The Intercept: State Cops Quietly Tag Thousands as Gang Members — and Feed Their Names to ICE

Gang databases are often racially biased and riddled with errors. States and cities send their flawed information to immigration authorities.

Police gang databases are known to be faulty. The secret registries allow state and local cops to feed civilians’ personal information into massive, barely regulated lists based on speculative criteria — like their personal contacts, clothing, and tattoos — even if they haven’t committed a crime. The databases aren’t subject to judicial review, and they don’t require police to notify the people they peg as gang members.

They’re an ideal tool for officials seeking to imply criminality without due process. And many are directly accessible to Immigration and Customs Enforcement.

An investigation by The Intercept found that at least eight states and large municipalities funnel their gang database entries to ICE — which can then use the information to target people for arrest, deportation, or rendition to so-called “third countries.” Some of the country’s largest and most immigrant-dense states, like Texas, New York, Illinois, and Virginia, route the information to ICE through varied paths that include a decades-old police clearinghouse and a network of post-9/11 intelligence-sharing hubs.

Both federal immigration authorities and local police intelligence units operate largely in secret, and the full extent of the gang database-sharing between them is unknown. What is known, however, is that the lists are riddled with mistakes: Available researchreporting, and audits have revealed that many contain widespread errors and encourage racial profiling.

The flawed systems could help ICE expand its dragnet as it seeks to carry out President Donald Trump’s promised “mass deportation” campaign. The administration has cited common tattoos and other spurious evidence to create its own lists of supposed gang members, invoking the 1798 Alien Enemies Act to send hundreds to El Salvador’s notorious Terrorism Confinement Center prison, also known as CECOT. Gang databases The Intercept identified as getting shared with ICE contain hundreds of thousands of other entries, including some targeted at Central American communities that have landed in the administration’s crosshairs. That information can torpedo asylum and other immigration applications and render those seeking legal status deportable.

“They’re going after the asylum system on every front they can,” said Andrew Case, supervising counsel for criminal justice issues at the nonprofit LatinoJustice. “Using gang affiliation as a potential weapon in that fight is very scary.”

Information supplied by local gang databases has already driven at least one case that became a national flashpoint: To justify sending Kilmar Abrego Garcia to CECOT in March, federal officials used a disputed report that a disgraced Maryland cop submitted to a defunct registry to label him as a member of a transnational gang. The report cited the word of an unnamed informant, Abrego’s hoodie, and a Chicago Bulls cap — items “indicative of the Hispanic gang culture,” it said.

The case echoed patterns from Trump’s first term, when ICE leaned on similar information from local cops — evidence as flimsy as doodles in a student’s notebook — to label immigrants as gang members eligible for deportation. As Trump’s second administration shifts its immigration crackdown into overdrive, ICE is signaling with cases like Abrego’s that it’s eager to continue fueling it with local police intelligence.

Nayna Gupta, policy director at the American Immigration Council, argued that this kind of information-sharing boosts ICE’s ability to target people without due process.

“This opens the door to an incredible amount of abuse,” she said. “This is our worst fear.”

In February, ICE arrested Francisco Garcia Casique, a barber from Venezuela living in Texas. The agency alleged that he was a member of Tren de Aragua, the Venezuelan gang at the center of the latest anti-immigrant panic, and sent him to CECOT.

Law enforcement intelligence on Garcia Casique was full of errors: A gang database entry contained the wrong mugshot and appears to have confused him with a man whom Dallas police interviewed about a Mexican gang, USA Today reported. Garcia Casique’s family insists he was never in a gang.

It’s unclear exactly what role the faulty gang database entry played in Garcia Casique’s rendition, which federal officials insist wasn’t a mistake. But ICE agents had direct access to it — plus tens of thousands of other entries from the same database — The Intercept has found.

Under a Texas statute Trump ally Gov. Greg Abbott signed into law in 2017, any county with a population over 100,000 or municipality over 50,000 must maintain or contribute to a local or regional gang database. More than 40 Texas counties and dozens more cities and towns meet that bar. State authorities compile the disparate gang intelligence in a central registry known as TxGANG, which contained more than 71,000 alleged gang members as of 2022.

