A nonprofit watchdog group has filed a lawsuit against federal agencies seeking records related to a data sharing agreement between the Transportation Security Administration (TSA) and Immigrations and Customs Enforcement (ICE). This agreement reportedly involves the use of domestic travel data for immigration enforcement purposes.
The lawsuit was filed Thursday in the U.S. District Court for the District of Columbia by American Oversight. This action follows remarks made by acting TSA Administrator Ha Nguyen McNeill to Congress earlier in the week, asserting that sharing passenger data with other agencies for immigration enforcement falls within TSA’s authorities.
Lawsuit Demands Transparency on TSA Data Sharing
American Oversight filed Freedom of Information Act (FOIA) requests in an effort to uncover the full extent of the data sharing collaboration. The nonprofit is seeking to determine what specific information is being exchanged between TSA and ICE and whether U.S. citizens have been implicated in any enforcement actions resulting from this data sharing.
The group claims that their initial FOIA requests were denied, and subsequent attempts to appeal the decisions under FOIA law have gone unanswered by the agencies. The lawsuit states that there has been a failure by the TSA to provide notification regarding the scope of responsive records and the justifications for any withholdings.
Background of the Data Sharing Agreement
A report from December highlighted that the data-sharing partnership includes sensitive passenger information like names and birth dates. According to the report, TSA reportedly provides ICE with passenger data for upcoming flights several times a week. ICE then cross-references this data with its own immigration records.
This program’s expansion is seen as part of a broader effort by the Department of Homeland Security (DHS) and ICE to increase immigration enforcement in previously less-targeted areas. Such a strategy was reportedly employed in the apprehension and deportation of a college student from Boston’s Logan Airport in November 2025, a case later determined by a court to be an illegal deportation.
TSA Defends Data Sharing Authority
Acting TSA Administrator Ha Nguyen McNeill has defended the data-sharing practice, stating to Congress that it aligns with the national security mandate of DHS. The argument is that both TSA and ICE are part of DHS, allowing them to legally share data among component agencies, unlike situations governed by the Privacy Act. This inter-agency cooperation is described as a deliberate effort to avoid operational silos within the department.
During congressional questioning, McNeill was pressed on the specific legal basis for the TSA’s actions. She responded that the agency was acting within its “absolute authorities” and reiterated that DHS was established by Congress to foster inter-agency collaboration for national security purposes.
However, some lawmakers have questioned this characterization. Concerns have been raised that TSA’s primary mission is transportation security, not assisting ICE with immigration enforcement. The point has also been made that there is no federal law prohibiting undocumented individuals from flying domestically within the United States.
Next Steps and Uncertainties
The lawsuit filed by American Oversight initiates a legal process that could compel the release of the requested records. The court will review the FOIA requests and the agencies’ responses, or lack thereof, to determine if disclosure is warranted. The outcome may shed further light on the full scope of the TSA-ICE data sharing agreement and its implications.
Meanwhile, the TSA has committed to providing legislative clarification on the statutes it relies on for this partnership. The public and watchdog groups will be watching closely to see what specific legal authorities are cited and how the court interprets the balance between national security, immigration enforcement, and the privacy rights of travelers.