Why It Matters
A Denver court’s decision to allow a lawsuit against Colorado Governor Jared Polis to continue raises significant questions about the boundaries of state authority when federal immigration enforcement conflicts with Colorado’s data privacy laws. The case carries direct implications for how state officials respond to federal subpoenas and whether compliance with such demands can expose them to legal liability under state statutes.
The outcome could set a precedent affecting how other Colorado agencies handle similar requests from federal immigration authorities, and may influence how other states navigate the growing tension between state sanctuary-related laws and federal immigration enforcement actions.
What Happened
Denver District Judge A. Bruce Jones ruled on Monday, March 30, 2026, that a lawsuit filed against Governor Polis will proceed, rejecting the governor’s request to have the case dismissed. Judge Jones found that Polis’ dismissal request was “untethered to any rule of procedure supporting the relief requested” and cited an “absence of any legal authority” in support of the governor’s motion.
The lawsuit was originally filed in June 2025 by Scott Moss, the former director of the Division of Labor Standards and Statistics at Colorado’s Department of Labor. Moss alleged that Governor Polis directed him to comply with a subpoena issued by U.S. Immigration and Customs Enforcement. The subpoena, titled “Immigration Enforcement Subpoena,” requested the personal information of 35 individuals.
Colorado law prohibits state agencies from sharing personal information with federal immigration officials unless the request is connected to a criminal investigation. Moss alleged that complying with the subpoena as directed by the governor would have violated that state law.
Polis maintained that the subpoena was connected to a human trafficking investigation conducted by the Department of Homeland Security, an argument that would potentially fall within the criminal investigation exception under Colorado law. Judge Jones has rejected that characterization on multiple occasions throughout the case.
Earlier in 2026, after months of defending his decision to comply with the subpoena, Governor Polis reversed course and asked the judge to permanently block the release of the personal data in question. Monday’s ruling represents the latest legal setback for the governor in a case that has evolved significantly since it was first filed.
By the Numbers
- 35 — the number of individuals whose personal information was requested in the ICE subpoena at the center of the case
- June 2025 — the month the lawsuit against Governor Polis was originally filed by Scott Moss
- March 30, 2026 — the date Judge Jones issued his ruling allowing the case to continue
- 2 or more — the number of times Judge Jones has rejected Polis’ arguments in the case, marking a pattern of legal losses for the governor
- 1 — the statutory exception under Colorado law that would permit sharing personal data with federal immigration officials, requiring the request to be linked to a criminal investigation
Zoom Out
The Colorado case reflects a national pattern of legal disputes arising from the intersection of state sanctuary laws and federal immigration enforcement activity. Since the beginning of the current federal administration’s intensified immigration enforcement posture, multiple states have faced subpoenas, court orders, and pressure to provide data to federal immigration authorities.
States including Illinois, New York, and California have enacted or reinforced laws limiting state cooperation with federal immigration enforcement, creating recurring legal conflict over jurisdictional authority. The Colorado situation is notable in that it involves a governor facing legal consequences not for refusing a federal request, but for initially attempting to comply with one in a manner that critics argue violated state law.
The case also highlights the difficult position state executives face when federal demands conflict with state statutes, potentially exposing them to liability regardless of which direction they choose.
What’s Next
With Judge Jones allowing the case to proceed, the lawsuit filed by Scott Moss will continue through the Denver District Court. Governor Polis’ legal team will need to mount a defense on the merits of the case rather than seeking dismissal at this stage.
The court will likely examine whether Polis’ direction to comply with the subpoena violated Colorado’s data privacy statute and what remedies, if any, are available to Moss. The governor’s more recent request to permanently block the release of the personal data may also remain a live issue before the court as litigation continues.