Washington cuts off ICE access to data system used for immigration enforcement

SEATTLE — The state Department of Licensing revoked Immigration and Customs Enforcement access to a data search system Wednesday after discovering the federal agency used it to get information about a Kirkland man targeted for deportation.

The use of that data for immigration enforcement, confirmed by the state after a KING 5 investigation, violated an agreement between the licensing department and ICE's Homeland Security Investigations, according to Nate Olson, a DOL spokesperson.

The revelation that state licensing data had been used for immigration enforcement took some lawmakers and immigrant advocates aback. The 2019 Keep Washington Working Act prohibits most state agencies from cooperating with immigration enforcement.

In 2018, Seattle Times reporting showed the department had been regularly sharing driver's license applications with immigration authorities. Federal officers would directly ask DOL for the information by email and state employees would respond.

The state department stopped the practice after it became public, saying it would no longer release information without a court order, and announced the resignation of a deputy director.

But ICE continued to have a back door to state licensing information. Immigration authorities could search a licensing department database through several systems used by law enforcement agencies, including one called Driver and Plate Search, or DAPS.

Of the systems used, DAPS is the only one the state controls, according to Olson and Brionna Aho, spokesperson for Gov. Bob Ferguson.

DAPS is distinct, and particularly useful, for its ability to conduct what Olson called a wild card" search using only partial license plate information. One can plug in, say, a number and a letter and get all license plates in Washington containing both. For each license plate, one could find out the name of the registered owner and that person's address.

In a statement, DOL said it takes "our responsibility to protect Washingtonians' information very seriously" and said it was "important to understand" data searchable through DAPS "does not contain information about individuals' immigration status." Nor does it provide photos, Social Security numbers or birth countries.

Various law enforcement agencies that use DAPS are required to sign an agreement every year saying they will not use the system for immigration enforcement, Olson said. Homeland Security Investigations, which investigates criminal activity such as drugs and weapons smuggling, signed such an agreement. The side of ICE charged with enforcing immigration law and deporting people did not have DAPS accounts but the two sides of the agency appeared to be talking to each other, judging by the arrest the state confirmed.

The man arrested was ordered removed by an immigration judge last year after failing to show up for a hearing. He was arrested Aug. 4, when he allegedly bit an officer attempting to handcuff him, and was then charged with assault on a federal officer.

The federal complaint outlining that charge refers to a May "query of Washington State Department of Licensing records" that allowed officers to know who a black Dodge Charger they were scoping out in Kirkland was registered to.

The licensing department deduced that search was of a federal database, rather than DAPS, in part because it yielded a photo, which DAPS doesn’t provide. But the department found Homeland Security Investigations searched DAPS the following month on the Kirkland man's license plate number — two months before his arrest.

The Trump administration has called upon many federal agencies to share information and work with each other in carrying out its plans for mass deportation. The IRS, for instance, participated in a Kent workplace immigration raid in May.

The following month came reports that the administration ordered the federal Centers for Medicare and Medicaid Services to give the Department of Homeland Security immigration and protected health data of non-U.S. citizens, according to reporting by The Associated Press. The shared information includes data from Apple Health enrollees in Washington.

Gov. Bob Ferguson did not respond by press time to an interview request about this latest example of state information obtained by immigration authorities. ICE did not respond to a request for comment.

"We are working hard to make it as difficult as possible for the federal government to improperly access information about Washingtonians," DOL said in its statement. "That said, there are no easy answers on how to meet legitimate law enforcement needs while protecting Washingtonians from immigration officials who are willing to lie to obtain information."

State Sen. Rebecca Saldaña, a Seattle Democrat, expressed frustration the state relies on an agreement with the licensing department without auditing agencies to make sure they are abiding by its terms. "We're expecting good faith from ICE, which is not practical," Saldaña said.

The senator said she intends to consult with the state attorney general's office about whether more could be done, including possible legislation, to ensure compliance.

Saldaña also questioned whether the licensing department could turn around and reissue an agreement with ICE in time. In 2018, she pointed out, she and others believed the licensing department was done with providing information to ICE.

State Sen. Lisa Wellman, a Mercer Island Democrat and prime sponsor of the Keep Washington Working Act, called the new revelation "unacceptable" and said it flies in the face of assurances to her from DOL when KING 5's first story on the matter came out last month.

At that time, several immigrant advocacy groups wrote the governor and the Department of Licensing demanding it end all contracts with agencies involved with immigration enforcement and conduct an audit of state agencies to identify "all active or passive information sharing with federal officials.

Roxana Norouzi, executive director of OneAmerica, one of the organizations that wrote the letter, said she was happy to hear the state has revoked ICE's access to DAPS but was disappointed it didn't happen sooner.