ACLU FOIA Litigation Continues to Disclose ICE Proposals to Expand Immigration Detention Nationwide

WASHINGTON — Ahead of confirmation hearings for President-elect Trump’s nominee for secretary of the Department of Homeland Security, Kristi Noem, the American Civil Liberties Union is urging the Senate Homeland Security and Governmental Affairs Committee to evaluate her record on civil rights and liberties amid Trump’s promise to deport mass number of immigrants from the United States. While the ACLU does not endorse or oppose nominees for cabinet-level positions as a matter of organizational policy, we have spent more than 100 years holding power accountable. In line with that history, we are examining and publicizing cabinet nominees’ records on civil rights and civil liberties and urging senators to seek and obtain commitments from the nominees on key concerns. “In its short history, the Department of Homeland Security has been responsible for implementing some of the worst anti-immigrant actions family separation, and is now poised to execute President Trump’s promise of mass deportations,” said Sarah Mehta, senior policy counsel at the ACLU. “This is our nation’s largest domestic law enforcement agency, and under any president, DHS’ unchecked authority should be cause for alarm. Given President-elect Trump's promises, the stakes are even higher. The Senate must take seriously its ‘advice and consent’ role and get Kristi Noem on the record on important issues that impact all our communities, including surveillance, religious and racial profiling, and use of force against protestors.” The Department of Homeland Security, founded in 2002, combines an array of federal resources and agencies covering counter-terrorism operations, border security, immigration enforcement, intelligence gathering, and disaster management. The ACLU objected to its creation at the outset — warning this sprawling mandate would target immigrants and lead to racial and religious profiling. Over the years, we have sued for a range of abuses and violent conduct, including excessive force against protestors; deadly detention facilities; numerous incidents of racial profiling; and illegal arrests and detention of U.S. citizens as well as immigrants and visitors. Homeland Security was also pivotal in Trump’s most extreme policies during his first administration — including his family separation policy — and has been responsible for the expansion of invasive domestic surveillance and intelligence gathering, including facial recognition software. Kristi Noem represented South Dakota in the U.S. House of Representatives before becoming governor in 2019. In 2017, as a member of Congress she backed then-President Trump’s Muslim ban policies, although two years later as governor she allowed refugee resettlement to resume in South Dakota. During her time as governor, she has adopted Texas Gov. Abbott’s “invasion” rhetoric, referring to the U.S. border with Mexico as a “warzone” and sending National Guard troops to Texas to join the abusive Operation Lone Star. However, by and large Noem’s record on immigration and other DHS issues remains thin. If confirmed by the Senate, Noem will be charged by President-elect Trump to prioritize DHS funds on detention and deportations, even at the cost of our preparedness for and ability to respond to natural disasters. The Trump White House is also expected to dramatically increase DHS surveillance and intelligence and militarized policing in our communities — especially among our most vulnerable populations — for years to come. The ACLU is urging the Senate to get Noem on the record on key questions, including: Will you seek assistance from uniformed military personnel to conduct militarized immigration raids in our neighborhoods and build large-scale detention camps across our nation? Will you re-implement President-elect Trump’s family separation policy? Will you use the Federal Emergency Management Agency (FEMA) and other non-immigration DHS agencies to support mass deportations, or withhold them to punish states and localities that refuse to participate in mass deportations? What steps will you take to protect our privacy and civil liberties from federal domestic surveillance, intelligence gathering, and watchlisting? Will you prevent these powers from being used against protestors or to be targeted at perceived opponents of the president? For years, CBP, ICE, and other components of DHS purchased individuals’ data from data brokers to surveil and track us, including for immigration purposes. Last year, it was reported that DHS was expected to pause data purchases. Will you continue the pause on data purchases?

For many people seeking safety, the journey to winning asylum in the U.S. is long. The ACLU goes behind the scenes of our new series, Letters to America, to reflect on what daily life looks like for individuals building a new home in the States.

WASHINGTON — The Biden administration today announced an extension of Temporary Protected Status (TPS) for El Salvador, Sudan, Ukraine, and Venezuela — impacting more than 900,000 people — through late 2026. The American Civil Liberties Union and partners have been urging President Biden to designate and redesignate eligible countries. TPS protects people who cannot safely return to their country of nationality due to ongoing armed conflict, environmental disasters, or other similar conditions. Today’s actions are especially important ahead of the inauguration of President-elect Trump, who has pledged a mass deportation agenda. “TPS holders — many of whom are longtime residents — live in every corner of this country, contributing to our communities and our economy,” said Maribel Hernández Rivera, ACLU director of policy and government affairs, border and immigration. “As the spouse of a TPS holder from Honduras whose family members have been killed due to ongoing violence, I know firsthand the importance of this protection to keep our loved ones safe, our families together, and our communities thriving. This announcement will help keep families together and shield nearly a million people, if only temporarily, from Trump’s cruel deportation machine. We applaud the Biden administration for taking this monumentally impactful action.”

Jean Paul* fled civil war in Cameroon, risking his life on an arduous journey that included four days spent walking in the Darién Gap, to seek asylum in the U.S. Today, he’s ready to tell his story.