Were you born in the US?
Who buy birth certificate info for people born in the US
If you were born in the U.S., your birth certificate is probably filed at a state department of health and vital statistics. Commercial data brokersOpens in new tab buy and resell birth certificate information that they can access. Some states consider birth certificates to be public records; others don’t. States may have their own idiosyncratic systems for recording births. If you were born in California, for instance, you were issued a Certificate of Live Birth. According to court testimony, this is a public record that ICE has access to (but doesn’t always check).
It may be surprising to learn that being born in the U.S. does not protect against being detained by ICE — nor is being a citizen or permanent resident. A database can mistakenly show that you were born outside the US (as happened to plaintiff Gerardo Gonzalez of Gonzalez v. ICE), and DHS databases commonly don't include your birth or naturalization records. You might be flagged by DHS and other law enforcement's data criminalization processes as possibly deportable.
Some data systems that ICE consults include CIS (Central Index System)Opens in new tab, CLAIMS 3 & 4Opens in new tab, and Person Centric Query Service (PCQS)Opens in new tab.
To see what databases would track you if your answer had been no, click the no button.
If you entered the US on a visa
If you were not born in the U.S. and you entered on a visa or are a naturalized citizen, you have records in various DHS databases like: TECS/ICMOpens in new tab, CISOpens in new tab, ADISOpens in new tab, SEVISOpens in new tab, CLAIMS 3 & 4Opens in new tab, and PCQSOpens in new tab.
If you are arrested and booked for any non-immigration offense, automated database cross-checking between databases like NCICOpens in new tab, NletsOpens in new tab, ACRIMeOpens in new tab, NGIOpens in new tab and IDENT/HARTOpens in new tab can flag your records for ICE. ICE can ask the jail to hold you, or to notify them about your release.
To see what databases would track you if your answer had been yes, click the yes button.
- Commercial data brokers Opens in new tab Who buy birth certificate info for people born in the US
- Central Index System (CIS) Opens in new tab If you entered the US on a visa