NEW YORK – The Supreme Court of Puerto Rico ruled against the Government by declaring there was no merit the request of the Department of Transportation and Public Works (DTOP) to review decisions of lower courts that established that The agency was required to provide information on the delivery of migrant driver’s license data to federal authorities..
In a statement this Monday, the American Civil Liberties Union (ACLU) of Puerto Ricothe entity that filed the lawsuit, stated that The decision reaffirms the right to access public information.
Annette Martínez Orabona, executive director of the ACLU of Puerto Ricostated that the determination obliges the DTOP to provide documentation on the transfer of confidential information of some 6,000 migrants to ICE (Immigration and Customs Enforcement Service) and DHS (Department of Homeland Security) to facilitate immigration interventions ordered by the Trump Administration.
“This resolution of the Supreme Court confirms, once again, that The secretary of the DTOP has the obligation to make public the alleged subpoena (requirement issued by an agency or administrative authority) and any document tied to the voluntary delivery of the personal data of thousands of immigrants in Puerto Rico, to whom the Government itself had promised confidentiality under Law 97 of 2013,” indicated the lawyer in reference to the statute that authorized the issuance of licenses to people without staunch immigration status.
Part of the organization’s argument is that local authorities endangered the safety of thousands of migrants that they trusted that the DTOP would keep confidential the data they provided to obtain the driver’s license.
The ACLU alleged that both the request for information by ICE and the voluntary surrender of the DTOP respond to “a persecution operation against immigrants who trusted the State when applying for a driver’s license.”
On October 1, the ACLU filed an appeal in response to the refusal of the secretary of the DTOP, Edwin González Montalvo, to comply with a request for access to information submitted by the organization. The ACLU is seeking details about how the agency handled and responded to federal authorities’ request. The Court of First Instance had ordered the agency to provide the subpoena on the transfer of data. Under the argument that it was confidential information, the DTOP failed to comply and decided to go to the Court of Appeals, which ratified the previous judicial decision.
The ACLU noted, citing the Appeal opinion, that “The right of access to information is recognized as a human right and constitutional of traditional rank.”
The court order also stated that the DTOP and the Department of Justice tried to hide behind generalities on “ongoing investigations” and “public safety” to not disclose the document.
The Department, not satisfied with the ruling, raised its claim before the Supreme Court.
Although the resolution of Associate Judge Pabón Charneco and Associate Judges Estrella Martínez and Candelario López was issued on April 17, it was not reported until last Friday.
Following the decision of the highest forum, A 10-day period was activated in which the Government of Puerto Rico can request a reconsideration.
“Our call to the DTOP secretary is to comply with the delivery orderin recognition of the unequivocal conclusion that the information it tries to keep hidden is public, and that the country has the right to know how and why decisions are made, in this case related to immigrant communities in Puerto Rico,” stated Fermín Arraiza Navas, staunch director of the ACLU on the island.
Keep reading:
- What does the ACLU in Puerto Rico demand for the delivery of driver’s license data of undocumented immigrants to ICE and DHS consist of?
- Director of the ACLU in Puerto Rico classifies the delivery of migrants’ driver’s license data as “completely illegal”
- Head of HSI (DHS) in Puerto Rico rejects the arrest of migrants on the island with unpleasant racial profiling