La Fortaleza: Gov’t shared data on illegal migrants with ICE
- The San Juan Daily Star
- 1 day ago
- 3 min read
By The Star Staff
The Puerto Rico government provided information on drivers with undefined immigration status to Immigration and Customs Enforcement (ICE), a federal agency within the Department of Homeland Security, in response to a federal request and in line with legal obligations, La Fortaleza Secretary of Public Affairs Hiram Torres Montalvo confirmed Thursday.
During a press conference, Torres Montalvo said that when a federal request, such as a subpoena, is issued, it is directed to the relevant agency’s secretary -- specifically in this case, the Department of Transportation and Public Works (DTOP by its acronym in Spanish). He emphasized the importance of treating such requests with the seriousness they warrant.
The Puerto Rican Independence Party (PIP) had urged the government not to share such information with federal authorities. However, according to a federal official, the information was indeed provided.
Torres Montalvo clarified that there is no existing collaboration agreement between DTOP and federal authorities regarding the sharing of information on undocumented immigrants. Nevertheless, the agency is legally obligated to respond to requests from competent federal courts. He emphasized that compliance with the law is essential, stating that failing to respond to such requests could constitute a crime.
Torres Montalvo noted further that communication regarding such sensitive matters is directly channeled through the governor’s office, ensuring that the information remains confidential and is not handled by him or anyone at La Fortaleza.
He refrained from discussing the involvement of other government agencies or their responses to similar requests, noting that many of the requests come with a stipulation that prevents disclosure of whether the request or the information sought was received.
Torres Montalvo’s confirmation of the data sharing was met with criticism by both the PIP and the Puerto Rico Bar Association.
The PIP delegations in the island Legislature introduced a resolution on Thursday to investigate how DTOP disclosed information on 6,000 foreign residents with provisional driver’s licenses to ICE.
The measure was announced by the PIP spokespersons in the Senate, María de Lourdes Santiago Negrón and Adrián González Costa, who noted that the disclosure of the information violates Law 97-2013, which protects the confidentiality of data on people with irregular immigration status in Puerto Rico.
“The government of Puerto Rico has very limited powers when it comes to disclosing information in its custody,” González Costa said. “These powers are further restricted when there is a law, such as Law 97-2013, that expressly protects people’s information. Clearly, the government acted unlawfully by disclosing information when it was prohibited by law.”
Santiago Negrón asserted that the disclosure of the information is part of a policy of collaboration with federal agencies to persecute vulnerable communities.
“What the Trump and González Colón regimes are pursuing is not to completely eradicate the population with irregular immigration status, but rather to generate a wave of continuous persecution that forces communities like [those from] the Dominican Republic to work in completely clandestine and abusive conditions for fear of arrest,” she stated.
The resolution requests that the Senate expand the investigation to document any other collaboration between the Puerto Rican government and federal agencies that impacts the rights of migrant residents on the island.
Puerto Rico Bar Association President Vivian Godineaux Villaronga, meanwhile, described the release of information on drivers with undefined immigration status to the federal government as an “affront” and a “violation of the universal right to privacy.”
Godineaux noted that Law 97 of 2013, passed during the administration of then-Gov. Alejandro García Padilla, allows people without official immigration status to obtain driver’s licenses on the island.
“This law is in force and establishes in its Statement of Motives that the contributions to the country of foreigners without official immigration status and respect for human dignity make them entitled to fundamental protections from the state,” Godineaux said in a written statement.
She reiterated that the organization has firmly opposed local government collaboration with federal executive orders that threaten the immigrant community.
“State agencies are under no obligation to collaborate with federal agencies regarding these orders promoted by the Donald Trump administration,” Godineaux said. “Evidence of this is the numerous legal proceedings active in U.S. courts by states, as well as by entities and institutions challenging these orders.”