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border protection lawyer s corner hiibel v nevada ibrahim v dhs foti v mchugh gray v tsa action know your rights what you can do contact press room contact us sep 14 2026 court bars aamva from giving away driver s license data for now last thursday september 10th judge anthony trenga of the u s district court for the eastern district of virginia heard arguments on whether his temporary restraining order tro barring the bulk transfer of commercial driver s license records from the american association of motor vehicle administrators aamva to the u s deopartment of transportation dot should be converted into a preliminary injunction if granted by the court a preliminary injunction would remain in effect until a final ruling in the lawsuit brought by state governments challenging the data demand by the feds judge trenga took the motion for a preliminary injunction under advisement without issuing a decision in response to the motion for a preliminary injunction dot cooked up an array of patently pretextual and impermissibly ex post facto new excuses for why it needs a dump of all the records of commercial driver s licenses in aamva s spexs database dot also made a new threat to have its office of inspector general demand the data in bulk without a warrant or probable cause for investigation of unspecified possible crimes it seems unlikely that either the briefs or the oral argument last thursday have given judge trenga any reason to depart from the reasoning in his initial decision granting a tro in that ruling judge trenga found multiple independent ways in which the demand for this data is illegal he also found that the claimed basis for the demand is a pretext to obtain data that would actually be used illegally for immigration enforcement the fmcsa has also conceded it has not demanded the mprs master pointer records solely to use those records itself but also to share them with dhs for immigration enforcement purpose s but the relied upon exception under the dpp a that authorizes disclosure of protected data to effectuate fmcsa s own statutory mandate does not authorize fmcsa to simply pass that data onto another agency w hen repeatedly pressed at the hearing on this point the federal defendants were unable to explain how the data would in fact assist them in performing their statutory functions or point to anything that they cannot already do without this data federal defendants have failed to dispel the compelling inference that they seek these 17 million files in large part if not primarily for immigration enforcement which is not part of fmcsa s statutory mandate b ecause the data demand is unlawful the public interest inherently favors issuing an injunction the issuance of an injunction is also in the public interest given the harm the termination of federal funding to aamva would cause since cdlis would effectively cease its operations and impair plaintiff states ability to issue and renew cdls and compromise the safe operation of commercial motor vehicles furthermore as the aamva contends the cdlis is interconnected with all forms of driver licensing and therefore any shutdown could disrupt or even stop the issuance and renewal of any driver license in the united states meanwhile the american federation of teachers aft has moved to intervene in the case on behalf of aft members including school bus drivers whose commercial driver s license data is included in the federal data demand aft says that states like aamva have their own interests including retaining federal funding and can t be relied on to represent the interests of individuals whose data is at risk aft s motion to join the case against both dot and aamva is set for a hearing this wednesday september 16th while judge trenga has ordered aamva for now not to hand over records of all commercial driver s licenses to dot the outcome of the lawsuit remain uncertain no one state such as california can control aamva s decisions the head of each state s driver licensing agency has one vote on aamva s board of directors so states that want to hand over aamva s records for immigration enforcement can outvote those that don t the ongoing litigation should teach a lesson to california and other states that once they hand over data to aamva they can t control to whom or for what purposes it is passed on voluntarily or involuntarily by aamva to federal agencies or other third parties the same lesson applies to non commercial as to commercial driver s licenses both of which are stored by aamva in the same database in comments to wendy fry and khari johnson of cal matters a spokesperson for california governor gavin newsom falsely claimed that aamva s databases of commercial and non commercial driver s license records are separate systems in fact cdlis records for commercial driver s licenses and s2s records for non commercial licenses are both stored by aamva in the same spexs database californians should have second thoughts about the upload of non commercial driver s license records to spexs planned for 2027 and authorized by a law rushed through the state legislature by governor newsom while federal demands for spexs data were already pending edward hasbrouck posted in cars buses trains real id surveillance state 2 comments sep 01 2026 9th circuit upholds injunction against cash transaction reporting order in march 2025 we reported on an order from the financial crimes enforcement network fincen of the us department of the treasury commanding all money transfer agencies and currency exchanges in seven counties in california and texas along the us mexico border to file reports with fincen including the identities of all customers engaging in all cash transactions over 200 separate lawsuits challenging this order were brought by the institute for justice on behalf of storefront financial services business in california and texas fincen revised and reissued the order several times raising the reporting threshold from 200 to 1000 and changing the areas to which the order applied but despite these moves by fincen us district courts in both california and texas issued preliminary injunctions against enforcement of the order a year later a panel of the 9th circuit court of appeals has upheld the injunction in the california case by a 2 1 vote read more edward hasbrouck posted in surveillance state 3 comments aug 31 2026 airline reservations are still being used to target dissidents much of the public interest in the case of samuel tunick has focused on the charge carrying up to a five tear prision sentence that mr tunick destroyed property to prevent its seizure by the government by giving customs and border patrol cbp agents at the atlanta airport a duress password for a smartphone mr tunich was carrying when he returned from an international trip the phone seized from mr tunick at the airport was running graphene os an open source variant of the android operating system when one of the cbp agents entered the password mr tunick under duress provided it wiped the phone s user memory and reset the phone to a state as though the os had just been installed the option to set a duress password that wipes the phone in addition to one or more user passwords for separate user spaces is a feature of graphene os intended to reduce the risk of coerced disclosure of data mr tunick was arrested at the airport last december but briefing on pre trial motions is ongoing and no trial date is in sight