Texas then uploads the entries to the “Gang File” in an FBI-run clearinghouse known as the National Crime Information Center, state authorities confirmed to The Intercept. Created in the 1960s, the NCIC is one of the most commonly used law enforcement datasets in the country, with local, state, and federal police querying its dozens of files millions of times a day. (The FBI did not answer The Intercept’s questions.)

ICE can access the NCIC, including the Gang File, in several ways — most directly through its Investigative Case Management system, Department of Homeland Security documents show. The Obama administration hired Palantir, the data-mining company co-founded by billionaire former Trump adviser Peter Thiel, to build the proprietary portal, which makes countless records and databases immediately available to ICE agents. Palantir is currently expanding the tool, having signed a $96 million contract during the Biden administration to upgrade it.

TxGANG isn’t the only gang database ICE can access through its Palantir-built system. The Intercept trawled the open web for law enforcement directives, police training materials, and state and local statutes that mention adding gang database entries to the NCIC. Those The Intercept identified likely represent a small subset of the jurisdictions that upload to the ICE-accessible clearinghouse.

New York Focus first reported the NCIC pipeline-to-immigration agents when it uncovered a 20-year-old gang database operated by the New York State Police. Any law enforcement entity in the Empire State can submit names to the statewide gang database, which state troopers then consider for submission to the NCIC. The New York state gang database contains more than 5,100 entries and has never been audited.

The Wisconsin Department of Justice, which did not respond to requests for comment, has instructed its intelligence bureau on how to add names to the NCIC Gang File as recently as 2023, The Intercept found. Virginia has enshrined its gang database-sharing in commonwealth law, which explicitly requires NCIC uploading. In April, Virginia authorities helped ICE arrest 132 people who law enforcement officials claimed were part of transnational gangs.

The Illinois State Police, too, have shared their gang database to the FBI-run dataset. They also share it directly with the Department of Homeland Security, ICE’s umbrella agency, through an in-house information-sharing system, a local PBS affiliate uncovered last month.

The Illinois State Police’s gang database contained over 90,000 entries as of 2018. The data-sharing with Homeland Security flew under the radar for 17 years and likely violates Illinois’s 2017 sanctuary state law.

“Even in the jurisdictions that are not inclined to work with federal immigration authorities, the information they’re collecting could end up in these federal databases,” said Gupta.

Aside from the National Crime Information Center, there are other conduits for local police to enable the Trump administration’s gang crusade.

Some departments have proactively shared their gang information directly with ICE. As with the case of the Illinois State Police’s gang database, federal agents had access to the Chicago Police Department’s gang registry through a special data-sharing system. From 2009 to 2018, immigration authorities searched the database at least 32,000 times, a city audit later found. In one instance, the city admitted it mistakenly added a man to the database after ICE used it to arrest him.

The Chicago gang database was full of other errors, like entries whose listed dates of birth made them over 100 years old. The inaccuracies and immigration-related revelations, among other issues, prompted the city to shut down the database in 2023.

Other departments allow partner agencies to share their gang databases with immigration authorities. In 2016, The Intercept reported that the Los Angeles Police Department used the statewide CalGang database — itself shown to contain widespread errors — to help ICE deport undocumented people. The following year, California enacted laws that prohibited using CalGang for immigration enforcement. Yet the California Department of Justice told The Intercept that it still allows the Los Angeles County Sheriff’s Office to share the database, which contained nearly 14,000 entries as of last year, with the Department of Homeland Security.

“Each user must document their need to know/right to know prior to logging into CalGang,” and that documentation is “subject to regular audit,” a California Department of Justice spokesperson said.

Local police also share gang information with the feds through a series of regional hubs known as fusion centers. Created during the post-9/11 domestic surveillance boom, fusion centers were meant to facilitate intelligence-sharing — particularly about purported terrorism — between federal, state, and local law enforcement agencies. Their scope quickly expanded, and they’ve played a key role in the growth of both immigration- and gang-related policing and surveillance.

