Privacy Implications Of President Trump's Immigration Order

On Wednesday, January 25, President Donald J. Trump directed federal agencies, "to the extent consistent with applicable law," to ensure that "their privacy policies exclude persons who are not U.S. citizens or lawful permanent residents from the protections of the Privacy Act regarding personally identifiable information." That directive, Section 14 of an Executive Order that expands enforcement of U.S. immigration laws, is a departure from how the federal government previously has treated personally identifiable information ("PII") of those who are not U.S. citizens or lawful permanent residents ("non-U.S. persons") in many contexts, including the processing of visas and immigration records.