This story was produced as part of the Colorado Capitol News Alliance. It first appeared at .
State agencies under Gov. Jared Polis have provided federal immigration officials with Coloradans鈥� personal information in response to four subpoenas since February.
Shelby Wieman, a spokesperson for Polis, said Tuesday that three of the four subpoenas were related to criminal investigations and the state mistakenly responded to the fourth.
Colorado law prohibits state agencies from providing personal information to federal immigration officials unless it is related to a criminal investigation. A that an ICE subpoena the governor鈥檚 office sought to respond to did not meet that exception after a state employee sued to halt the disclosure.
鈥淲e are implementing procedures to ensure that erroneous sharing does not happen in the future, including elevating any potential responses to (Department of Homeland Security) subpoenas to the Governor鈥檚 Office for review and approval,鈥� Wieman said in a written statement.
State agencies under Polis鈥� purview have received at least from federal immigration officials since February.
The first subpoena the state responded to came from U.S. Immigration and Customs Enforcement鈥檚 Homeland Security Investigations division Feb. 14 asking Colorado鈥檚 Department of Labor and Employment to turn over all employment records since Jan. 1, 2024, for a business whose name is redacted.
The subpoena, classified as a 鈥渃ontrolled substance enforcement subpoena鈥� cited 鈥渁n ongoing investigation regarding Human Trafficking and Smuggling along with Narcotics Trafficking.鈥�
The second subpoena that the state responded to came to the state labor department from ICE on Feb. 26 seeking 鈥渁ny and all information for employment records for the past three years鈥� for a list of businesses whose names are redacted. The 鈥渃ontrolled substance enforcement subpoena鈥� cited a criminal investigation involving human trafficking.
The third subpoena that the state responded to, this one in error, came from ICE to the state鈥檚 labor department March 25 seeking 鈥渆mployee records and wages鈥� since June 1, 2024, for a business whose name is redacted. The subpoena, classified as an 鈥渋mmigration enforcement subpoena,鈥� cites an unspecified HSI investigation.
The fourth subpoena that the state responded to came from ICE to the state鈥檚 Colorado Department of Revenue Marijuana Enforcement Division on May 27 seeking 鈥渁ny and all records and documents鈥� for a list of businesses whose names are redacted. The 鈥渃ontrolled substance enforcement subpoena鈥� cited a 鈥渃riminal investigation.鈥�
The state鈥檚 Department of Public Health and Environment told ICE it did not have any responsive records in response to a Feb. 28 subpoena seeking 鈥渁 list of all individuals born鈥� in the state Feb. 8, 2004, and Feb. 8, 2005, according to Wieman.
It鈥檚 unclear exactly what records the agencies provided in their responses and whose information was included. In emails between state agencies and federal officials provided to the media Tuesday, people鈥檚 first and last names, social security numbers, addresses and employment information are redacted.
It appears that the state did not respond to another three subpoenas from ICE seeking information from the state labor department labeled as 鈥渋mmigration enforcement subpoena鈥� and another from the DHS Office of the Inspector General, according to Wieman. It鈥檚 unclear why.
The May 22 subpoena from the DHS inspector general鈥檚 office seeks wage information for all employees of a business whose name is redacted. In response to the request on June 12, an employee at Colorado鈥檚 labor department asked Blade Bricker, a special agent with the inspector general鈥檚 office, why he needed the information, whether his investigation is related to immigration and how he will use the data.
Bricker said the office 鈥渃onducts fraud, waste and abuse investigations related to DHS programs,鈥� according to an email exchange provided to the media. He said the investigation does not involve immigration and the information will be used 鈥渢o prove or disapprove an allegation.鈥�
The Polis administration鈥檚 decision to comply with ICE鈥檚 requests has riled fellow Democrats and immigration advocates.
State agencies aren鈥檛 the only ones who have turned over information to ICE.
On Tuesday, Colorado Attorney General whose decision last month to share information with federal immigration officials led to the arrest of a 19-year-old college student from Utah.
Asked about any investigation into Polis鈥� agencies鈥� responses to the subpoenas, Lawrence Pacheco, spokesperson for Weiser, said, 鈥渢he attorney general鈥檚 office cannot confirm or otherwise comment on an investigation.鈥�
