We’ve been expanding our business and immigration practices lately, and I noticed an issue with a recent Executive Order (not the one that’s been revised and stayed) while doing some immigration work:

Section 14 of the Executive Order titled Enhancing Public Safety reads:

Agencies shall, to the extent consistent with applicable law, ensure that their privacy policies exclude persons who are not United States citizens or lawful permanent residents from the protections of the Privacy Act regarding personally identifiable information.

This will, as I read it, require DHS to upend it’s “mixed-use” records policy.   It also throws a monkey wrench into the U.S.’s ability to work with the EU Privacy Shield.  Whether or not this goes through notice-and-comment rulemaking, it will, I think, be relatively challenging for DHS (and probably DOJ and DOS) to administer.