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’s 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’s office told him that it was analyzing its “rights and options” 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 “directed to commit the illegal acts” that violate state laws Polis signed in 2021 and 2025. The laws said government agencies and their employees “shall 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.”
Unaccompanied children are minors who crossed the border and were detained by immigration authorities, then released to “sponsors” 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’s name and address, and records filed under the Family and Medical Leave Insurance program, the lawsuit says.
“The Polis directive to collaborate with ICE is illegal,” the lawsuit states. “It 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.”
The lawsuit was first reported on Thursday by The Lever.
This is a developing story that will be updated.
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