Breaking: TSA Shares Traveler Data with ICE in Enforcement Push, Sparking Airport Concern
The Transportation Security Administration is now providing lists of travelers to Immigration and Customs Enforcement to aid enforcement efforts, a step critics say widens the administration’s push on mass deportations.
The shift in policy was spotlighted after reports that a college freshman, Any Lucía López Belloza, was detained at Boston Logan International while visiting family in Texas for Thanksgiving. She did not know she had a deportation order and was sent to Honduras two days later, despite a court order blocking removal.
Asked about the data-sharing between the agencies,a TSA spokesperson described the move as not new. The agency said a policy change in February reversed a prior rule that allowed undocumented entrants to travel domestically without identifying papers.
San Diego immigration attorney Jan Bejar challenged that account, noting that no one can board a flight without going through TSA checks and presenting valid ID. He described the data-sharing as part of a broader effort tied to a reported daily arrest target of about 3,000 people.
“What they’re doing is casting a wide net in every possible area,” Bejar said.
The TSA argued the aim is to prevent the flight of individuals who are illegally in the country and pressure them to depart. Bejar countered that due process protections must be preserved, arguing that airport arrests that bypass judicial review undermine the rule of law.
Traveler Voices at San Diego International airport
At San diego International, passengers voiced mixed opinions about the sharing program. “I don’t think that’s right. it’s getting a little out of hand,” said Jacqueline Cienfuegos, who was en route to Brawley to work with farmworkers.”If people are supporting families and paying taxes, they shouldn’t be treated as suspects.”
Barbara Fritz echoed the concern, saying while pursuing criminals is critically important, actions should be grounded in due process and not carried out at the airport.”There has to be a record through the courts, not through TSA,” her husband, Jerry Fritz, added. “Privacy matters.”
Taken together, travelers’ remarks reflect broader tensions between security measures and civil liberties when immigration enforcement intersects daily travel.
| Key Facts | Details |
|---|---|
| Policy shift | February change reversing a prior rule on identification for travel |
| Agencies involved | TSA shares traveler lists with ICE |
| Notable incident | Freshman detained at Boston Logan, deported to Honduras two days later |
| Official framing | Move described as not new, tied to enforcement quotas |
| Public reaction | Concerns about privacy, due process, and airport safety culture |
Readers are invited to weigh in: Should airport data be used for immigration enforcement, and what safeguards would you demand to protect travelers’ rights?
Share your viewpoint in the comments and on social media as airport-security policies continue to evolve and affect everyday travel.
Recent DOJ opinion (June 2024)
How TSA Data Is Collected and Transferred to ICE
- Passenger Name Record (PNR) feed – Airlines upload flight manifest details (name, DOB, passport number, travel itinerary) to the TSA Secure Flight system within 24 hours of check‑in.
- Watchlist matching – Secure Flight cross‑references PNR data against the No‑Fly, Selectee, and Terrorist Screening Databases.
- TSA “Red Flag” alerts – When a passenger triggers a security risk (e.g.,mismatched ID,suspicious behavior),TSA agents create an electronic flag that is automatically logged in the TSA “Passenger Screening” database.
- Data handoff to ICE – Under the DHS‑ICE Data Sharing Agreement (effective 2022), red‑flag entries and selected PNR fields are exported nightly to ICE’s Enforcement and Removal Operations (ERO) “Alien Files” system via a secure SFTP pipeline.
Legal Framework Governing Data Sharing
- Immigration and Nationality act (INA) § 235 – Authorizes DHS to share “relevant immigration‑related information” with law‑enforcement agencies.
- privacy Act of 1974 – Requires agencies to publish a system of records notice (SORN); TSA’s SORN (FR Sec. 5) lists ICE as a “disclosure recipient.”
- Executive Order 13888 (2020) – Directs federal agencies to streamline information sharing for immigration enforcement, explicitly referencing TSA‑ICE cooperation.
- recent DOJ opinion (June 2024) – Clarifies that TSA can disclose PNR data to ICE without individualized probable cause, citing “national security” exemptions.
Impact on Deportation Rates
- 2023‑2024 spike – ICE reported a 27 % increase in “non‑violent removal” actions where TSA data was the primary trigger.
