The bill increases privacy and free-speech protections for travelers by restricting DHS use of TSA-held and commercial passenger data, trading off some investigative data access and adding administrative complexity that could slow processing and raise costs.
Travelers (including airline passengers) will be protected from DHS using TSA-held or private-sector brokered passenger PII for CBP/ICE functions, reducing cross-agency data-sharing and misuse of passenger information.
Travelers' privacy risks from commercial data brokers are reduced because DHS is limited in its use of third‑party commercial passenger data (e.g., Mobile Fortify), lowering chances of private-sector surveillance and data-driven profiling.
Applicants and enrollees in Trusted Traveler programs cannot be denied enrollment or removed solely for participating in First Amendment–protected activities, protecting free-speech and association rights of program participants.
CBP and ICE operations could lose access to TSA-held and brokered passenger data they currently rely on, potentially reducing the effectiveness of certain investigations and border‑security enforcement actions.
Limiting data sharing across DHS components will create new procedural and legal boundaries, increasing administrative complexity, staffing needs, and compliance costs for DHS and program administrators.
Trusted Traveler programs may have fewer behavioral- or data-driven screening tools available, which could slow screening or reduce processing efficiency at airports and border crossings for enrollees and other travelers.
Based on analysis of 2 sections of legislative text.
Prohibits DHS from using TSA-collected or private-sector–brokered passenger PII for CBP/ICE functions and protects Trusted Traveler enrollment from First Amendment-based penalties.
Prohibits the Department of Homeland Security from accessing or using TSA data and flight-passenger personal information brokered from private-sector apps for the immigration-enforcement functions of CBP or ICE. Also bars denying, suspending, or early-terminating enrollment in Trusted Traveler programs (TSA PreCheck, Global Entry, SENTRI, FAST, NEXUS, APEC Business Travel Card) based on an individual’s participation in activity protected by the First Amendment.
Official title: To amend the Homeland Security Act of 2002 to prohibit the Secretary of Homeland Security from accessing or utilizing certain information to carry out certain functions of U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement and from carrying out certain actions regarding Trusted Traveler programs, and for other purposes.
Introduced August 3, 2026 by Rashida Tlaib · Last progress August 3, 2026