Why It Matters
Colorado attorneys are raising serious legal and constitutional alarms after discovering that the state’s official court e-filing system now requires them to sign a certification pledging they will not assist federal immigration enforcement — including cooperation with U.S. Immigration and Customs Enforcement — as a condition of accessing the platform. The requirement affects attorneys’ ability to file documents, access active cases, and represent clients in Colorado courts.
Critics argue the certification amounts to the state conscripting private lawyers into its sanctuary policies, potentially placing attorneys in conflict with their federal obligations and their duties to clients. The development adds Colorado to a growing list of states clashing openly with the Trump administration over immigration enforcement.
What Happened
Multiple Colorado attorneys reported on social media that the state’s court e-filing system began displaying a mandatory certification tied to the Protect Civil Rights Immigration Status Act, a state law passed in 2025. The Colorado Judicial Department deployed the updated certification process as of March 30, according to notices received by attorneys.
The certification reads: “I certify under penalty of perjury that I will not use or disclose personal identifying information… obtained from this database for the purpose of investigating for, participating in, cooperating with, or assisting in federal immigration enforcement, including enforcement of civil immigration laws and 8 U.S.C. Sec. 1325 or 1326, unless required by federal or state law or to comply with a court-issued subpoena, warrant, or order.” Attorneys are prompted to either “accept” or “decline.”
Covenant Law founder Ian Speir posted screenshots of the form on X, noting he does not practice immigration or criminal law and that nothing in his caseload would be relevant to the underlying statute. Despite that, he said he could not log into the state’s official filing system without agreeing to the terms. Speir said he chose “accept” under protest, but warned: “I now cannot represent my clients, file lawsuits, access cases, file documents in existing cases” without complying.
The page is not publicly accessible and appears available only to attorneys registered in Colorado, according to a review by Fox News Digital. The Colorado Judicial Department noted that attorneys who decline the agreement must complete a separate brief certification to proceed, and stated that the majority of court information remains public — the requirement only applies to nonpublic personal identifying information.
It is worth noting that an earlier implementation of the certification was paused in September amid what the agency described as “additional review” before the March 30 relaunch.
By the Numbers
- March 30, 2026: Date the updated attorney certification was deployed by the Colorado Judicial Department
- 2025: Year the Protect Civil Rights Immigration Status Act was passed into state law
- 2 state senators authored the underlying law — Sen. Julie Gonzales and Sen. Mike Weissman, both Democrats from the Denver area
- 1 prior pause: An earlier version of the certification was suspended in September for additional review before relaunching
- 8 U.S.C. Sec. 1325 and 1326 — federal statutes covering illegal entry and reentry — are specifically cited in the certification attorneys are required to acknowledge
Zoom Out
Colorado is not alone in escalating resistance to federal immigration enforcement. Minnesota officials have warned that blocking ICE cooperation contributed to civil unrest, while Virginia recently reversed course on similar policies. The Trump administration has also sued Illinois Governor Pritzker over laws designed to shield illegal immigrants from courthouse arrests, signaling a broad federal pushback against state-level sanctuary measures.
Attorney and former law professor Matt Barber called the oath Colorado expects lawyers to take “indefensible.” Fox News contributor Guy Benson predicted significant litigation would follow, writing simply: “Big lawsuits: Now.”
Speir told Fox News Digital that “Colorado seems to be unlawfully coopting private attorneys across the state to further its anti-federal sanctuary policies.” A lawsuit against Governor Jared Polis over ICE subpoena compliance has already been allowed to proceed in a Denver federal court, signaling the state’s immigration posture is facing mounting legal scrutiny from multiple directions.
The 2025 law also prohibits civil arrests of individuals present at courthouses, bars out-of-state military forces from entering Colorado without executive permission unless acting on federal orders, and repeals requirements that college and driver’s license applicants certify their lawful presence in the United States.
What’s Next
Fox News Digital reported it reached out to the Colorado Judicial Department, Governor Jared Polis, and the U.S. Department of Homeland Security for comment, with no responses immediately available. Legal observers expect formal challenges to the certification requirement, particularly given its direct conflict with federal immigration statutes. With the Polis ICE subpoena lawsuit already moving through the courts, Colorado’s broader sanctuary framework is likely to face intensifying federal and legal pressure in the weeks ahead.