Court Orders DTOP to Hand Over to ACLU of Puerto Rico the Subpoena Related to the Transfer of Immigrant Data to ICE

San Juan, P.R. – The Department of Transportation and Public Works (DTOP) must hand over to the American Civil Liberties Union (ACLU) of Puerto Rico the alleged subpoena issued by a federal agency, along with other data related to the transfer of information on thousands of immigrants, the Court of First Instance (CFI) in San Juan ordered on Thursday.

“With this victory, the ACLU of Puerto Rico reaffirms its commitment to the protection and defense of the human and civil rights of all people living in our archipelago. Access to information is essential and fundamental to a healthy democracy, and the principle of maximum disclosure must permeate all government actions,” said Annette Martínez Orabona, Executive Director of the ACLU of Puerto Rico.

In early October, the organization filed a writ of mandamus before the CFI against DTOP Secretary Edwin González Montalvo and the Commonwealth of Puerto Rico, demanding that the government immediately hand over documents related to the transfer of confidential information on nearly 6,000 immigrants who obtained driver’s licenses under Act No. 97 of 2013.

“The public has a fundamental right to know under what circumstances and assumptions the information that put thousands of lives at risk was handed over, and how this data transfer occurred—violating the legislative intent of Act 97 of 2013, which requires confidentiality of that information,” emphasized Fermín Arraiza Navas, Legal Director of the ACLU of Puerto Rico, who argued the case on behalf of the organization.

DTOP, represented by the Department of Justice, sought to defend in court a “compelling interest” in protecting the alleged subpoena concerning immigrant data as confidential, arguing that the request was part of a supposed investigation that could benefit the state in terms of public safety.

The government also defended a public policy of cooperation with federal immigration enforcement agencies. However, it failed to demonstrate that the document was confidential or to cite legal precedents that would justify denying public access to the information. Nor could it provide concrete facts to support the alleged compelling interest.

“The decision in this case acknowledges that the public has an inalienable right to know, openly and honestly, how decisions that affect us all are made—decisions that can have serious consequences, such as the arrests of immigrants in violation of constitutional protections that we have already witnessed,” said Arraiza Navas.

The ACLU of Puerto Rico’s action followed DTOP’s refusal to provide copies of the information requests issued by the Department of Homeland Security (DHS) and agencies such as Immigration and Customs Enforcement (ICE), as well as legal analyses and data delivered in response to those requests.

The agency’s response relied on generalities and failed to legally justify its claim of confidentiality—constituting a breach of ministerial duty and a flagrant violation of the constitutional right of access to public information in Puerto Rico. During Thursday’s hearing in courtroom 904 of the San Juan court, the agency again failed to substantiate its confidentiality claim. Judge Anthony Cuevas Ramos ordered DTOP to deliver the information within five days.

The lawsuit is based on public reports that between February and March 2025, DTOP turned over the personal data of approximately 6,000 drivers—immigrants who obtained this type of license—to federal agencies. The U.S. government later confirmed that this data was used to identify, locate, arrest, and deport immigrants. Most of these arrests occur without a warrant and in violation of constitutional and human rights protections that apply to all people, including immigrants.

The Government of Puerto Rico’s actions directly contravened Act 97-2013, which requires the DTOP Secretary to establish mechanisms to ensure that this registry would not be used for immigration enforcement purposes or discrimination. From January to October of this year alone, ICE had arrested at least 1,236 immigrants in Puerto Rico.