No TSA Data for ICE Act
- Sponsor
- Rep. Tlaib, Rashida [D-MI-12]
- Committees
- Ways and Means Committee (primary)
- Last action
- Aug 4, 2026
Bottom line
The bill aims to enhance privacy protections for air travelers and safeguard First Amendment rights by restricting data sharing within the Department of Homeland Security and preventing adverse actions in Trusted Traveler programs based on protected activities.
What it actually does
This bill amends the Homeland Security Act of 2002 to prohibit the Secretary of Homeland Security from accessing or utilizing specific information, including data from the Transportation Security Administration (TSA) and personally identifiable flight passenger data from private sector entities, for functions carried out by U.S. Customs and Border Protection (CBP) or U.S. Immigration and Customs Enforcement (ICE). Additionally, it prevents the Secretary from denying, suspending, or terminating an individual's enrollment in Trusted Traveler programs (such as PreCheck or Global Entry) based on their participation in activities protected by the First Amendment.
Proponents argue
Supporters argue that this bill is crucial for protecting civil liberties and privacy by preventing the misuse of sensitive travel data by immigration enforcement agencies. They contend that sharing TSA data with ICE and CBP can lead to discriminatory targeting and deter individuals from exercising their constitutional rights, particularly regarding protest or advocacy. Furthermore, they assert that participation in Trusted Traveler programs should not be jeopardized by protected speech or assembly.
Opponents contend
Opponents might argue that restricting data sharing between DHS components could hinder national security efforts and border enforcement, making it more difficult to identify and apprehend individuals who pose risks. They might contend that access to comprehensive data is essential for effective immigration enforcement and maintaining the integrity of border security operations. Additionally, they could argue that the current system has necessary checks and balances to prevent abuse.
The bill is very short and straightforward, allowing for a quick and comprehensive understanding of its provisions.
Section 2(a), adding new Section 714(a) to the Homeland Security Act of 2002.
Prohibition on DHS Information Sharing with CBP and ICE
This provision forbids the Secretary of Homeland Security from directly or indirectly accessing or using "specified information" to carry out functions of U.S. Customs and Border Protection (CBP) or U.S. Immigration and Customs Enforcement (ICE). "Specified information" includes data from the Transportation Security Administration (TSA) and personally identifiable flight passenger data from private sector brokers.
Supporters argue
Supporters argue this provision is essential to prevent a "surveillance state" where travel data, collected for security screening, is repurposed for immigration enforcement, potentially leading to racial profiling or targeting of specific communities. They assert it upholds privacy rights and ensures data collected for one purpose is not used for another without explicit consent or legal justification.
Critics contend
Opponents might contend that this restriction creates unnecessary silos within DHS, hindering intelligence sharing critical for national security and effective border management. They could argue that denying CBP and ICE access to such data could impede their ability to identify and interdict individuals who pose security risks or are in violation of immigration laws.
Tradeoffs
The provision balances individual privacy rights and concerns about government overreach against the government's interest in comprehensive data access for national security and immigration enforcement. It highlights the tension between data utility for security and the potential for misuse or mission creep.
Section 2(a), adding new Section 714(b) to the Homeland Security Act of 2002.
Protection of First Amendment Activities in Trusted Traveler Programs
This provision prohibits the Secretary of Homeland Security from denying, suspending, or prematurely terminating an individual's enrollment in various Trusted Traveler programs (including PreCheck, Global Entry, SENTRI, FAST, NEXUS, and APEC Business Travel Card) solely because of their participation in activities protected by the First Amendment to the U.S. Constitution.