Immigration arrests linked to Washington driver data 'off the charts'
Published in News & Features
SEATTLE — Immigration arrests linked to a search of Washington driver information have jumped at least fivefold since July, according to new data from the University of Washington’s Center for Human Rights.
Three months ago, the data showed 64 verified cases in about a year.
As of Tuesday, the number had soared to 354.
These numbers are “off the charts” and projected to increase, despite state policies to block federal agents from tapping private driver data, said Angelina Godoy, the center’s executive director.
At a news conference Tuesday, researchers and activists demanded state leaders provide transparency on how driver data is being used to make immigration arrests. They also demanded Gov. Bob Ferguson use his authority to curtail the practice.
“We cannot wait until the next fall to have protections for Washington residents,” said Guillermo Rivera, an organizer with Eastside For All. “We're asking the governor's office to act now. We're asking the governor to review how this information is being collected, how it's being shared, find any gaps or misuse, and use his authority to protect Washington residents.”
In 1993, Washington became the first state to let noncitizens obtain driver's licenses and insurance. In 2018, the Keep Washington Working Act prohibited law enforcement and state agencies from exchanging information with immigration authorities. Godoy said Washington once led the nation in protecting drivers’ privacy and blocking federal immigration agencies from tapping driver information, but it lost that position in recent years.
She said loopholes could allow U.S. Immigration and Customs Enforcement, Customs and Border Protection or the Department of Homeland Security to continue tapping Washington driver information. The main culprit is a data-sharing platform called Nlets. The platform lets agents search Washington’s Department of Licensing database and see information like people’s names and addresses.
“I'm not talking about automated license plate readers or Flock cameras, I'm talking about using a platform that allows them to query simply via Nlets: ‘Who is the registered owner of the car I have in front of me?’” Godoy said.
She said agents often patrol neighborhoods with immigrant populations, or “target-rich” areas, for license plate searches, though these searches can be blocked.
Since each search requires a nine-digit passcode known as an ORI, identifying the agency of the requester, the state can easily block immigration agents’ requests to access driver data.
Washington started blocking Nlets queries from ICE and Homeland Security Investigations last November, but Godoy said agents can still access the platform by entering another agency’s passcode. She said the process is “just like you might share your Netflix password with a family member.”
ICE and DHS did not immediately respond to requests for comment Tuesday.
While ICE and Homeland Security Investigations’ access to Nlets was restricted, Customs and Border Protection is still permitted to search the platform. Last year the state argued that's necessary for the agency to do work at the U.S.-Canada border and airports.
Beyond Nlets, federal immigration agencies across the country have used other methods in the “DMV to DHS pipeline” to tap driver data. Some subscribe to Department of Motor Vehicle databases.
Immigration authorities also solicit information through data brokers. Since departments can sell driver data to businesses, like credit bureaus, insurance companies or toll road operators, those who gain access to driver data can share that information with federal authorities. The Center for Human Rights has struggled to track if this is happening in Washington.
Agents also receive information from law enforcement and state employees collaborating with immigration enforcement. The practice is illegal under the Keep Washington Working Act, but it has been almost impossible to track, according to the center.
Requiring agencies to get a warrant before searching driver data could protect immigrants' safety and right to drive, while preserving agencies’ abilities to investigate major crimes, Godoy said.
Law enforcement agencies need a warrant to search driver data in Oregon, Colorado, Minnesota, Illinois, Virginia, Maryland and Massachusetts, though these policies aren’t airtight, according to the Center for Human Rights. When immigration agencies are blocked from accessing driver information one way, Godoy said they search for loopholes.
“Judicial warrants are a common way in many states, indeed, even in Washington, to balance constitutional rights, the protection against unlawful search and seizure, with the legitimate need for law enforcement investigations of public safety threats,” she said.
Washington will look into how other states block access to driver data, according to a statement from the governor.
“As part of our ongoing effort to protect public safety and limit access to state data for civil immigration enforcement, Ferguson wrote, our team is reviewing what other states and have done, and what is lawful, to require judicial warrants for civil immigration-related requests.”
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