Judge dismisses ICE data breach lawsuit for lack of standing

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Update:

• A judge dismissed a class action lawsuit against U.S. Immigration and Customs Enforcement (ICE) for lack of subject matter jurisdiction and lack of standing from plaintiffs.
• The lawsuit claimed ICE was responsible for damages in a Nov. 28, 2022, incident in which the personal information of 6,252 noncitizens was posted to the ICE website in error for approximately five hours.
• U.S. District Judge Royce C. Lamberth determined the court lacked jurisdiction to seek injunctive or declaratory relief because the alleged infraction was not an ongoing or future violation of the rights of defendants.
• Lamberth also wrote that the defendants’ claims for money damages are barred by sovereign immunity and Congress has not consented to this variety of lawsuit.

ICE data breach class action lawsuit overview: 

• Who: A group of 21 asylum seekers from several countries filed a class action lawsuit against the acting director of the U.S. Immigrations and Customs Enforcement, the secretary of Homeland Security and U.S. Attorney General Merrick Garland. 
• Why: Asylum seekers argue ICE put them in danger after it published their private data on its public-facing website, something the agency says was unintentional. 
• Where: The class action lawsuit was filed in District of Columbia federal court. 

(Jan. 24, 2023)

The U.S. Immigrations and Customs Enforcement (ICE) unlawfully published the private data of asylum seekers, who are either in or were formerly in its custody, on its public-facing website, a new class action lawsuit alleges. 

A group of asylum seekers claim ICE put them in danger in “both today and the future” by publishing their personal information on its website, in what the agency has said was unintentional. 

The information included asylum seekers’ names, birthdates, countries of origin, A-numbers and locations. 

“These individuals fled to the U.S. because they believed the U.S. government would protect them from harm in their countries of origin,” the asylum seekers class action states. “Their faith has been shattered, and their safety is still at risk. They will have to look over their shoulders for the rest of their lives.” 

‘Unlawful disclosures’ deter noncitizens from seeking protection, asylum seekers class action states

ICE’s alleged “unlawful disclosures of asylum seekers’ confidential information” deters noncitizens from seeking protection within the U.S. in the future, the asylum seekers class action alleges. 

“That deterrence undermines the United States’ capacity to provide protection for asylum seekers, despite being a signer of the Universal Declaration of Human Rights,” the lawsuit states. 

Further, the asylum seekers argue that the ICE data breach “could have been permitted under any circumstances at all” is concerning given the “crucial role” the U.S. Department of Homeland Security plays in national security. 

The asylum seekers claim ICE violates the Privacy Act of 1974 and the Equal Protection Principles Embedded in the Fifth Amendment, among other things. 

The asylum seekers want to represent a class of 6,252 noncitizens who had their personal data published on ICE.gov on Nov. 28, 2022. 

The plaintiffs demand a jury trial and request declaratory and injunctive relief along with an award of monetary, compensatory and punitive damages for themselves and all class members. 

In related news, a group of four asylum seekers filed a separate class action lawsuit against the U.S. Citizenship and Immigration Services last year, arguing the agency unlawfully denied them work authorizations beyond the time allowed while their applications remained pending. 

Have you had your information published online without your consent? Let us know in the comments! 

The plaintiffs are represented by Curtis Lee Morrison of Morrison Urena LC.

The ICE data breach class action lawsuit is Asylum Seekers Trying to Assure Their Safety, et al. v. Johnson, et al., Case No. 1:23-cv-00163, in the U.S. District Court for the District of Columbia. 

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