Politicians have always used exaggeration and hyperbole to describe just how great they are and why you should continue to vote for them. We all knew that when they used modifiers such as “best” or “greatest” they were not necessarily speaking the truth but trying to place themselves in the best light possible. Yet, when we have a president who lied relentlessly during his first administration (to the tune of 30, 573 lies, or about 21 each day for four years) and continues to do so today, we no longer know what the “truth” on any given issue is. We suspect that most of what is presented is false, but how much? We cannot agree on much because we do not have a mutual understanding of what is fact and what is fiction.

We are lucky in the sense that Colorado, and Summit County, has not bought into the fictions coming from the White House and Congress in Washington DC. At the same time, our leader in the state capital, Gov. Jared Polis, has managed to follow the Republican falsehood playbook in a most spectacular fashion. Think you can trust the words from a Democratic leader? You may wish to think again.

The issue here concerns a subpoena that Gov. Polis received at the end of April. Polis was asked to provide Immigration and Customs Enforcement specific information to be used for “investigative activities to locate unaccompanied alien children” and to “ensure that the children are being properly cared for.” On its surface, the subpoena seems legitimate. It stated that ICE authorities were seeking information about sponsors of unaccompanied minors, including tax and wage reports, along with employer information and some health information. Initially, Polis took no action, perhaps seeking legal counsel, as would be advisable for anyone who receives a subpoena from the federal government.

While contemplating how to proceed with the subpoena, on May 23, 2025, Polis signed into law making it illegal for state employees to disclose information to ICE absent a court order, warrant or a court-authorized subpoena. There was no court order involved in the subpoena Polis received and no mention of a criminal investigation. Thus, the issue was seemingly resolved once the law was passed. Except it wasn’t.

For some unknown reason, Polis directed his employees to comply with the subpoena. On June 2, 2025, his decision became final, and the litigation fireworks began soon thereafter. In an attempt at damage control and in response to at least one lawsuit, Polis stated: “It is important to produce records in accordance with criminal investigations to ensure the safety of Coloradans and, most importantly, to protect and ensure the safety of children. Attempts to delay or block this information could prolong criminal exploitation and abuse of children, and we are eager to assist. We would comply unless a court deems otherwise.”

This answer is utter garbage. The investigation said nothing about it being “criminal” in nature and the box on the preprinted subpoena form for child exploitation and pornography was left blank. Polis wants us to think that he must comply. He doesn’t.

For most of us, the receipt of a subpoena is not an everyday occurrence. And after reading the subpoena a few times and not really understanding the legal jargon, most would want to contact an attorney, hopefully just for a quick review to determine options and obligations. And the attorney would have looked at the subpoena, concluded that it was not a criminal investigation but civil and was not court-issued, there would be no reason to comply. The attorney would contact the ICE agent and convey the decision not to comply. At that point, the ICE agent has two choices: (1) drop the demands; or (2) seek judicial enforcement. In many instances, the subpoena will be dropped or re-written to conform to objections. If pursued further, a judge would rule on the legality of the recent Colorado law as it relates to ICE and Colorado’s duty of cooperation.

What Polis should have done was to be truthful to the people of this State and complied with his own recently signed law. But instead, he lacked the moral and legal integrity to stand up to a federal civil agency when it mattered most. He decided to turn his back on those who need his help the most. Why is this important to us in Summit County? We know that amongst the 30,000 or so Summit residents, a substantial number are recent immigrants. While many are here legally, it would be foolish to think that all are. And who are these people now being so vilified by the federal government? They are stocking shelves at the grocery store and cooking your food at a local restaurant. They are people contributing to the community and adding to the Summit culture. And truth be told, if I must pick between a local hardworking immigrant and an ICE official arriving in an unmarked vehicle with full storm-trooper attire, I know which way I am going. Every time. And the time is coming, soon, for us to take a stand, as ICE will be here, eventually. How will you react?

Scott M. Estill’s column “Challenges, Choices, Changes” publishes biweekly on Thursdays in the Summit Daily News. Estill is an attorney, author, and public speaker who lives in Dillon when not traveling or attending to legal matters in Denver. Contact him at scott@scottestill.com.