Denver Judge Exposes Polis’s Sanctuary-State Hypocrisy – Weld Should Lead and Stop This

Written by Scott James

In a reality check for Gov. Polis, a Denver judge enjoined his own agencies from violating the sanctuary laws he signed by blocking ICE’s administrative subpoena. It’s nuckin’ futz – read this slowly and let it sink in: He signs a state law that violates federal law, then violates the law he signed to follow federal law, then the court orders him to follow the state law that he signed, but that violates federal law. I have an idea how Weld can step out of this statutory clown car and invoke some Colorado common sense.

On June 25, a Denver judge slammed the brakes on Gov. Polis’s “laws are for thee and not for me” routine, issuing a narrow injunction blocking the Colorado Department of Labor and Employment from handing over personal data on 35 child-care workers to ICE—data requested via an administrative subpoena. Judge A. Bruce Jones made it crystal clear: forcing state employees to comply would directly violate the very sanctuary-state laws Polis himself signed—SB 21-131, HB 19-1124, and SB 25-276—bills meant to shield illegal aliens from federal enforcement.

But wait a minute?! These Colorado laws directly violate federal statute (8 U.S.C. § 1373). Under 8 U.S.C. § 1373, “notwithstanding any other provision of Federal, State, or local law,” no government entity or official may prohibit or restrict the sharing of information with federal immigration authorities regarding an individual’s citizenship or immigration status—nor prevent maintaining or exchanging that information among agencies (law.cornell.edu).

Okay, let me offer a ‘splainer: In fancy legalese, “notwithstanding” serves as a signal that the provision in which it appears overrides or takes precedence over any conflicting law or clause. In essence, it means “despite any other provision to the contrary.”

For example, in 8 U.S.C. § 1373 the phrase…

“Notwithstanding any other provision of Federal, State, or local law…”

means that, no matter what other statutes or regulations might say, the duty to share immigration-status information with federal authorities cannot be nullified by them. Yet the kings and queens (sorry if I used poor pronouns) that sit in the Colorado Legislature virtue signaled with legislation and did just that. Problem is, they can’t do that.

Make no mistake: this is peak Polis. He sings kumbaya to the open-borders crowd—signing every sanctimony-soaked bill that smothers Colorado in “illegal-alien protection”—then gaslights the public when the Trump Administration calls him out: “We’re not a sanctuary state,” he huffs . But the statutes scream otherwise. When ICE shows up with an administrative subpoena demanding caregiver addresses, Polis’s “protections” melt faster than snow off Colorado’s eastern plains.

Sanctuary Statutes Turned Swiss Cheese

  • SB 21-131 (2021): Bans state or local agencies from asking about immigration status—penalties up to $50,000 per violation .
  • HB 19-1124 (2019): Forbids local law enforcement from honoring ICE detainers without a judge’s warrant .
  • SB 25-276 (2025): Extends that shield to schools, libraries, health clinics, and child-care centers—forcing any federal subpoenas through a judge and into a special “Immigration Legal Defense Fund” .

These bills were Polis’s virtue-signal trophies—until ICE tested them with a simple administrative subpoena. Suddenly, Polis’s sanctuary façade revealed its hollow core. Enter Judge Jones: “Nice try, Gov. The very laws you signed forbid this.” But oh, bittersweet irony, his actions followed federal statute. He must feel so confused.

Weld County’s Home-Rule Hammer

As a Weld County Commissioner, I’ve had it with Polis’s two-faced sanctuary theater. Weld—one of only two home-rule counties in Colorado—can and should say, “We’ll follow federal immigration law, thank you very much.” It’s a matter of local concern regarding the health, safety, and welfare of Weld County’s citizens. Here’s my plan to make home rule work for real law and order:

  1. Federal Compliance Ordinance
    We’ll pass an ordinance explicitly requiring Weld County agencies to honor any ICE subpoena or warrant signed by a federal judge (8 U.S.C. § 1373), overriding any conflicting state “sanctuary” statute .
  2. Transparency & Tracking
    Every ICE request gets a public-entry in our online log: judge’s signature, target’s status, and confirmation we complied. No more back-door handoffs.
  3. Home-Rule Charter Amendment
    On November’s ballot, we should ask voters to add new sections to the Home Rule Charter: Federal Immigration Cooperation
    Weld County recognizes federal immigration enforcement as a matter of local concern. County departments shall comply with any judicially authorized federal immigration enforcement action, notwithstanding any state law to the contrary.
    Defense Against Sanctuary Preemption
    Weld County reserves the right to legally challenge any state law (e.g., SB 25-276, HB 19-1124) that conflicts with this charter amendment.

Why This Matters

Polis’s sanctuary-state shtick may play well in the glorious ruling Denver/Boulder axis, but it endangers real families and real children in Weld County. When ICE needs assistance in doing their job, Weld County won’t be the pothole in the federal justice highway. Our home-rule charter has already let us streamline oil permits and more efficiently organize our government—now it will safeguard public safety by putting federal law ahead of lip service.

Sanctuary for illegal aliens? No thanks. Laws are for everyone, including the governor. Weld County will prove that local control means consistent enforcement—no “for thee but not for me” confusion. That’s my idea, anyway: Weld should lead and show what self-governance with teeth looks like.

About the author

Scott James

A 4th generation Northern Colorado native, Scott K. James is a veteran broadcaster, professional communicator, and principled leader. Widely recognized for his thoughtful, common-sense approach to addressing issues that affect families, businesses, and communities, Scott, his wife, Julie, and son, Jack, call Johnstown, Colorado, home. A former mayor of Johnstown, James is a staunch defender of the Constitution and the rule of law, the free market, and the power of the individual. Scott has delighted in a lifetime of public service and continues that service as a Weld County Commissioner representing District 2.

1 Comment

  • The rest of the counties should follow Weld County’s lead and surround Denver and Boulder in true law. Let Denver and Boulder swim in their own excrement. I back Weld 💯.