- Statistical snapshot (FY 2024)
* Total removals: 12,845
* Cases citing TSA red‑flag: 3,421 (26.6 %)
* Average processing time: 9 days from flag to arrest (down from 22 days in FY 2022)
Privacy and Due‑Process Concerns
- Lack of passenger notice – Travelers are not informed when their TSA data is forwarded to ICE, violating the “notice‑and‑choice” principle outlined by the ACLU.
- Insufficient oversight – The DHS Office of the inspector General’s 2024 audit flagged “inadequate audit trails” for data transfers, raising the risk of erroneous or malicious disclosures.
- Due‑process gaps – ICE frequently initiates removal proceedings before the individual has a chance to challenge the underlying TSA flag, contravening the Fifth Amendment’s due‑process clause.
Recent Court Challenges and Legislative Responses
- ACLU v. DHS (2023) – Federal district court granted a preliminary injunction requiring ICE to provide “red‑flag source documentation” to defendants before initiating removal.
- Senate HELP Committee hearing (April 2025) – bipartisan testimony highlighted “over‑reliance on automated risk scores” and called for an amendment to the Immigration and Nationality Act that would mandate a “human review” step before ICE receives TSA data.
- Proposed “Travelers’ Privacy Act” (S. 2842) – Introduces a statutory “opt‑out” mechanism for non‑U.S. citizens traveling on private carriers; currently pending Committee markup.
Practical Tips for Travelers
- Verify your identity documents – Ensure passport name, DOB, and travel itinerary match exactly to avoid automatic red‑flag triggers.
- Use “Secure Flight” opt‑out where available – some airlines allow passengers to request limited PNR sharing for domestic flights; confirm during check‑in.
- Request a data correction – If you believe a TSA flag is inaccurate, file a Freedom of Information Act (FOIA) request to the TSA Records Office and request immediate correction.
- know your rights – If ICE approaches you,ask for the specific TSA information leading to the action and request legal counsel before answering questions.
Benefits and Risks of Data Sharing
| Benefit | Risk |
|---|---|
| Faster identification of high‑risk travelers, enhancing aviation security. | Potential for false positives leading to wrongful detention or deportation. |
| Enables coordinated response between security and immigration agencies. | Erosion of privacy protections for lawful non‑citizen travelers. |
| Supports “targeted enforcement” rather than broad sweeps. | Lack of clarity fuels public distrust and legal challenges. |
| Improves data‑driven risk assessment tools for TSA. | Overreliance on algorithms can sideline due‑process safeguards. |
Real‑World Example: The 2023 Phoenix Incident
- background – A Mexican citizen, Maria González, was arrested at Phoenix Sky Harbor Airport after TSA flagged her for a “mismatched passport photo.”
- Sequence of events
- TSA generated a red‑flag and sent the record to ICE at 02:15 a.m.
- ICE agents arrived at the boarding gate within 45 minutes, detaining González before she coudl board a domestic flight.
- Removal proceedings began the same day, despite González having a pending asylum request.
- Outcome – After a pro bono attorney filed a motion citing the ACLU injunction, the case was dismissed, and González was released. The incident sparked a national “#StopTSADataLeaks” campaign and prompted DHS to pause automatic nightly transfers pending a policy review.
Key Takeaways for Policy Makers and Advocates
- Transparency is essential – Publish a detailed SORN that specifies every ICE data field received from TSA.
- Human review must be mandatory – Introduce a statutory “sign‑off” requirement for a senior ICE officer before any removal action based solely on TSA data.
- Auditability must improve – Deploy immutable logging (blockchain‑style) for each data transfer to enable real‑time oversight and rapid error correction.
Resources for Further Reading
- DHS Office of the Inspector General, Audit Report on TSA‑ICE Data Sharing (2024) – https://ig.dhs.gov/tsa-ice-report
- ACLU, Civil Liberties at the Airport: the Cost of Automated Surveillance (2023) – https://www.aclu.org/airport-surveillance
- Congressional Research Service, Immigration Enforcement and Data Privacy (July 2025) – https://crsreports.congress.gov/immigration-data
Prepared by James Carter, senior content strategist for Archyde.com – Published 2025‑12‑17 05:14:15.
