ACLU sues DTOP over information about drivers with irregular immigration status
- The San Juan Daily Star
- Oct 2
- 3 min read
By THE STAR STAFF
The American Civil Liberties Union (ACLU) of Puerto Rico sued the island government Wednesday to obtain documents related to the transfer of confidential information to federal authorities concerning nearly 6,000 migrants who obtained Puerto Rico driver’s licenses under Act No. 97 of 2013.
The ACLU filed a petition for a writ of mandamus Wednesday at the Court of First Instance in San Juan against Transportation and Public Works (DTOP by its acronym in Spanish) Secretary Edwin González Montalvo and the commonwealth.
The ACLU-PR’s action followed DTOP’s refusal to provide copies of information requests issued by the Department of Homeland Security (DHS) and agencies such as Immigration and Customs Enforcement (ICE), as well as the legal assessments and information provided to comply with those requests.
The agency’s response lacked legal support for its claim of confidentiality, which constitutes a breach of ministerial duty and a serious violation of the right to access public information -- a constitutional right in Puerto Rico -- the ACLU-PR noted.
“The legislative intent of this law was specifically to protect data for non-immigration purposes. Therefore, the government acted illegally by providing this information to a federal entity without, apparently, a court order signed by a judge,” said Annette Martínez Orabona, executive director of the ACLU of Puerto Rico. “If such an order exists, we are requesting that it be made public in compliance with the constitutional mandate.”
The lawsuit was prompted by public revelations that DTOP, between February and March of this year, provided federal immigration agencies with personal data on nearly 6,000 drivers with irregular immigration status. The federal government subsequently confirmed that the data is being actively used to identify, locate, arrest without a warrant, and deport immigrants.
The ACLU-PR emphasized that the action by the Puerto Rican government violates Law 97-2013, which requires the DTOP secretary to establish mechanisms ensuring that the driver’s license registry cannot be used to discriminate against individuals and that the information remains confidential.
“The negligence of DTOP has led to devastating and irreversible consequences. Our government has become complicit in systematic human rights violations,” stated Fermín Arraiza Navas, legal director of ACLU-Puerto Rico. “We are facing a humanitarian crisis created by the government itself, where the majority of those detained have been unable to contact their families, have been deprived of due process, and have been illegally removed from our jurisdiction. The public has a fundamental right to know the legal justifications for the release of information that has jeopardized thousands of lives.”
From January of this year through Sept. 21, ICE had arrested at least 1,128 immigrants on the island. It is important to note that both the United States and Puerto Rico Constitutions protect all individuals -- not just those with citizenship -- guaranteeing fundamental rights such as due process. The Puerto Rico Constitution clearly mandates non-discrimination, stating that no person in Puerto Rico shall be denied equal protection under the law.
On June 10, the ACLU-PR formalized a request for access to public information from DTOP, demanding various documents, including internal guides and protocols for evaluating information requests from the federal government. They also requested copies of all information requests issued by DHS, ICE, or U.S. Customs and Border Protection (CBP) since Jan. 20 of this year, legal memorandums evaluating the admissibility of those requests, communications with other agencies regarding the requests, and copies of all information provided to comply with those requests.
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