States use data to ‘push back’ on federal immigration enforcement

States face a growing tension with the federal government over its immigration enforcement activities, which have been linked to several reports of unfair treatment, injury and death among U.S. citizens and immigrants. 

Such concerns were amplified in January after federal immigration enforcement officers shot and killed U.S. citizens Renee Good and Alex Pretti, both 37, in Minneapolis, Minnesota. Good was fatally shot on Jan. 7 by ICE agent Jonathan Ross while she was maneuvering her car near officers, which former Secretary of Homeland Security Kristi Noem called an attempt “to kill or cause bodily harm to agents, an act of domestic terrorism,” in a statement at the time. 

Pretti was fatally shot just over two weeks later by Border Patrol agent Jesus Ochoa and Customs and Border Protection officer Raymundo Gutierrez. Reports claim that Pretti was shot after he started filming and verbally arguing with federal officers who had pushed a woman to the ground. 

A lack of transparency surrounding federal officers’ actions and subsequent investigations has stoked fear in many communities across the U.S., and state and local leaders are turning to public data collection as a way to record federal agents’ actions. 

“State and local governments are tasked with keeping their public safe, and that's particularly challenging when they don't actually know what's happening in their communities,” said Caitlin McTiernan, program manager at the American Immigration Council.  

That’s why an increasing number of states and localities have in recent months launched online services for the public to report misconduct from federal agents in their communities.

The services could provide mechanisms for state and local leaders to gather evidence that informs lawsuits against individuals or the federal government, McTiernan said. Indeed, the data collection tools “give state and local governments a way to uplift evidence and to paint this accurate picture of the harms that are happening in their community,” she explained.

In February, New Jersey Gov. Mikie Sherrill, a Democrat, launched an online portal where people can submit information about negative or concerning interactions with federal personnel, such as uses of excessive force, warrantless searches or arrests, racial profiling, wrongful detentions, interference with voting and other violations. 

“New Jerseyans deserve to feel safe in their communities. Trump’s untrained and unaccountable ICE has instead created fear and, as we saw in Minneapolis, put Americans in danger,” Sherrill said in an emailed statement to Route Fifty when asked if the portal could be leveraged for legal action. “Since ICE does not share information about their operations, collecting data is instrumental, which is why we launched a reporting portal.” 

The online form prompts users to report details like which jurisdiction the incident occurred in, the type of location where the encounter happened — such as a school, workplace or store — and activities from the federal agent. For example, users can report if the incident included specific actions, like if a firearm was brandished or fired, a chokehold was performed or a chemical agent was used. The public can also flag broader impacts from a federal agent’s presence, including interfering with someone’s housing, health care or education. 

The public can include photo and video attachments. Users can also either submit their reports anonymously or choose to include their name and contact information, but they must agree that they “understand that under certain circumstances, the Office of the Attorney General is permitted to make data gathered in an investigation public without [their] consent, including by using it in court filings,” according to the portal site. 

“This will allow the Attorney General’s office to track [ICE’s] actions, collect information and use it to spot patterns to inform our response as a state, including in court,” Sherrill said. 

California launched a similar service in December to “inform possible legal actions the state may take to protect Californians’ rights,” state officials said in an announcement at the time. The next month, Colorado officials created a new section in its public complaint system where residents can report alleged misconduct by federal agents. 

Some states are taking a broader approach to reporting tools and “trying to be very careful not to over promise,” said Nicole Hallett, a clinical professor of law and director of the Immigrants' Rights Clinic at the University of Chicago. At the same time, many states are trying to avoid becoming “a target of the federal government and may be trying to talk in more neutral terms,” she explained. 

Maine created a central email for people to share “any descriptions of observed intimidating or excessive behavior used by federal agents” to help “evaluate what action [the Office of the Maine Attorney General] may take in response,” state officials said in a January statement. 

Also in January, Massachusetts launched a “story collection form” that “is for archival purposes only,” state officials said. However, last month Gov. Maura Healey and Attorney General Andrea Joy Campbell, both Democrats, announced the launch of a portal to report misconduct from federal agents. 

“Information submitted through the portal may help the state identify patterns of potential misconduct, inform possible legal action or policy recommendations and connect affected residents with legal advocacy organizations,” state officials said.

Broadly, state leaders’ efforts to offer such resources suggest that they are emphasizing accountability and transparency in government as trust in the federal government has reached historic lows. 

“First and foremost, these portals, I think, are a way for state and local governments to demonstrate that they're trying to do something to help their communities [to address] this aggressive enforcement,” McTiernan said. 

Indeed, “states are going to be looking to each other to see what works and and [public data collection portals] appear to be one thing that states are trying to do … to push back” on federal immigration enforcement, Hallet explained. 

If these reporting tools “prove to be an effective way to gather evidence, we will see more states doing it,” Hallett said. That will create “an inflection point … [because] when one state tries something [and] if it’s effective, others will follow.”