"We steadfastly oppose the unjust and cruel ICE raids that are ripping apart our families, our communities and our countries," Diane Byrne, the president of Colorado Workers for Innovative and New Solutions (WINS), which represents 27,000 state government employees, said. "We are outraged as state employees that our governor wanted us to actively support that assault on our community and make us accomplices."
Colorado WINS will be joining a lawsuit against Polis alongside Towards Justice, a nonprofit labor rights law firm and advocacy group, leaders from both groups announced during a press conference on Monday, June 9. The lawsuit was filed in U.S. District Court of Colorado on June 4 by Scott Moss, the director of the Colorado Division of Labor Standards and Statistics.
"The Governor's actions will directly implicate state employees in breaking a law he signed," Byrne said. "State agency employees cannot disclose or make accessible personal identifying information."
The lawsuit seeks a judicial declaration and an immediate injunction that would prohibit state employees from complying with Polis's demand. Moss is hoping "to protect not only himself, but other public employees and most importantly the immigrant workers and children Governor Polis wants to help ICE find, seize and deport," reads the lawsuit.
"Governor Polis himself touted those protections in many public and private reassurances to workers, immigrants, unions, community and professional service providers, and the public as a whole," according to the lawsuit. "He directed state employees to provide [ICE] the personally identifying information of at least dozens, and possibly far more, individuals in response to an administrative (not court-issued) subpoena that ICE served to enforce federal civil immigration law. The Polis directive to collaborate with ICE is illegal."
Byrne said on Monday that Colorado WINS and Towards Justice are joining the lawsuit in part to find out more about why ICE wants this information and which agencies received similar subpoenas. Colorado WINS fears that ICE could use the personal information of sponsors to find the workplaces of undocumented immigrants, because each sponsor's "workplace history could lead to targets of those workplaces," she said.
"The actions that Governor Polis has taken are undermining public trust in our state government services that we work so hard to keep strong," Byrne said. "We tell people in Colorado that when they file their taxes, when they file an unemployment claim and otherwise provide information to us, that it is safe, that we protect their privacy."
Federal authorities have already carried out three large immigration raids in Colorado, including one in Denver and Aurora where agents reportedly burst into homes and arrested people with asylum paperwork. Through executive orders, President Donald Trump also froze immigration services in Colorado, like refugee resettlement and free legal aid at immigration courts and detention centers; some of those services have partially resumed since stopping in February.
Activists at Monday's press conference also denounced ICE for arresting California union leader David Huerta on Friday, June 6, during a series of raids, which sparked ongoing riots that Trump is trying to tame by deploying the National Guard and United States Marines on Monday. ICE also arrested the prominent Denver-based immigrant activist Jeanette Vizguerra outside her workplace in March.
"David remains in custody today, and we demand his immediate release," said Stephanie Felix‑Sowy, president of the SEIU Local 105, a chapter of the national union for service industry employees. "Huerta has ties to Denver. He's dedicated his time to come to Colorado and support SEIU members. He's earned the respect and administration of our members."
Colorado WINS will be joining a lawsuit against Polis alongside Towards Justice, a nonprofit labor rights law firm and advocacy group, leaders from both groups announced during a press conference on Monday, June 9. The lawsuit was filed in U.S. District Court of Colorado on June 4 by Scott Moss, the director of the Colorado Division of Labor Standards and Statistics.
"We are deeply concerned by the allegations in this case," said David Seligman, the executive director of Towards Justice. "Colorado will not do the bidding of ICE, but the governor's cooperation with ICE flies in the face of Colorado law. Why is the governor going out of his way to help Donald Trump and ICE?"
Moss sued Polis for allegedly threatening to fire state employees who don't comply with his order to hand over private information of 35 sponsors for "unaccompanied alien children," or minors allowed into the U.S. without a parent. Sponsors are often family members of the children who are caring for them while their parents go through legal proceedings, according to the lawsuit.
Polis's order was in response to an April 24 subpoena from ICE demanding these sponsors' residential addresses, telephone numbers and email addresses. The lawsuit alleges that Moss "was told" and "notified" to hand over the information after "Polis personally decided" to comply with the subpoena sent to the Colorado Department of Labor and Employment (CDLE) on June 2.
Polis's order was in response to an April 24 subpoena from ICE demanding these sponsors' residential addresses, telephone numbers and email addresses. The lawsuit alleges that Moss "was told" and "notified" to hand over the information after "Polis personally decided" to comply with the subpoena sent to the Colorado Department of Labor and Employment (CDLE) on June 2.
"The Governor's actions will directly implicate state employees in breaking a law he signed," Byrne said. "State agency employees cannot disclose or make accessible personal identifying information."
