DENVER, CO – A controversial prohibition on attorneys sharing information obtained via Colorado’s e-filing portal for the courts with the federal government was upended earlier in June following legislation signed by Democratic Governor Jared Polis.
On June 4th, Governor Polis signed into law HB 26-1276, which while serving largely as a vehicle to shield personal identifying information (PII) of illegal immigrants within Colorado, also reversed a de facto prohibition on private attorneys from sharing information obtained through the state’s court e-filing system with federal immigration authorities.
The original prohibition reportedly stemmed from Colorado’s Protect Civil Rights Immigration Status Act of 2025. Apparently in the wake of the aforesaid legislation, private attorneys attempting to access Colorado’s e-filing system for the courts would have to certify they wouldn’t share any PII obtained from the portal.
When news spread of the aforementioned forced agreement this past April, attorneys within Colorado expressed concerns that the state’s demanded agreeance with their sanctuary policies under the threat of being charged with perjury to access the court’s e-filing portal was potentially illegal.
“The bottom line here is that Colorado seems to be unlawfully coopting private attorneys across the state to further its anti-federal sanctuary policies,” Covenant Law founder Ian Speir said of the matter back in April, likening the controversy as a form of compelled speech where private-practice attorneys must salute to “The Resistance.”
The Foundation for Individual Rights and Expression (FIRE) championed the move to remove the hindrance placed on private-practice attorneys, with FIRE Senior Attorney Greg Greubel saying, “Under the First Amendment, the government cannot condition an attorney’s access to courts on a promise not to use information for a lawful purpose the state disfavors. Kudos to Colorado legislators and the governor for acting quickly to resolve this issue, but it’s troubling that the state attempted this in the first place.”
Speir also issued a statement in the wake of the repealing, saying, “I’m glad that Colorado has backed down from a First Amendment fight they weren’t going to win. Colorado might be able to tell its own lawyers what they can say to ICE. But I work for my clients, not the government.”
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