Immigration Police Can Already Sidestep US Sanctuary City Laws Using Data-Sharing Fusion Centers

On the campaign trail and in recent days, Donald Trump has detailed extensive plans for immigration crackdowns and mass deportations during his second term as United States president. These initiatives would, he has said, include aggressive operations in areas known as “sanctuary cities” that have laws specifically curtailing local law enforcement collaboration with US Immigration and Customs Enforcement (ICE).

With these promises looming, a new report from researchers at the Surveillance Technology Oversight Project (STOP), a pro-privacy nonprofit, details the ways that federal/local data-sharing centers known as “fusion centers” already result in cooperation between federal immigration authorities and sanctuary-city law enforcement.

Run by the US Department of Homeland Security, of which ICE is a part, fusion centers emerged in the wake of the September 11, 2001, attacks as a counterterrorism initiative for integrating intelligence between federal, state, and local law enforcement. Fusion centers spent $400 million in 2021, according to public records. And, as STOP researchers point out, in more than two decades the centers have never proven their worth for their stated purpose of addressing terrorism in the US. Unnamed DHS officials told a Senate panel in 2012, for example, that fusion centers produce “predominantly useless information” and “a bunch of crap.”

In addition to aggressive investigative tactics like pulling data from schools and abortion clinics, ICE agents have leaned on fusion centers for years to get everything from photos of suspects to license plate location data and more—often in a pipeline that includes input from law enforcement working in sanctuary cities.

“This is an area where it’s highly profitable for localities to cooperate with ICE, and because it’s not highly visible it oftentimes faces less pushback,” says STOP executive director Albert Fox Cahn. “This sort of information sharing capacity on this scale across all these agencies. tapping into everything from local utility records and DMV records to school records has the potential to be deployed in any number of chilling scenarios.”

ICE did not immediately return a request from WIRED for comment.

Fox Cahn adds that the concept of sanctuary cities wasn’t always viewed by regional cops as an inconvenience to work around. “Until recently a lot of law enforcement agencies were very vocal in supporting sanctuary city protections, because they feared that ICE collaboration would actually hurt public safety if immigrants were not willing to come forward when they were victims of a crime or witness to a crime,” he says. “But police have become much more politically engaged on immigration in recent years.”

Fusion centers give ICE officers a forum through which to request data from local law enforcement databases in sanctuary cities and take advantage of regional surveillance tools, including publicly deployed face recognition systems, that can’t be directly used to aid deportation efforts under sanctuary laws. STOP argues that when cops from sanctuary cities share data with ICE through fusion centers, it believes they may be violating local laws, but the activity is less obviously a violation than if the sharing happened through a direct channel.

In addition to undermining the entire purpose and premise of sanctuary city laws, STOP researchers point out, such erosion of guardrails around data sharing broadly could easily become a national security issue if a foreign actor were to infiltrate a fusion center. And domestically, the free-wheeling environment within fusion centers means that law enforcement could easily turn the spotlight onto additional types of investigations without warning.

“What we’ve seen over and over again is that the policing infrastructure we’ve built up in the name of combatting one evil then gets re-purposed for another,” Fox Cahn says. “People who maybe don’t care as much about immigration need to recognize that if this infrastructure can be re-targeted at undocumented communities the way it has been today, it can be repurposed for any number of policing priorities in the future.”

Fusion centers will almost certainly play a role in the Trump administration’s immigration agenda, but the STOP research is a reminder that these information-sharing hubs may well be at the center of other far-flung law enforcement initiatives as well.