial for addressing workplace issues such as wage discrimination.
Moss expressed immediate opposition to Polis’s directive, arguing that the subpoena seemed administrative rather than linked to a specific criminal investigation, and therefore should not invoke the exceptions outlined in Colorado law. He recalled a conversation with a supervisor discussing the governor’s rationale, stating that the governor wanted to avoid criticism for not aiding ICE in safeguarding children.
State Senator Mike Weissman, a cosponsor of Senate Bill 25-276—legislation signed by Polis in May that offers heightened protections for immigrant personal information—also provided testimony on Tuesday. Weissman emphasized that the new law prohibits the state from disclosing personal details for civil immigration enforcement purposes.
During the governor’s attorneys’ cross-examination, they pointed out that entering the U.S. illegally constitutes a crime and that administrative subpoenas are commonly used to support related investigations. They also indicated that the stipulations in SB25-276 bar state employees from obstructing federal criminal inquiries.
When pressed about the potential delay in investigations caused by requiring judicial approval for ICE subpoenas, Weissman affirmed that such procedures ensure due process.
Closing arguments are anticipated to conclude on Wednesday, following which the judge will determine whether state employees must comply with ICE’s request.
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