DOJ Granted DOGE Access to Immigration Data Raising Privacy Concerns
NEWS & RESEARCH
In April 2025, several advisors from the Department of Government Efficiency (DOGE)—an unofficial advisory body led by Elon Musk—were granted access to the Executive Office for Immigration Review’s Courts and Appeals System (ECAS). ECAS, part of the Department of Justice, holds millions of restricted records from immigration cases, including asylum claims, as well as private biographical information.
SOURCES: Newsweek | Independent
ANALYSIS & OPINION
Critics charged the access to sensitive data of millions of immigrants violated the Privacy Act of 1974, with the DOGE allowing junior tech workers to query raw, identifiable files. It also raised concerns about data mismanagement. DOGE and ICE also sought information on Medicare data on immigrants, although undocumented workers do not receive it. DOGE also accessed the Social Security Administration’s database, grossly mishandling and misusing sensitive data related to millions of American citizens.
SOURCES: Washington Post | NPR
HOW TO FIX IT
Federal action:
Call Elon Musk and his former DOGE “advisors” to testify under oath about their handling and use of sensitive data
The DOJ Office of the Inspector General can audit whether the department followed the Federal Information Security Modernization Act (FISMA)
Congress should exercise its oversight authority to ensure how federal data is lawfully handled and used.
Amend the Privacy Act of 1974 to close loopholes that ICE and CBP utilize to acquire, purchase, or share personal data
Amend Section Internal Revenue Code 6103 to make express that an immigration offense does not constitute a valid “criminal investigation” exception permitting IRS to share data with ICE
Litigation:
Support federal courts that have enjoined an agreement between Treasury and Homeland Security Departments to allow ICE to access the IRS database to harvest undocumented immigrants’ home addresses.
