Colorado Mandates Attorney Pledge: Barred from Aiding Federal Immigration Enforcement

Colorado is compelling private attorneys to sign a legally binding pledge, under penalty of perjury, that they will not use non-public court data to assist federal immigration authorities. The mandate, set to take effect March 30, 2026, ties access to the state's official Courts E-Filing system (CCE) directly to this certification. Any lawyer who refuses is completely locked out—unable to file lawsuits, check case files, or represent clients in Colorado state courts. This creates a direct conflict between state court access and federal law enforcement cooperation.

The certification explicitly forbids attorneys from using or sharing personal identifying information obtained from the court database for the purpose of investigating, participating in, cooperating with, or assisting in federal immigration enforcement. This includes enforcement of civil immigration laws and specific statutes like 8 U.S.C. sec. 1325 or 1326. The rule effectively deputizes the state's electronic filing infrastructure as a barrier, placing lawyers in a position where their professional tools are contingent on a promise not to aid federal agencies in certain contexts.

The move signals a significant escalation in state-level resistance to federal immigration policy, transforming court officers and the legal process itself into a potential firewall. It raises immediate questions about the ethical and legal pressures on attorneys who may encounter information relevant to federal investigations, and it establishes a new front in the ongoing conflict between state and federal jurisdictions over immigration enforcement. The policy directly impacts the operational reality for every private attorney practicing in Colorado state courts.