this is an important test case on the issues raised by the duress password the way it functions in graphene os and compelled disclosure of passwords generally but there s another concerning issue raised by the facts in this case how airline reservations were used to target mr tunick in advance for special treatment on arrival including seizure of his phone and pressure to disclose a password for the phone mr tunick wasn t singled out for secondary screening at random or because of anything he said or did or was carrying that appeared suspicious to cbp agents at the airport according to a report of a motion hearing in july the transcript of which has not yet been released cbp agents were sent an automatically generated email message before his flight got to atlanta alerting them in advance that a person in whom they had previously indicated an interest had reservations on a specific airline flight number date and time read more edward hasbrouck posted in freedom to travel surveillance state leave a comment aug 30 2026 sfo evades criticism of its role in immigration enforcement excerpt from illegal contract awarded by sfo to sita in violation of the s f sanctuary city ordinance describes facial recognition hardware software and services paid for by the city and county of san francisco deployed by sita on city and county property at sfo and used to collect and transit mug shots of passengers and permission to board messages between airlines the airport and cbp dhs for purposes including immigration enforcement at the san francisco airport commission meeting on august 15th a dozen members of the public video mission local sf public press called on the airport commission to comply with san francisco s sanctuary city ordinance which prohibits use of s f city and county resources including airport property and funds for immigration enforcement another 35 people sent written comments to the airport commission on the same subject many of the commenters who included including supporters of indivisible sf bay resistance and the identity project among others explicitly endorsed the comments of the identity project and our specific requests for action by the airport commission the airport commissioners neither discussed nor responded to any of our criticism but the director of sfo mike nakornket opened the meeting by trying to preemptively deflect our criticism with a mix of false untested inadequate and unresponsive claims about the city s actions and legal authority as the owner landlord and operator of the airport false airport director nakornket claimed that sfo is not involved in the sharing of passenger information for immigration enforcement purposes which we understand occurs on a federal level between dhs agencies but the airport director should know that this isn t true read more edward hasbrouck posted in biometrics freedom to travel surveillance state 3 comments aug 14 2026 dhs demands aamva s national commercial driver database the us department of homeland security dhs has subpoenaed the american association of motor vehicle administrators aamva for a copy of all entries in the cdlis national database of state issued commercial driver s licenses held by aamva the administrative subpoena was issued august 11th and ordered aamva to hand over a copy of all records that were found in the cdlis database any time in the last five years by 8 am monday august 17th dot says that aamva operates the cdlis database on behalf of the federal government it is contractually and legally obligated to furnish the requested records at fmcsa s direction in response a group of states led by illinois has filed separate lawsuits in virginia where aamva is incorporated against the dhs to quash the subpoena and against aamva and the us department of transportation dot to enjoin aamva from complying with the dot s parallel demand for the same data us district judge anthony trenga immediately issued temporary stays which prohibit aamva from complying with the subpoena and prohibit any actions by dot to punish aamva for noncompliance with the dhs subpoena or dot demand for cdlis data initial hearings before judge trenga in both cases are scheduled for thursday august 20th we hate to have to say we told you so but in this case we told you so the cdlis database is the little brother for commercial driver s licenses for truckers to the big brother spexs database for all driver s licenses and state issued id cards like spexs cdlis is a national database of pointer records including name date of birth state license or id number and social security number aggregated from information uploaded by state motor vehicle agencies but held by aamva or aamva s contractors cdlis commercial license and s2s non commercial license pointer records are all stored in the same spexs database as part of aamva s central site excerpts from aamva s spexs system specification we ve warned repeatedly that once data is uploaded to aamva s spexs database federal agencies could demand it from aamva in bulk state authorities most recently in california have brushed off our warnings but as conceded in declarations from the california department of motor vehicles in one of the new cases the california dmv has already been uploading cdlis information about commercial driver s licenses to spexs and plans to start uploading s2s data about all california license to spexs in 2027 the dhs is now seeking to obtain driver s license data from every state in bulk through an administrative subpoena to aamva for use for immigration enforcement in exactly the manner and for the purpose we predicted and warned about aamva s role is noteworthy and contemptible although unsurprising aamva was sent a demand for the entirety of the cdlis database on june 25th but didn t tell the states that had uploaded the data in question about the federal demand until almost a month later on july 23rd state can t count on prompt notice from aamva even now aamva isn t challenging the demand for cdlis data aamva is a defendant along with the federal agencies in the lawsuits brought by states to protect their residents data against bulk disclosure to federal agencies for immigration enforcement according to the complaints the dhs and dot have threatened to cut off all federal funding for aamva including funding for cdlis itself and presumably also spexs if aamva doesn t hand over the requested data aamva depends on federal funding so it can t afford to challenge federal demands making it in effect a captive proxy for the feds despite being a nominally non governmental private nonprofit corporation presumably the feds will learn from aamva s failure to challenge their demands for the data it holds next time they ll come back with a subpoena that includes a gag order prohibiting aamva from disclosing the subpoena to states that uploaded the data so states will have no chance to file lawsuits like the ones filed this week the obvious next step after that would be a similar demand for spexs data about ordinary non commercial licenses probably as soon as california completes its planned bulk upload to spexs sometime early in 2027 officials in california and other states can no longer claim this isn t possible state legislators need to act now to withdraw their states from spexs before the dhs expands its data demands from the commercial licenses in cdlis to all licenses in spexs edward hasbrouck posted in cars buses trains real id surveillance state 7 comments jul 31 2026 can sfo rei...