Disaster Data Protection Act
- Sponsor
- Rep. Pettersen, Brittany [D-CO-7]
- Committees
- Judiciary Committee (primary)
- Last action
- Oct 22, 2026
Bottom line
The Disaster Data Protection Act aims to protect individuals' personal data collected by disaster relief organizations from being used by immigration enforcement without a judicial warrant, fostering trust in humanitarian aid.
What it actually does
This bill prohibits the U.S. Immigration and Customs Enforcement (ICE) from using federal funds to acquire personally identifiable information (PII) that non-governmental organizations collect during natural disaster relief efforts. It includes an exception allowing ICE to obtain such information if a judicial warrant is secured. The bill broadly defines PII to include direct identifiers and grouped information, and broadly defines natural disasters.
Proponents argue
Supporters argue this bill protects vulnerable populations, particularly undocumented immigrants, who might otherwise fear seeking aid during natural disasters if their personal information could be shared with immigration enforcement. They contend it fosters trust between disaster victims and relief organizations, ensuring that humanitarian aid reaches everyone in need without fear of deportation, thereby promoting public health and safety for all residents.
Opponents contend
Opponents might argue that this bill could hinder law enforcement's ability to identify individuals who may pose a public safety risk or are subject to existing immigration orders, even during disaster scenarios. They might contend that it creates an unnecessary barrier to information sharing that could be critical for national security or criminal investigations, potentially allowing individuals to evade lawful apprehension under the guise of disaster relief.
The bill is very short and clear, making it highly accessible for a reader to evaluate its core provisions quickly.
Section 2(a)
Prohibition on ICE Obtaining Disaster-Related PII
This section forbids the Director of U.S. Immigration and Customs Enforcement (ICE) from using any federal money to get personal information that non-governmental groups collect when they help people during natural disasters. This means ICE cannot simply request or buy this data from relief organizations.
Supporters argue
Supporters argue this provision is crucial for ensuring that all individuals, regardless of immigration status, feel safe seeking humanitarian aid during emergencies. They believe it prevents the weaponization of disaster relief data for immigration enforcement, thereby promoting public health and safety for all residents.
Critics contend
Critics might argue this provision could create a 'sanctuary' for individuals with outstanding warrants or criminal records during disasters, making it harder for ICE to perform its enforcement duties. They may contend it could be exploited by individuals seeking to avoid lawful apprehension.
Tradeoffs
This provision balances the humanitarian goal of providing disaster relief without fear against law enforcement's interest in accessing information for immigration enforcement, creating a tension between public safety and privacy.
Section 2(b)
Judicial Warrant Exception for PII Access
This section creates a specific condition under which non-governmental entities *can* share personal information with ICE: if the Director of ICE first obtains a judicial warrant for that information. This means a court must approve the request based on probable cause, ensuring legal oversight.
Section 2(c)(1)
Definition of Personally Identifiable Information
This section broadly defines 'personally identifiable information' to include any data that can identify an individual directly (like name, address, Social Security number, alien registration number, date of birth) or indirectly when grouped with other information (like education, financial, medical, criminal, or employment history, if it includes a name, fingerprint, voice print, or photograph).