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HR 10040

No TSA Data for ICE Act

119th Congress Introduced by Yassamin Ansari and 28 co-sponsors

Prohibits DHS from using specified information to support CBP/ICE functions and bars denying Trusted Traveler enrollment based on protected First Amendment activity.

Introduced in House
1
WeVote Research Nonpartisan
Bill Summary · HR 10040

Overview

  • Bill: HR 10040 (No TSA Data for ICE Act)
  • Session: 119th Congress, 2nd Session
  • Introduction: August 3, 2026 by Rep. Tlaib and co-sponsors from both parties.
  • Purpose: Amend the Homeland Security Act of 2002 to restrict the Secretary of Homeland Security from accessing or using certain information to support functions of U.S. Customs and Border Protection (CBP) or U.S. Immigration and Customs Enforcement (ICE) and to limit actions related to Trusted Traveler programs.

Main purpose and intent

  • Prohibit DHS from accessing or utilizing a defined set of information (referred to as “specified information”) to carry out CBP or ICE functions.
  • Prohibit DHS from denying, suspending, or terminating an individual’s enrollment in certain Trusted Traveler programs based on activities protected by the First Amendment.
  • Create a new statutory section (Section 714) within Title VII of the Homeland Security Act to implement these prohibitions.

Key provisions and changes

1) Information sharing restrictions

  • The Secretary of Homeland Security may not access or utilize specified information to perform any function of CBP or ICE.
  • Specified information could be accessed indirectly (e.g., via a mobile application like Mobile Fortify) but would still be barred if used to support CBP/ICE functions.

2) Trusted Traveler Programs protections

  • The Secretary may not deny, suspend, or terminate enrollment in any Trusted Traveler program based on activities protected by the First Amendment.
  • Programs covered (paragraphs 2(2)) include:
    • PreCheck Program (49 U.S.C. § 44919)
    • Global Entry, SENTRI, FAST (from the Intelligence Reform and Terrorism Prevention Act of 2004)
    • NEXUS program (Enhanced Border Security and Visa Entry Reform Act of 2002)
    • Asia-Pacific Economic Cooperation (APEC) Business Travel Card program
  • In effect, this provision shields potential and current enrollees from punitive action tied to lawful, protected speech or assembly activities.

3) Definition of “specified information”

  • Specified information includes:
    • Information from the Transportation Security Administration (TSA)
    • Data meeting criteria such as containing personally identifiable information of a flight passenger and data from a private sector entity that brokers such data
  • This definition narrows the type of data DHS cannot access for CBP/ICE functions.

4) Procedural/organizational note

  • Adds a new Sec. 714 to Title VII of the Homeland Security Act.
  • Remainder of the Act and existing authorities remain unchanged, but DHS information-access actions related to CBP/ICE would be limited per the new prohibitions.

Who/what would be affected

  • U.S. Department of Homeland Security (DHS), specifically DHS information-collection and sharing practices related to CBP and ICE.
  • U.S. Civil liberties and individuals seeking or currently enrolled in Trusted Traveler programs (e.g., Global Entry, NEXUS, SENTRI, FAST, PreCheck, and the APEC card).
  • Private sector data handlers and information brokers involved in data that DHS might otherwise access to support border and immigration enforcement.

Significant procedural or timeline aspects

  • Status: Introduced in the House on August 3, 2026.
  • Referral: Referred to the Committee on Homeland Security and to the Judiciary and Ways and Means committees (for consideration of provisions within their jurisdiction).
  • No renomination of final text or Senate action provided in the document. The bill’s progression would depend on committee actions and floor consideration.

Potential impacts and considerations

  • Privacy and civil liberties: Strengthens protections against DHS access to certain flight-related and data broker information for enforcement purposes.
  • Trust Traveler programs: Provides First Amendment activity protections against loss of rights within Trusted Traveler programs, potentially reducing disqualifications based on lawful expressive activity.
  • Enforcement and implementation: Requires DHS to modify information-sharing practices and resist using certain data for CBP/ICE functions, potentially affecting interoperability and risk-assessment workflows.
  • Stakeholder effects: Airlines, data brokers, and travelers participating in Trusted Traveler programs may experience changes in data-sharing dynamics and program eligibility determinations.

Compiled from official sources — confirm details with the bill’s official record.

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