The Boston Police Department told The Intercept that agencies within the Department of Homeland Security seek access to its gang database by filing a “request for information” through the fusion center known as the Boston Regional Intelligence Center. In 2016, ICE detained a teenager after receiving records from the Boston gang database, which used a report about a tussle at his high school to label him as a gang member. Boston later passed a law barring law enforcement officials from sharing personal information with immigration enforcement agents, but it contains loopholes for criminal investigations.

In the two decades since their creation, fusion center staff have proactively sought to increase the upward flow of local gang intelligence — including by leveraging federal funds, as in the case between the Washington, D.C., Metropolitan Police Department and the Maryland Coordination and Analysis Center, which works directly with the Department of Homeland Security. An email from 2013, uncovered as part of a trove of hacked documents, shows that an employee at the Maryland fusion center threatened to withhold some federal funding if the D.C. police didn’t regularly share its gang database.

“I wanted to prepare you that [sic] your agency’s decision … to NOT connect … may indeed effect [sic] next years [sic] funding for your contractual analysts,” a fusion center official wrote. “So keep that in mind…………..”

Four years later, ICE detained a high schooler after receiving a D.C. police gang database entry. The entry said that he “self-admitted” to being in a gang, an Intercept investigation later reported — a charge his lawyer denied.

For jurisdictions that don’t automatically comply, the Trump administration is pushing to entice them into cooperating with ICE. The budget bill Trump signed into law on the Fourth of July earmarks some $14 billion for state and local ICE collaboration, as well as billions more for local police. Official police partnerships with ICE had already skyrocketed this year; more are sure to follow.

Revelations about gang database-sharing show how decades of expanding police surveillance and speculative gang policing have teed up the Trump administration’s crackdowns, said Gupta of the American Immigration Council.

“The core problem is one that extends far beyond the Trump administration,” she said. “You let the due process bar drop that far for so long, it makes it very easy for Trump.”

Talking Points Memo: More Than 50 Men Entered The US Legally Only To Later Be Sent To CECOT, Report Finds

More than two months after the Trump administration flew more than 200 people to a detention camp in El Salvador, there’s still a lot that remains unclear.

We still don’t know who, exactly, the government sent there. We don’t know how many people were aboard each plane that went from Texas to El Salvador on March 15; we don’t know who was removed under the wartime Alien Enemies Act, and who was removed under more standard immigration authorities. The question of whether non-citizens that the U.S. government is paying El Salvador to hold are entitled to habeas corpus protections is also, somewhat ominously, unanswered.

It’s shocking given the lawlessness of the operation: the Trump administration sought to shield these removals from judicial scrutiny from the start, and, per the finding of one federal judge, sought to delay a court hearing until the airplanes could depart for El Salvador.

report published this week by the Cato Institute adds another egregious fact to this story: many of those sent to El Salvador entered the United States legally.

The researchers behind the study attempted to learn as much as they could about a list of 238 men rendered to CECOT, the El Salvador prison, on March 15, obtained and reported by CBS News. They found that at least 50 of the more than 200 men sent to El Salvador complied with U.S. immigration law as they entered the country.

Their resulting removal and indefinite confinement in El Salvador has been a betrayal, David Bier, director of immigration studies at the Cato Institute and the author of the study, told TPM.

So much for due process and the Bill of Rights in Trump’s Amerika!

https://talkingpointsmemo.com/news/more-than-50-men-entered-the-us-legally-only-to-later-be-sent-to-cecot-report-finds

Raw Story: Judge hits Trump admin with sharply worded threat over ‘intentional refusal to comply’

The Trump Department of Justice faces a new legal deadline after a federal judge warned that its failure to comply with a court order could be treated as an “intentional refusal” to follow the law.

In a sharply worded one-page order, U.S. District Judge Paula Xinis said the Justice Department missed a key deadline to produce a privilege log tied to its claims of the state secrets privilege in the case of Kilmar Abrego Garcia, the Salvadoran national wrongfully deported to the country in March.

