American Oversight's lawsuit has revealed a previously hidden pact between the Transportation Security Administration and Immigration and Customs Enforcement that cements their data exchange during the Trump administration's push to apply immigration enforcement to domestic air travel. Sections of the deal appear inconsistent with sworn statements made by agency leaders before Congress on the handling and retention of traveler data.

On Tuesday, American Oversight disclosed a previously unknown agreement that shows TSA and ICE established a data-sharing partnership during the Trump administration's disputed effort to broaden immigration enforcement into domestic flights. Elements of the pact conflict with testimony given under oath by agency heads about how sensitive passenger details are exchanged and kept.

The Memorandum of Agreement, executed in May 2025, emerged after American Oversight sued TSA and ICE under FOIA for withholding documents on the arrangement. The suit targeted materials on the program's legal foundation, the passenger data involved, and its role in extending immigration enforcement to domestic air travel.

The MOA sets out a structured process for TSA and ICE to coordinate the exchange, storage, and oversight of information in their joint effort. It points to the Secure Flight Final Rule as the authority for TSA's involvement and notes that TSA will provide certain data to ICE, which will keep the material in its own system, though the appendices listing exact data fields are largely redacted.

The document raises doubts about acting TSA Administrator Ha Nguyen McNeill's sworn testimony earlier this year on how the agencies handle traveler information. In a House hearing, McNeill stated that TSA does not forward data to ICE but instead assists ICE in checking against TSA records. The MOA appears to contradict this by creating a formal data-sharing process and rules for ICE to hold information from TSA.

"This agreement reveals the structured partnership between TSA and ICE that officials would not detail publicly. Travelers share personal details to fly safely, not to feed an immigration enforcement system or broader surveillance effort," said Executive Director Chioma Chukwu. "The issue extends beyond TSA to an administration that repurposes required personal data for new goals of identifying and targeting individuals for immigration action. This sets a troubling example with effects reaching past immigration alone, raising serious issues around privacy, civil liberties, and public confidence."

In December 2025, reports showed TSA sharing passenger data with ICE to flag travelers for possible immigration action. While officials described the effort as standard DHS coordination, they never revealed it had been formalized in an MOA. The newly released document shows how deeply the agencies embedded their collaboration.

The MOA's release comes amid rising attention to airport immigration arrests in cities such as Boston, Las Vegas, and Denver, with reports indicating TSA data on over 31,000 travelers contributed to more than 800 immigration arrests.

The administration has offered little clarity to Congress on the program. At his Senate confirmation hearing this month, TSA Administrator nominee David Cummins avoided detailing the shared information after Sen. Gary Peters noted the lack of response to prior requests despite McNeill's testimony. Cummins stated only that he would provide as much information as possible within limits, highlighting ongoing reluctance to fully disclose the program's scope.

The records add to evidence that the Trump administration has expanded the use of sensitive agency data beyond its original purpose. American Oversight previously obtained documents on an IRS agreement to share taxpayer information with ICE. The TSA pact indicates that data collected for safe air travel has also been drawn into broader immigration enforcement.

The MOA may also affect how the administration linked TSA funding to immigration priorities during recent budget talks. Officials pushed for joint TSA and ICE funding, and these records suggest the agencies were already being drawn into operational ties that blur aviation security with immigration enforcement goals.

American Oversight filed suit after DHS failed to release records under FOIA requests for agreements, policies, and communications on TSA's work with ICE. Through the case, the group will continue seeking documents on how the agreement is carried out, including data-sharing methods, any safeguards, and effects on travelers.