Accidental ICE Data Dump Could Endanger Protection Applicants

Hamed Aleaziz, Los Angeles Times, Nov. 30, 2022

"Immigration and Customs Enforcement accidentally posted the names, birthdates, nationalities and detention locations of more than 6,000 immigrants who claimed to be fleeing torture and persecution to its website on Monday. The unprecedented data dump could expose the immigrants — all of whom are currently in ICE custody — to retaliation from the very individuals, gangs and governments they fled, attorneys for people who have sought protection in the U.S. said. The personal information of people seeking asylum and other protections is supposed to be kept confidential; a federal regulation generally forbids its disclosure without sign-off by top officials in the Department of Homeland Security. The agency is investigating the incident and will notify the affected immigrants about the disclosure of their information. The agency has said it will not deport immigrants whose information it mistakenly posted until it is determined whether the disclosure affects their cases. ... Diana Rashid, managing attorney of the National Immigrant Justice Center, found the name of one of her organization’s clients — a Mexican woman — on the list. “We are deeply concerned about our client’s safety after ICE publicly shared this very sensitive information about her and thousands of others like her,” she said. “She is seeking protection from removal because she fears persecution if returned to her country of origin. Revealing this information makes her more vulnerable to the persecution and abuses she fears if deported.” The disclosure of the information put lives at risk, said Heidi Altman, director of policy at the National Immigrant Justice Center, an immigrant advocacy organization. “The U.S. government has a crucial obligation to hold asylum seekers’ names and information in confidence so they don’t face retaliation or further harm by the governments or individuals whose persecution they fled,” Altman said. “ICE’s publication of confidential data is illegal and ethically unconscionable, a mistake that must never be repeated.” ... “This episode adds to ICE’s well-documented history of dysfunction and internal accountability lapses,” said Nate Wessler, an attorney with the American Civil Liberties Union who specializes in privacy issues. ... The agency said the data were posted at 6:45 a.m. Pacific Monday and included the names and information of 6,252 immigrants seeking protection. Just before 11 a.m., Human Rights First notified the agency of the breach. ICE will tell the attorneys of the affected immigrants or the immigrants themselves about the disclosure. “This will allow noncitizens or their attorneys-of-record to determine whether the disclosure may impact the merits of their protection claim,” an agency spokesperson said in a statement. The agency is also monitoring the internet for potential reposting of the data, a spokesperson said."