Colorado will not comply with a subpoena from federal immigration agents asking the state to turn over the personal information of 35 people who are sponsors of unaccompanied immigrant minors until at least June 23, lawyers for Gov. Jared Polis said in court Monday.
That’s when attorneys for Polis and state Division of Labor Standards and Statistics Director Scott Moss will meet in court again.
Moss alleges in a whistleblower lawsuit filed last week that Polis ordered him and his team to comply with a subpoena from U.S. Immigration and Customs Enforcement seeking the personal information of people known as sponsors, who care for immigrant children whose parents are absent.
Moss says complying with the request would violate Colorado laws that prohibit state agencies from releasing information to ICE.
Central to the case is whether ICE will use the information to investigate criminal activity or not. Colorado law allows state agencies to comply with federal immigration agents’ information requests only when it’s for criminal investigations.
The two-page “Immigration Enforcement Subpoena” from ICE Special Agent Nelson Torres addressed to the Colorado Department of Labor and Employment on April 24 did not cite any alleged crimes by the sponsors of unaccompanied immigrant minors. The subpoena indicates that ICE’s investigation is not about “child exploitation and/or the transmission of child pornography,” leaving a box next to that description unchecked.
The subpoena said the...
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