Government Data Privacy Considerations in the ICE Age

Source Domain: www.govtech.com

Federal government requests to access state and local data have been met with some resistance, with some governments taking action to safeguard residents’ information from being used for immigration enforcement purposes.

States have been grappling with questions around data ownership following a 2025 executive order, as it could require the sharing of information they collected with, in some cases, the promise of privacy. Some governments have taken actions in recent years to make data collection more inclusive in an effort to better serve all residents, taking into consideration things like disability, gender identity and immigration status.

However, immigration status data is sensitive, and state and local governments are facing concerns about sharing it with the U.S. Immigration and Customs Enforcement (ICE).

So, what authority does the federal government have to access state data sets? The answer depends, both on the program and the nature of the request, according to Tanya Broder, the National Immigration Law Center’s senior counsel for health and economic justice policy.

CONSIDERATIONS FOR STATES

States can take steps, like requiring a judicial order to access certain information, to protect the data of their residents, Broder said. This can help governments administer programs without compromising residents’ safety or constitutional rights, she said. The consequences for not protecting such data can be far-reaching, Broder said, impacting U.S. citizens and communities more broadly. For example, if undocumented immigrants do not pay taxes or access health care for fear of their information being used against them, tax-funded systems and public health could face negative impacts.

One example she highlighted, in which litigation is ongoing, is the U.S. Department of Health and Human Services agreeing to share information about Medicaid recipients with the Department of Homeland Security….

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