Colorado passed a law in 2021 prohibiting state employees from giving anyone's personal information over to federal immigration enforcement. The lawsuit alleges that Polis directed employees to violate this law just ten days after signing Senate Bill 25-276, which expands protections for immigrants by banning disclosures of personal information by state subdivisions, like counties and municipalities.
Polis said that he was helping ICE in its mission of "preventing the illegal exploitation and trafficking of children," according to a statement from his office.
"The decision to respond to this federal subpoena due to concerns about potential crimes against vulnerable minors was carefully considered in accordance with Colorado law, which allows for sharing information to support timely criminal investigations," the statement reads. "Keeping kids safe is a top priority, child exploitation is a deeply concerning issue, and has no place in our state. Complying with this federal subpoena meets the requirements laid out in state law and providing this information is in service of investigating and preventing any criminal activity, which Governor Polis is deeply committed to.”
According to the lawsuit, ICE's subpoena makes no mention of requesting the information to save child victims of human trafficking, but does say its purpose is "to locate children previously apprehended for civil immigration proceedings."
"The subpoena does not allege that there is an ongoing criminal investigation," the lawsuit reads. "Nor does it cite any criminal law that has allegedly been violated or any probable cause supporting any unidentified criminal investigation."
Polis said that he was helping ICE in its mission of "preventing the illegal exploitation and trafficking of children," according to a statement from his office.
"The decision to respond to this federal subpoena due to concerns about potential crimes against vulnerable minors was carefully considered in accordance with Colorado law, which allows for sharing information to support timely criminal investigations," the statement reads. "Keeping kids safe is a top priority, child exploitation is a deeply concerning issue, and has no place in our state. Complying with this federal subpoena meets the requirements laid out in state law and providing this information is in service of investigating and preventing any criminal activity, which Governor Polis is deeply committed to.”
According to the lawsuit, ICE's subpoena makes no mention of requesting the information to save child victims of human trafficking, but does say its purpose is "to locate children previously apprehended for civil immigration proceedings."
"The subpoena does not allege that there is an ongoing criminal investigation," the lawsuit reads. "Nor does it cite any criminal law that has allegedly been violated or any probable cause supporting any unidentified criminal investigation."
The lawsuit seeks a judicial declaration and an immediate injunction that would prohibit state employees from complying with Polis's demand. Moss is hoping "to protect not only himself, but other public employees and most importantly the immigrant workers and children Governor Polis wants to help ICE find, seize and deport," reads the lawsuit.
"Governor Polis himself touted those protections in many public and private reassurances to workers, immigrants, unions, community and professional service providers, and the public as a whole," according to the lawsuit. "He directed state employees to provide [ICE] the personally identifying information of at least dozens, and possibly far more, individuals in response to an administrative (not court-issued) subpoena that ICE served to enforce federal civil immigration law. The Polis directive to collaborate with ICE is illegal."
Scott Moss (bottom center) filed a lawsuit against Governor Jared Polis for allegedly threatening to fire state employees who don't give up people's personal information to ICE.
Bennito L. Kelty
"We don't know if any other agencies received these subpoenas, and that is a big reason why we're joining the lawsuit: We need to know," Byrne said. "We don't know that they only subpoenaed CDLE, but one of the fears is that they targeted CDLE and requested information to identify workplaces that they could raid in the future."
The ICE subpoena went to at least three divisions in the CDLE: the Labor Standards and Statistics, Unemployment Insurance and Family and Medical Leave divisions, according to Byrne, who said that Polis has already damaged public trust by demanding these divisions comply with the ICE subpoena.
"The actions that Governor Polis has taken are undermining public trust in our state government services that we work so hard to keep strong," Byrne said. "We tell people in Colorado that when they file their taxes, when they file an unemployment claim and otherwise provide information to us, that it is safe, that we protect their privacy."
Activists at Monday's press conference also denounced ICE for arresting California union leader David Huerta on Friday, June 6, during a series of raids, which sparked ongoing riots that Trump is trying to tame by deploying the National Guard and United States Marines on Monday. ICE also arrested the prominent Denver-based immigrant activist Jeanette Vizguerra outside her workplace in March.
"David remains in custody today, and we demand his immediate release," said Stephanie Felix‑Sowy, president of the SEIU Local 105, a chapter of the national union for service industry employees. "Huerta has ties to Denver. He's dedicated his time to come to Colorado and support SEIU members. He's earned the respect and administration of our members."
Polis hasn't shown much resistance against President Trump's plan for mass deportation. In early January, Polis said that he would help ICE deport criminals, but the Trump administration has detained more than just criminals in Colorado, even arresting an entire family and their one-year-old child in a Denver courthouse on May 29.
"Governor, we're calling on you to do the right thing," Seligman said. "Refuse to comply with ICE"s administrative subpoena. Protect Colorado's workers. Stop acting like Donald Trump's lackey."
