In a recent legal battle, Colorado Governor Jared Polis faced a setback as his efforts to dismiss a lawsuit concerning cooperation with U.S. Immigration and Customs Enforcement (ICE) were rejected. This development follows a Denver judge’s temporary order preventing the governor from sharing details about sponsors of undocumented and unaccompanied immigrant children with ICE. The lawsuit, which has reportedly seen over $100,000 spent in taxpayer funds by Polis to quash, accuses him of covertly working with ICE.

On November 26, District Court Judge A. Bruce Jones dismissed Polis’ motion to throw out the lawsuit. The case, initiated in June by Scott Moss, a former state labor department official turned Colorado law professor, was deemed valid by the court. Polis is now required to formally respond to the allegations by December 10.

Governor Polis’ legal team had argued for the dismissal on the grounds that Moss no longer held a position in the labor department. However, Judge Jones highlighted Moss’ ongoing role at the University of Colorado Law School, where he organizes legal representation for immigrant workers, including those undocumented.

In a detailed order dated December 2, Judge Jones explained his decision, citing that Moss has demonstrated a credible threat to his work if he cannot safely refer clients due to worries over their personal information being disclosed in response to immigration subpoenas. The court sided with Moss and the nonprofit law firm Towards Justice, countering Polis’ attorneys’ claim that the nonprofit lacked standing in the case.

The judge emphasized that without third-party standing, the interests of those affected by the subpoenas might be unrepresented, as they are unlikely to be alerted and, therefore, unable to defend their rights. This stance bolsters the position of Moss and the nonprofit, ensuring the continuation of the legal proceedings.

Scott Moss, who once led the Division of Labor Standards and Statistics under Polis until his resignation in August, initiated this civil lawsuit on June 4. The complaint, filed in Denver, outlines a series of “professional and personal harms,” including the coercion into “illegal acts,” which allegedly contravene laws signed by Governor Polis himself.

Moss’ lawyer, Laura Wolf, told Law&Crime on Wednesday that they were “encouraged” by Jones’ ruling. She has accused Polis of “trying to serve ICE” by attempting to dismiss the case.

“We will continue to fight for the rights of every person placed at risk by Governor Polis’ efforts to facilitate immigration enforcement in violation of Colorado law,” Wolf said.

Moss’ lawyers accuse Polis, a Democrat, of issuing “an illegal directive” to collaborate with ICE and give up financial information of residents sponsoring immigrant children. An “immigration enforcement subpoena” was issued behind closed doors, according to Moss, that Polis allegedly signed.

On July 9, Jones issued a written order directing the Colorado governor to cease requiring Division of Labor Standards & Statistics staff to send ICE information on individuals involved in labor investigations. The emergency relief barred disclosure while the case is being heard. Polis and his lawyers tried to dismiss the case after the ruling, to no avail.

Colorado law prohibits state agencies from providing personal information to federal immigration officials unless related to criminal investigations. Polis’ legal team claims the subpoena in question is related to a “human trafficking” investigation being conducted by the Department of Homeland Security.

“The subpoena requested the production of a range of information, including personally identifying information relating to 35 ‘sponsors’ of unaccompanied alien children,” Jones noted in his July order.

“Despite assurances that he did not have to actively participate in the disclosure of PII pursuant to the subpoena, there was persuasive testimony that Mr. Moss was responsible for the actions of his Division staff, several of whom also expressed concerns that complying with the subpoena would violate the statute,” the judge said. “Further, there was also credible testimony that Mr. Moss would inevitably suffer reputational damage within the community he serves if he complied with the Governor’s directive, and alternatively would be harmed professionally if he refused an order from the Governor. This situation, where each choice available to Mr. Moss reasonably appeared to result in some form of harm.”

Jones concluded that the subpoena does not meet the criminal investigation exception for disclosure of PII, making it “more likely than not” that they were being directed to violate the statute.

Moss claims he was initially instructed by higher-ups that the Polis administration was “analyzing its rights and options” before a decision could be made on how to respond to the ICE subpoena. “In internal discussions within state government, Moss reported that it would be illegal to produce the PII [personally identifiable information] requested by the ICE subpoena,” his complaint says.

Moss was allegedly told in early May that the Polis administration had decided not to produce the private information requested by the subpoena. “Only weeks later, in the last week of May — and just before the May 26 production date ICE requested — Governor Polis personally decided, and state officials including Moss were notified, that Polis wanted CDLE [Colorado Department of Labor and Employment] to produce the PII requested by the ICE subpoena,” his complaint charges.

Moss alleges that the Polis administration is flouting a 2021 law signed into effect by Polis that bars state agencies from sharing nonpublic personal information with federal immigration officials unless a court orders them to do so. He also accuses government officials of forcing him and others to violate a 2025 law that Polis just signed on May 23, which alters and extends the 2021 law to expand sharing restrictions. The Polis directive “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 Governor Polis himself signed into law,” per Moss’ complaint.

The Polis administration did not respond to Law&Crime’s request for comment on Wednesday.