“Evidently missing from the defendants’ filing is the privilege log that this court ordered to be produced,” Xinis wrote in the document posted by Politico’s Kyle Cheney. The judge gave the government a Tuesday afternoon deadline to file the log and delivered a warning.

“Failure to file the privilege log or otherwise respond will be construed as an intentional refusal to comply with this court’s orders,” according to the order. The dispute bubbled up last week after the Trump administration invoked the state secrets privilege to shield details surrounding Abrego Garcia’s case, according to a report in Politico.

The judge set the next in-person hearing for Friday.

https://www.rawstory.com/kilmar-abrego-garcia-2671999899

CNN: Trump admin proposed sending up to 500 alleged Venezuelan gang members during negotiations to use El Salvador’s mega-prison

The United States proposed sending up to 500 Venezuelan migrants with alleged ties to the Tren de Aragua gang to El Salvador as the two governments sought to reach an agreement on the use of the Central American nation’s notorious mega-prison, according to emails seen by CNN.

“These people are being thrown out of the country because of tattoos,” Judge Alvin Hellerstein said in court last Tuesday. “There is nothing in this statute or proclamation that authorizes the United States of America to hire a jail in a foreign country for people could be subjected to cruel and unusual punishment not allowable in the United States jails.”

https://www.msn.com/en-us/news/politics/trump-admin-proposed-sending-up-to-500-alleged-venezuelan-gang-members-during-negotiations-to-use-el-salvador-s-mega-prison/ar-AA1DNdhA

Washington Post: How [Bimbo #2] Kristi Noem’s $50,000 Rolex in a Salvadoran prison became a political flashpoint

When Homeland Security Secretary Kristi L. Noem visited El Salvador’s most notorious mega-prison on Wednesday, she sported an eye-catching piece on her wrist that experts have identified as an 18-karat gold Rolex Cosmograph Daytona watch that sells for about $50,000.

The high-end Swiss watch lent a striking contrast to Noem’s tour of the Terrorism Confinement Center, or CECOT, where imprisoned men watched silently from a crowded cell as she recorded a video for a social media post warning undocumented immigrants not to enter the United States.

“You’re in front of all these people in a very poor country, who are in the bottom 10 or 20 percent of their country … and it looks like you’re just flaunting your wealth while you flaunt your freedom,” said Adam Isacson, an analyst at the Washington Office on Latin America, a human rights group.

“This is an administration that is trying to be populist, anti-elite, appeal to the common man,” he added. Meanwhile, there’s “people stacked up like cordwood behind her.”

“To be wearing that in El Salvador while visiting a” maximum-security prison, he said, “is kind of like a big F you.”

Noem visited the prison as part of her trip to three Latin American nations to discuss crime, deportation and immigration. The Trump administration has sent scores of Venezuelan migrants to CECOT without judicial hearings, despite a court order to return them to the U.S.

During Noem’s tour, she walked past a containment unit, the prison armory and two crowded cell blocks, where men in a cell packed almost to the ceiling were told to remove their face masks and shirts and stand in the shot, according to a press pool report.

Men in the prison, which can house up to 40,000 inmates, sleep on metal bunks with no mattresses and are not allowed visits from lawyers or family members.

During her visit, Noem turned her back to the bars to record a selfie video. When Noem left, the cell block erupted in indecipherable chants, according to the pool report.

How Kristi Noem’s $50,000 Rolex in a Salvadoran prison became a political flashpoint

261 alleged gang members “sentenced” to year in El Salvador prison without trial

Who needs due process when you can just ship people you don’t like to a prison in El Salvador?

Salvadoran officials said the detainees included 238 Venezuelans who are members of the Tren de Aragua gang, as well as 23 members of MS-13. They were immediately transferred to a Terrorism Confinement Center, where they are scheduled to stay for at least one year, under an agreement between the U.S. and El Salvador worth $6 million, according to the Associated Press.

https://www.newsnationnow.com/us-news/immigration/us-deports-gang-members-prison-el-salvador