Washington’s DOL is sharing information with ICE. Are they using that data to deport people?

In 2018, the Washington state Legislature passed a law that, among other things, prevents state agencies from sharing residents’ personal information with federal officials when it comes to immigration enforcement. It's part of a range of laws and policies that makes Washington a sanctuary state.

A new investigation from KING 5 shows at least one state agency has quietly been sharing that kind of information with some Homeland Security agencies as deportations ramp up. KING 5 investigative reporter Kristin Goodwillie told KUOW’s Kim Malcolm about her reporting.

This interview has been edited for clarity.

Kim Malcolm: What exactly did you find that the Department of Licensing was sharing with Immigration and Customs Enforcement officials?

Kristin Goodwillie: I found that the Department of Licensing had agreements with its 24/7 web service. It includes access to driver's license and vehicle information, height, weight, your address. This search engine also allows partial license plates, so they can look up the registered owner. They can look up a certain address as well, and it will come up with every single person who has a driver's license within that household. They’re giving access to this database to the Department of Homeland Security, certain Border Patrol accounts, and ICE.

How often is this happening?

From January to May, there were more than 6,500 searches on just the ICE account.

And how does that compare to before January of this year?

There were still thousands of searches, but it went up significantly, about 188% from November of last year to May of this year. Further back, search rates went up from 2018 to 2020, and then declined significantly between 2021 and 2023.

So, the drop in searches would correspond to the Biden administration and the rise with the Trump administration coming into office.

Yes. I reached out to many experts and showed them this trend. They said there was really no other correlation. We tried to see whether that coincided with crime rates, etc., and the only correlation we could find was the different presidencies.

To be clear, it is legal for the Department of Licensing to share information with federal agencies when it comes to criminal investigations like human trafficking, but just being undocumented is not a crime in Washington state. Did you find hard evidence that ICE is using the state's data to help deport people?

No, I did not find any hard evidence. We found cases we're working through right now, but overall, it is a gray area. Oversight is an issue. ICE, the Department of Homeland Security, and Border Patrol all self audit. That has caused great concern as to, are these increases and searches due to criminal activity, or is it because of deportation?

I spoke with legislators who tell me that it is against the spirit of the Keep Washington Working law, and that to be in full compliance the Department of Licensing could request a court order, essentially, from the Department of Homeland Security and ICE. If they are doing a criminal investigation and need this type of information, they could get a court order and then have access to that data. Now, it's essentially 24/7 access to all of this information.

What did Department of Licensing officials tell you when you asked them about this data sharing?

They told me they are in compliance with state and federal law, and that they are trying to toe that line of helping the federal government and not impeding criminal investigations, while also complying with the law.

And what do you hear from immigration advocates on this issue?

Immigration advocates are extremely concerned. I've spoken with many, many, many different experts in the field, and nobody knew that this type of sharing was happening. I think that is where the anger came in the first place, that calling Washington state a sanctuary state, there should be a level of transparency of where our data is being shared. The fact that nobody knew the Department of Licensing had essentially renewed all of these accounts after terminating many of them, that was a breach of trust.

I know you're continuing to work on this story. What are you going to be tracking closely next?

I'm hoping to talk with Governor Ferguson. As an attorney general, he was very involved in this, specifically with the Department of Licensing. I know that legislators are also looking into this. Experts are trying to meet with the Department of Licensing to see what is being shared, and if there's a way to figure out if it has been used for deportation purposes. I'm also talking with lawyers who potentially feel like that information might be shared in their cases.

Listen to the interview by clicking the play button above.