Full Breakdown
Colorado Attorneys Challenge E-File System's Immigration Disclosure Requirement
4/4/2026, 12:26:26 PM
New Certification Requirement for Attorneys
In Colorado, attorneys are now mandated to certify that they will not disclose personal information to assist federal immigration enforcement, including Immigration and Customs Enforcement (ICE), in order to access the state's court e-file system. This requirement stems from the Protect Civil Rights Immigration Status Act, a state law enacted in 2025, which prohibits the collection or disclosure of immigration status information across various sectors, including healthcare, education, and government. The law was sponsored by Democratic Senators Julie Gonzales of Denver and Mike Weissman of Aurora.
Legal Concerns and Criticism
The new certification process has raised significant concerns among legal professionals in Colorado. Ian Speir, founder of Covenant Law, shared screenshots on X (formerly Twitter) showing the mandatory electronic form that attorneys must accept to use the court-filing system. The form states: "I certify under penalty of perjury that I will not use or disclose personal identifying information... for the purpose of investigating for, participating in, cooperating with, or assisting in federal immigration enforcement." Attorneys are prompted to either "accept" or "decline" this requirement.
Speir criticized the policy, asserting that it compels attorneys to align with the state's anti-federal sanctuary policies. He noted that he does not practice immigration or criminal law, and thus finds the requirement irrelevant to his work. Despite his objections, he felt compelled to accept the terms "under protest" to continue representing his clients and filing legal documents. Former law professor Matt Barber echoed this sentiment, labeling the oath as "indefensible."
Official Responses and Implementation
The Colorado Judicial Department announced that the updated certification process was implemented on March 30, 2025, to comply with the new law. This deployment had been paused in September 2025 for additional review. The department clarified that the majority of court case information remains public, and the new requirement specifically affects access to nonpublic personal identifying information as defined by the statute. Attorneys who choose to decline the agreement must complete a "brief certification" to proceed.
Broader Implications of the 2025 Law
The Protect Civil Rights Immigration Status Act includes additional provisions beyond the e-file system requirement. It prevents civil arrests of individuals present at courthouses and restricts military forces from other states from entering Colorado without executive permission unless acting under federal orders. Furthermore, the law repeals previous requirements for college admission and driver's license applicants to pledge they have applied for lawful presence in the United States.
Conflicting Reports & Gaps
While the Colorado Judicial Department has stated that the majority of information remains public, critics argue that the new requirement effectively undermines cooperation with federal immigration enforcement. The implications of this law and its enforcement continue to be debated among legal professionals and policymakers in the state.
Verbatim Quotes
“I now cannot represent my clients, file lawsuits, access cases, file documents in existing cases,” — Ian Speir, Founder of Covenant Law
“Colorado seems to be unlawfully coopting private attorneys across the state to further its anti-federal sanctuary policies.” — Ian Speir, Founder of Covenant Law
“Attorney and former law professor Matt Barber added on X that the oath the state expects lawyers to take is "indefensible.” — Matt Barber, Attorney and Former Law Professor
