Inspector General Investigating Whether ICE's Surveillance Tech Breaks the Law
The Department of Homeland Security’s Inspector General is investigating potential privacy abuses associated with Immigrations and Customs Enforcement’s surveillance and biometric data programs, according to a letter sent to two senators.
Last week, we reported that Senators Mark Warner and Tim Kaine demanded that DHS inspector general Joseph Cuffari investigate immigration-related surveillance programs across DHS, Customs and Border Protection, and ICE. Thursday, Cuffari said his office had launched an audit called “DHS’ Security of Biometric Data and Personally Identifiable Information.”
“The objective of the audit is to determine how DHS and its components collect or obtain PII and biometric data related to immigration enforcement efforts and the extent to which that data is managed, shared, and secured in accordance with law, regulation, and Departmental policy,” Cuffari’s letter reads. He adds that one of the purposes of the investigation will be to “determine whether they have led to violations of federal law and other regulations that maintain privacy and defend against unlawful searches.”
Kaine and Warner’s initial letter specifically focused on many of the technologies and programs 404 Media has been reporting on, including DHS’s contracts with Palantir, facial recognition company Clearview AI, its side-door access to Flock’s license plate scanning technology, its social media monitoring through a company called Penlink, its phone hacking contract through a company called Paragon, its face-scanning mobile app, as well as its use of various government biometric databases in immigration enforcement.
“DHS’ reported disregard for adhering to the law and its proven ambivalence toward observing and upholding constitutionally-guaranteed freedoms of Americans and noncitizens, including freedom of speech and equal protection under the law, leaves us with little confidence that these new and powerful tools are being used responsibly,” the senators wrote. “Coupled with DHS’ propensity to detain people regardless of their circumstances, it is reasonable to question whether DHS can be trusted with powerful surveillance tools and if in doing so, DHS is subjecting Americans to surveillance under the pretext of immigration enforcement.”
Senators Push for Answers on ICE's Surveillance Shopping Spree
Senators Mark Warner and Tim Kaine formally asked the inspector general of the Department of Homeland Security (DHS) to investigate and provide details on many of the surveillance technologies being used by Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE), according to a copy of the letter shared with 404 Media.The letter touches on many of the surveillance technologies and companies that 404 Media has been writing about in recent months, including Flock license plate readers, Penlink social media and location data monitoring, Clearview AI’s facial recognition tech, Paragon Solutions’ phone hacking technology, as well as other social media scanning and biometric collection databases used by DHS in Donald Trump’s immigration crackdown.
“We are deeply concerned that ICE’s surge in brutality against American communities is being facilitated by the inappropriate and unsupervised use of surveillance technology,” the senators wrote. “As such, we formally request an investigation by your office into the methods that DHS uses to collect, retain, analyze, and use data about the communities where it operates in conjunction with the companies mentioned above, and any companies DHS is seeking to conduct business with–for similar purposes—in the future.”
The letter then demands that Joseph Cuffari, the Inspector General for DHS, provide information about how DHS obtains, processes, and stores people’s sensitive data, whether it keeps track of false positive and incorrect identities returned with its biometric surveillance tools, whether it keeps track of times its surveillance tools are used against U.S. citizens, how it shares information with private companies, and how it obtains information from other federal agencies. It also seeks information about DHS’s relationships with data brokers, whether it allows people to opt out of surveillance, and any privacy protections around some of the data it obtains.
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While the letter itself seems unlikely to change anything about how ICE is operating in the field, these types of information gathering exercises from lawmakers often result in new details about the inner workings of surveillance programs and tools and can eventually lead to reform.“In addition to egregious practices we have seen in public reporting, it’s important that your office shine light on activities that undergird ICE’s enforcement actions including a muddled patchwork of technology procurements that have significantly expanded DHS’ ability to collect, retain, and analyze information about Americans,” they wrote. “Together, ICE’s new information collection tools potentially enable DHS to circumvent the constitutional protections provided by the Fourth Amendment—protections guaranteed to all Americans and all persons within our borders.”
The Trump administration has sought to undercut inspectors general across the federal government; soon after he was inaugurated, Trump fired at least 17 inspectors general. Cuffari, who was appointed during Trump’s first term and served under Joe Biden as well, was one of the few inspectors general who was left in his post. In 2024, an independent panel found that Cuffari had violated ethics rules during this confirmation process and recommended that he be replaced, but Biden left him in his role.
ICE Taps into Nationwide AI-Enabled Camera Network, Data Shows
Flock's automatic license plate reader (ALPR) cameras are in more than 5,000 communities around the U.S. Local police are doing lookups in the nationwide system for ICE.Jason Koebler (404 Media)
