Court Orders DTOP to Disclose Subpoena on Immigrant Data

On January 9, 2026, the Puerto Rico Court of Appeals ruled that the federal subpoena held by the Department of Transportation and Public Works (DTOP), which led to the voluntary turnover of personal information of thousands of immigrants with undefined status in Puerto Rico, is a public record. This decision reaffirms the fundamental right of access to information and the public's right to know how the transaction between the state agency and Immigration and Customs Enforcement (ICE) occurred.

Background

The case was brought forth by the American Civil Liberties Union (ACLU) of Puerto Rico, seeking transparency regarding the exchange of information between DTOP and ICE. The subpoena in question compelled DTOP to provide personal data of numerous immigrants, raising concerns about privacy and the potential misuse of such information.

Court's Decision

The appellate court's ruling emphasizes the importance of governmental transparency and accountability. By classifying the subpoena as a public record, the court ensures that citizens have the right to access and scrutinize the actions of public agencies, particularly when they involve sensitive personal information.

Implications

This decision sets a precedent for future cases involving the disclosure of information between state agencies and federal entities. It underscores the necessity for public agencies to operate with transparency, especially when their actions have significant implications for individual privacy rights.

The ACLU of Puerto Rico hailed the ruling as a victory for civil liberties, highlighting the court's recognition of the public's right to know and the importance of oversight in governmental operations.