It figures that federal immigration officials are beginning to do the right thing only after doing the wrong thing a couple of times in a row. Federal immigration officials say they’ve released nearly 3,000 detained immigrants affected by the supposedly accidental data leak that revealed birthdates, detention locations, and other protected information.
No one wants their personal data leaked. It’s a particularly risky scenario for the thousands of migrants who were affected, because they’re currently seeking asylum after fleeing persecution in their home nations. Many, like asylum-seekers from Cuba, could be targeted for retaliation if they’re deported and officials in their home countries find out they’d sought safety in America.
RELATED STORY: 'Flagrant violation of privacy': ICE 'accidentally' posts asylum-seekers' personal information
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But while The Los Angeles Times reports that nearly 3,000 immigrants have been released from Immigration and Customs Enforcement (ICE) custody, a group of migrants were still deported after the November 2022 leak, which occurred during a routine website update around the Thanksgiving holiday. The remaining migrants are still detained.
”ICE will not deport any immigrants affected by the disclosure until they have a chance to raise the issue in immigration court,” the report said. But roughly 100 were deported right before the leak was found. “Another group—fewer than 10 people, officials said—was deported shortly after the data leak but before those migrants were notified. The agency is willing to help those deportees who wish to return to the U.S. and seek asylum, officials added.” It’s essential that the agency locate those deported people, and make sure they actually know this.
But remember how I mentioned at the very beginning that there were multiple fuck-ups? Not only did ICE post the personal information of thousands of vulnerable people, the Department of Homeland Security said last month that an official “inadvertently” informed Cuba that dozens of nationals slated for deportation had been among those whose information was leaked. Cuba has imposed lengthy prison sentences on dissenters, a fate that could also fall on asylum-seekers.
U.S. officials have since released some Cuban migrants affected by the confidentiality breaches. “I am super happy. It was a saga to get out of Cuba,” Ronald Rodriguez Torres told the Miami Herald in late December. Officials had actually released Rodriguez Torres’ wife, Mailien Gonzalez, after processing them last fall. But they kept Rodriguez Torres detained for months, only releasing him because of the leaks.
The Los Angeles Times says that 2,200 immigrants affected by the breaches are still detained while officials review their cases. A group of about a dozen detained immigrants also appear set to sue, an immigration attorney said. Another advocate told the outlet that the federal government must allow deported individuals affected by the breaches to return for a brand-new asylum claim.
“Although inadvertent, ICE put lives at risk through this data breach,” National Immigrant Justice Center’s Heidi Altman said. “The commitments ICE has made to those impacted will go a significant way toward mitigating the harm done, but only if ICE is diligent and transparent in making good on its promises.” Expecting ICE to do the right thing can often result in very long waits. But if nearly 3,000 people affected by its mistake have been released, that could bode well for the remaining number.
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