Emergency Assistance Privacy Protection Act of 2026
- Sponsor
- Rep. Pettersen, Brittany [D-CO-7]
- Committees
- Transportation and Infrastructure Committee (primary)
- Last action
- Oct 22, 2026
Bottom line
The bill aims to ensure that individuals, regardless of immigration status, can seek and receive federal disaster assistance without fear that their personal information will be used for immigration enforcement.
What it actually does
This bill prohibits the Department of Homeland Security from using personally identifiable information (PII) collected by the Federal Emergency Management Agency (FEMA) during disaster assistance operations for the purpose of enforcing immigration laws. It broadly defines PII to include various identifiers and personal histories, ensuring that individuals seeking emergency aid do not face immigration consequences based on information shared with FEMA.
Proponents argue
Supporters argue that this bill is crucial for effective disaster response, as it encourages all affected individuals, including undocumented immigrants, to seek necessary aid without fear of deportation. They contend that ensuring privacy protections for PII collected by FEMA builds trust within vulnerable communities, leading to more comprehensive and efficient recovery efforts for everyone. This approach prioritizes humanitarian aid and public safety over immigration enforcement during emergencies.
Opponents contend
Critics might argue that this bill creates a loophole for individuals who are in the country illegally, potentially undermining immigration enforcement efforts. They could contend that all federal agencies should be able to share information to uphold existing laws, and that restricting data sharing could compromise national security or the integrity of immigration policies. Some might also express concerns about potential misuse of disaster aid by individuals who are not legally present.
The bill is exceptionally short and clear, making it very accessible for any reader to understand its core purpose and provisions quickly.
Section 2(a) and 2(b)
Prohibition on Use of Personally Identifiable Information for Immigration Enforcement
This section explicitly forbids the Department of Homeland Security (DHS), through FEMA, from using any personal information gathered when providing disaster relief to enforce immigration laws. It defines "personally identifiable information" broadly to include names, addresses, social security numbers, alien registration numbers, and other identifying data, as well as personal histories like education or medical records. The intent is to create a clear firewall between disaster assistance and immigration enforcement.
Supporters argue
Supporters argue that this provision is essential for humanitarian reasons, ensuring that all individuals in need, regardless of immigration status, feel safe accessing critical disaster relief. They contend that fear of immigration enforcement can deter vulnerable populations from seeking help, hindering overall community recovery and public health efforts.
Critics contend
Opponents might argue that this provision creates an unnecessary barrier to information sharing between federal agencies, potentially impeding comprehensive law enforcement efforts. They could assert that it might be perceived as legitimizing illegal immigration by offering protections that are not extended in other contexts, and that it could be exploited.
Tradeoffs
The bill balances the humanitarian imperative of providing disaster relief to all affected individuals with concerns about immigration law enforcement. It prioritizes ensuring access to aid by reducing fear among vulnerable populations, potentially at the cost of limiting information available to immigration authorities.
The prohibition on using PII applies to assistance provided "pursuant to the declaration of a major disaster or emergency under section 401 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170; 5191)".
Section 2(a)
Why it matters:This is standard legislative practice to define the scope of a bill by referencing existing law, ensuring consistency and avoiding re-writing established definitions. It's not evasive.
Case for: Referencing the Stafford Act ensures that the privacy protections align precisely with the established framework for federal disaster aid, preventing ambiguity about which types of assistance are covered.
Case against: For a lay reader, the reliance on external statutory references requires additional research to fully understand the specific types of assistance covered, potentially obscuring the bill's full scope without detailed knowledge of the Stafford Act.
Estimated impact: Clarifies the specific contexts (major disasters and emergencies) in which FEMA's PII collection is protected from immigration enforcement use.
The term "immigration laws" is defined by reference to "section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))".
Section 2(a)
Why it matters:This is standard legislative practice to incorporate existing statutory definitions by reference, ensuring legal consistency and avoiding redundancy. It is not evasive.
Case for: Referencing the Immigration and Nationality Act provides a comprehensive and legally established definition of "immigration laws," ensuring that the prohibition covers the full spectrum of relevant enforcement activities without needing to enumerate them within this bill.
Case against: A reader unfamiliar with 8 U.S.C. 1101(a) would need to consult that statute to fully understand the precise scope of "immigration laws" covered by the prohibition, which could make the bill's implications less immediately clear.
Estimated impact: Ensures the prohibition covers all aspects of immigration enforcement as defined in primary immigration law.