WASHINGTON — The Trump administration has for more than a year used personal information airline passengers provide to the Transportation Security Administration for immigration enforcement, according to documents obtained by a government watchdog group.

The documents, collected by the government accountability organization American Oversight, show for the first time a formal data-sharing agreement since May 2025 between TSA and U.S. Immigration and Customs Enforcement. 

The agreement contradicts congressional testimony from a TSA official who told lawmakers that passenger data was not being collected for the purpose of immigration enforcement. 

American Oversight obtained the records in a federal lawsuit to compel their release through a Freedom of Information Act request. The group posted the documents online Tuesday with a cover letter showing they were obtained July 23.

The New York Times was the first to report on the agreement between TSA and ICE.

As the Trump administration continues its aggressive deportation campaign in the interior of the country, the access to passenger information opens a larger group to immigration enforcement. It is unclear from the documents how many deportations or other immigration enforcement actions the agreement has generated.

Any noncitizen who has an expired visa, is waiting for a legal status renewal or is not authorized to be in the country could have their passenger information handed over to immigration officials, based on the agreement. 

American Oversight Executive Director Chioma Chukwu, said in a statement that the agreement sets “a dangerous precedent with consequences far beyond immigration.”

“Americans provide their personal information to board a plane safely, not to become part of an immigration enforcement system or a government surveillance network,” Chukwu said. “Once the government begins expanding how it uses Americans’ personal information, it raises profound concerns about privacy, civil liberties, and public trust.”

TSA and ICE are both within the Department of Homeland Security. The agreement between the agencies will remain in effect until officials terminate the contract, which will be reviewed every five years to determine if it shall continue, according to the agreement. 

Testimony to Congress

In January, TSA acting Administrator Ha Nguyen McNeil told lawmakers on the U.S. House Homeland Security Committee that the agency shares some information with ICE, but does not “send the information to ICE.”

New York Democratic Rep. Dan Goldman asked McNeill about an agreement with ICE to share information for the purpose of checking if passengers have a deportation order. 

“That is not what is occurring,” she said. “We don’t send the information to ICE, we help ICE check against information.” 

New Jersey Democratic Rep. LaMonica McIver also asked McNeill what passenger information TSA was sharing with ICE.

McNeill did not detail the information TSA shares with ICE, but said her agency was “within our authorities to share information within the Department of Homeland Security to further the national security mission.”

In the newly released documents, TSA cites the 2008 Secure Flight Final Rule as its authority to share data with ICE. The TSA regulation lays out federal procedures for using passenger information for aviation safety.  

David Cummins, President Donald Trump’s pick to be TSA administrator, at a Senate confirmation hearing this month did not detail information that ICE and TSA share when pressed by Michigan Democratic Sen. Gary Peters.

Cummins said he would “try to provide as much as we can within our bounds,” but said he could not commit to sharing details.

TSA and DHS did not respond to States Newsroom’s request for comment.