Section 1 Short title
This Act may be cited as the “Transparency Requirements for Aircraft Carriers to Know Immigration Conduct and Enforcement Act” or the “TRACK ICE Act”.
Transparency Requirements for Aircraft Carriers to Know Immigration Conduct and Enforcement Act
A BILL
To amend title 49, United States Code, to limit eligibility of certain aviation privacy programs for immigration aircraft operations, and for other purposes.
Sec. 2 Limitation on FAA privacy programs for immigration aircraft operators
Section 44114 of title 49, United States Code, is amended—
by redesignating subsection (d) as subsection (e); and
by inserting after subsection (c) the following:
“(d) Applicability to certain aircraft operations—A private aircraft owner or operator shall not be eligible for withholding of information under subsections (a) and (b) for any aircraft operation that is—
“(1) operated by, under contract or subcontract with, or on behalf of U.S. Immigration and Customs Enforcement or Customs and Border Protection;
“(2) used for the purpose of detention, deportation, or the transport of individuals in the custody of the Secretary of Homeland Security in connection with the enforcement of the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)); and
“(3) receives Federal funding or any other financial assistance for operation described in paragraphs (1) and (2).”
Sec. 3 Transparency of flight data
In general— Not later than 72 hours after each aircraft operation carried out by the Department of Homeland Security, including U.S. Immigration and Customs Enforcement or Customs and Border Protection, or the Coast Guard for the purpose of detention, deportation, or the transport of individuals in the custody of the Secretary of Homeland Security in connection with the enforcement of the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)), the Secretary of Homeland Security shall publish flight data for such aircraft operation in a manner that is accessible to the public.
Flight data defined— In this section, the term “flight data” includes—
the date and time of departure at origin airport;
the date and time of arrival at arrival airport;
the departure airport’s International Civil Aviation Organization (ICAO) code and the ICE Air mission designation;
the arrival airport’s ICAO code and the ICE Air mission designation;
the aircraft registration number;
the ICAO aircraft identification code;
the number of individuals detained by U.S. Immigration and Customs Enforcement or other immigration enforcement agency who boarded and deplaned at each departure and arrival location; and
demographic data for each detainee transported on each individual departure and arrival flight leg (identified by ICAO airport codes), including—
nationality;
sex;
age category (grouped as 0–10; 11–17; 18–50; 51+);
family composition category (specifying, at a minimum, single adult, unaccompanied child, or family unit); and
the type and quantity of any restraints used for the duration of the flights on each detained individual, such as handcuffs, shackles on arms and legs, or full-body restraint device.