The Denver Post reports that Governor Jared Polis finds himself tangled in a political and legal pretzel of his own making. Four months after a Denver judge ruled that complying with a federal immigration subpoena would violate Colorado law, Polis’ administration is still trying to find a way to hand over records to U.S. Immigration and Customs Enforcement (ICE) – records involving businesses tied to sponsors of unaccompanied migrant children.
The judge, A. Bruce Jones, previously sided with a state employee, Scott Moss, who sued the governor to stop compliance with the subpoena. Moss argued that releasing the records would break the very state law that Polis himself signed, prohibiting state and local officials from cooperating with ICE except in criminal investigations. The court agreed – at least mostly. Jones blocked one state division from cooperating, but left a legal loophole that Polis’ lawyers are now trying to squeeze through.
Despite the ruling, the governor’s office insists it wants to comply with ICE, arguing the subpoena relates to a “targeted criminal investigation into human trafficking.” Yet the court pointed out there’s no evidence of any criminal probe – and that the subpoena, unsigned by a judge, cites immigration enforcement law, not criminal statute.
To date, Polis’ private attorneys have billed the state over $104,000 trying to untangle this mess – a mess that started when the governor’s own law collided with federal requirements. Meanwhile, ICE and state officials remain locked in a bureaucratic tug-of-war over records for 35 sponsors of unaccompanied minors.
The Bullet Point Brief
- Governor Polis is trying to comply with an ICE subpoena – despite his own state law forbidding cooperation.
- Judge Jones ruled compliance would violate Colorado law, but Polis’ team keeps looking for loopholes.
- Employee Scott Moss sued Polis to stop him from breaking the law; the judge sided with Moss.
- Polis’ lawyers argue the subpoena relates to human trafficking, but the court says there’s no proof.
- Legal bills: Over $100,000 in taxpayer funds spent defending a governor from his own legislation.
My Bottom Line
This might be the most exquisite example of Governor Jared “Gaslight” Polis tying himself in ideological knots.
First, he virtue-signals by signing a law that bans state and local employees from cooperating with ICE – because, of course, nothing says “compassion” like ignoring federal law when it makes you look good at a Boulder dinner party. Then, when ICE comes calling with a subpoena, he suddenly discovers the feds have real power – and now he’s desperate to comply.
But here’s the kicker: when he tries to follow the federal subpoena, one of his own employees sues him for breaking the state law he wrote. The judge tells him to stop breaking his own law, which leaves him in the impossible position of violating either state law or federal law no matter what he does.
Congratulations, Governor. You’ve officially legislated yourself into a Catch-22.
This is what happens when you use policy as performance art instead of governance. You end up playing political Twister: left hand in virtue, right hand in reality, and your head firmly planted where the sun doesn’t shine.
The truth is simple – immigration law is federal. If the feds issue a subpoena, you comply. But Colorado Democrats wanted to make a point, so they passed a law that makes “cooperating with ICE” a thought crime. And now, the governor who bragged about signing that law is getting sued for trying to follow the actual law of the land.
Weld County has the right idea – our home rule structure allows us to pass ordinances of local concern, including those that let county employees obey federal statutes without political grandstanding. Maybe it’s time the rest of Colorado stopped virtue-signaling and started governing.
So what’s Governor Gaslight to do?
Maybe start by looking in the mirror – and apologizing to the taxpayers footing his $104,000 legal bill for a fight he picked with himself.
