The Biden administration’s refusal to disclose information about individuals on the terrorist watchlist encountered at the southern border has sparked outrage among Republicans. Fox News filed a Freedom of Information Act (FOIA) request in October 2023 seeking the nationalities of suspects on the FBI terror watchlist arrested at the southern border entering between ports of entry by Border Patrol. However, CBP denied the request, citing exemptions to protect the disclosure of files that may create a “clearly unwarranted invasion of personal privacy.” Republicans argue that the privacy concerns are outweighed by the public’s right to know where potential national security threats are coming from.
The FOIA request revealed that there have been 80 encounters with individuals on the Terrorist Screening Dataset (TSDS) between ports of entry this year, compared to 172 in fiscal year 2023 and 98 in fiscal 2022. Sen. Ted Cruz, R-Texas, expressed outrage on the “Verdict with Ted Cruz” podcast, questioning why the administration is hiding this information. Republicans on the House Homeland Security Committee also voiced their concern, stating that the “privacy” of potential national security threats should not be prioritized over the American people’s right to know where these individuals are coming from.
Rep. Darrell Issa, R-Calif., wrote to the Department of Homeland Security (DHS) and CBP emphasizing the critical need to retain data on the number and nationalities of individuals who have entered the United States and remain in the country. He urged the administration to share this information with Congress and American citizens as required by FOIA. Rep. Chip Roy, R-Texas, also requested a briefing on the matter but was only offered a briefing within a sensitive facility. He reiterated his request for a briefing, arguing that there is no reason to reject providing this critical information to the public.
The administration’s refusal to release this information has raised concerns about transparency and accountability. Critics argue that the public has a right to know where potential national security threats are coming from, especially given the increasing number of encounters with individuals on the TSDS at the southern border. The ongoing debate highlights the tension between privacy concerns and the public’s right to information in matters of national security.
