Immigration dataHouse subpoenas DHS for immigration data

Published 3 November 2011

On Wednesday, the House Judiciary Subcommittee on Immigration Policy and Enforcement voted to issue a subpoena for DHS documents regarding information on possible illegal aliens that the agency has declined to deport after local law enforcement reported they had been taken into custody

On Wednesday, the House Judiciary Subcommittee on Immigration Policy and Enforcement votedto issue a subpoena for DHS documents regarding information on possible illegal aliens that the agency has declined to deport after local law enforcement reported they had been taken into custody. 

The House vote is meant to target an estimated 250,000 people who are believed to be illegal aliens as determined by DHS’ controversial Secure Communities program but have not been picked up by federal immigration authorities. DHS said that it simply lacks the resources to pick up every illegal immigrant arrested by law enforcement officials.

The seven to four vote fell entirely along party lines with all four Democrats opposing the measure.

In defense of the subpoena, Representative Elton Gallegly (R-California), the chair of the subcommittee, said the move was necessary because DHS had “[stonewalled]” requests for information that it had received in August.

We do not take this action lightly,” Gallegly said. “It’s the only remaining means to determine the impact on our communities of DHS [failing] to take criminal aliens into custody.”

Democrats argued that obtaining a database filled with information on 250,000 people raises privacy concerns, but Gallegly said that measures would be taken to ensure privacy.

The committee will not be making this information public,” he said.

The FBI also reportedly has concerns about handing over some data to Congress.

Representative John Conyers (D-Michigan) said while the privacy measures were “very reassuring,” he still questioned whether the subpoena was entirely necessary as the administration had appeared willing to produce the data on its own.

I am not convinced that it is appropriate for the subcommittee … to be authorizing issuance of a subpoena today given the breadth of the information requested or the complexity of the privacy issues involved and the considerable effort that’s been made by the Department of Homeland Security and the Department of Justice to provide an adequate and timely response,” Conyers said.

According to Conyers, he had been told “the information will be on its way either today or tomorrow or the next few days.”

Matt Chandler, a spokesman for DHS, said the agency was working to fulfill the Congressional request.

DHS has stated to the committee it would provide the data requested without being compelled by subpoena to do so. DHS is in the process of gathering the data and will provide it when complete,” he said.