404 Media

2026-02-27 16:10:27

Lawmakers Demand DHS Define ‘Domestic Terrorist’ As It Uses Vast Array of Surveillance Tools

A group of more than a dozen Democratic lawmakers have demanded the Department of Homeland Security (DHS) provide its definition of “domestic terrorist,” after the agency labelled U.S. citizens Renée Good and Alex Pretti, which DHS officers killed, as such. The move also comes as DHS and its various components purchase and deploy a wide range of surveillance technologies and demand sensitive information from tech companies to unmask people criticizing ICE.

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Lawmakers Demand DHS Define ‘Domestic Terrorist’ As It Uses Vast Array of Surveillance Tools

Rep. Bennie G. Thompson and a host of other Democrats made the demand in a letter to DHS Secretary Kristi Noem. “Your actions are abhorrent, blatantly unconstitutional, and corrosive to the functioning of a peaceful society.”

^{Joseph Cox (404 Media)}

404 Media

2026-01-29 19:00:30

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)}

404 Media

2026-01-15 14:00:41

New Legislation Would Rein In ICE’s Facial Recognition App

A group of six Democratic lawmakers is proposing legislation that would dramatically rein in Immigration and Customs Enforcement’s (ICE) facial recognition app, according to a copy of the draft bill shared with 404 Media. ICE and Customs and Border Protection (CBP) have been scanning peoples’ faces with the app, called Mobile Fortify, across the country, using it to verify their citizenship and claiming that a result in the app should be trusted over a birth certificate.

The move signals the first potential legislative move against the app after 404 Media first revealed Mobile Fortify’s existence in June based on leaked ICE emails. Since then, 404 Media has covered its continued use against U.S. citizens, the 200 million images it uses, and the Department of Homeland Security’s (DHS) plan to roll out a version of the app to local law enforcement.

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“When ICE claims that an image it snaps and runs through an unproven app can be enough evidence to detain people for possible deportation, no one is safe,” Rep. Bennie G. Thompson (D-MS), ranking member of the Committee on Homeland Security, and who authored the legislation, said. “ICE’s use of Mobile Fortify to determine a person’s legal status is an outrageous affront to the civil rights and civil liberties of U.S. citizens and immigrants alike. DHS should not be conducting surveillance by experimenting with Americans’ faces and fingerprints in the field—especially with unproven and biased technology. It is time to put an end to its widespread use. We can secure the Homeland and respect the rights and privacy of Americans at the same time.”

The bill is being cosponsored by by Rep. Lou Correa (D-CA), Ranking Member of the Subcommittee on Border Security & Enforcement; Rep. Shri Thanedar (D-MI), Ranking Member of the Subcommittee on Oversight, Investigations & Accountability; Rep. Yvette D. Clarke (D-NY), Chair of the Congressional Black Caucus; Rep. Grace Meng (D-NY), Chair of the Congressional Asian Pacific American Caucus; and Rep. Adriano Espaillat (D-NY), Chair of the Congressional Hispanic Caucus. It follows some of the lawmakers demanding answers from DHS about the app in September.

The proposed law, called the Realigning Mobile Phone Biometrics for American Privacy Protection Act, aims to curtail both Mobile Fortify and Mobile Identify, the local law enforcement version, in a few ways. First, it would ban use of the apps except for identification at ports of entry. As 404 Media showed, Mobile Fortify uses CBP systems that are usually reserved for identifying and taking photos of people as they enter the U.S. Mobile Fortify turned that capability inwards to American streets.

The law would also require all photos and fingerprints of U.S. citizens captured before the practices introduced by the bill be deleted, and require that all photographs or fingerprints of U.S. citizens be destroyed within 12 hours of being taken. The law would also prohibit DHS from sharing the apps with non-DHS law enforcement agencies, effectively killing the local law enforcement version. (404 Media reported the app became unavailable on the Google Play Store in early-December.)

When an immigration officer scans someone’s face with Mobile Fortify, the app runs their face against a bank of 200 million images held by DHS, according to the app’s user manual previously obtained by 404 Media. If the app finds what it believes is a matching face, it returns a name, their nationality, age and date of birth, unique identifiers such as their “alien registration,” and a field titled “Immig. Judge Decision,” the manual says. This appears to refer to whether an immigration judge has ruled on this person’s case, and may include a result that says “remove.”

404 Media previously obtained an internal DHS document through the Freedom of Information Act (FOIA) which showed ICE does not let people decline to be scanned by the app. 404 Media has found likely cases of the app being used in Chicago. In a partnership with Reveal, 404 Media reported the app has been used on U.S. citizens.

One video posted to social media this week showed an officer using the app to take a photo of an identification document in what the video said was Minnesota. 404 Media compared the app shown in the video to the user interface in the leaked Mobile Fortify user manual and they matched.

“The Trump Administration has weaponized federal agencies against the American people. This latest effort to use facial recognition to further target immigrant families is reckless and dangerous,” said Rep. Espaillat in a statement. “I’m proud to stand with Ranking Member Thompson to introduce legislation to combat ICE and DHS, prohibiting the use of facial recognition as yet another ruthless tactic to further this administration’s mass deportation agenda.”

“The abuse of this type of technology by DHS agents is not only invasive, it is likely unconstitutional and certainly un-American,” Rep. Meng added. “Immigration enforcement should not be conducted by an app and DHS should not conduct dragnet operations that terrorize communities and violate people's constitutional rights. I am proud to have worked with Ranking Member Thompson and my colleagues to introduce this commonsense legislation.”

A DHS spokesperson told 404 Media in a statement, “Claims that Mobile Fortify violates the Fourth Amendment or compromises privacy are false. The application does not access open-source material, scrape social media, or rely on publicly available data. Its use is governed by established legal authorities and formal privacy oversight, which set strict limits on data access, use, and retention.”

“Mobile Fortify is a lawful law-enforcement tool developed under the Trump Administration to support accurate identity and immigration-status verification during enforcement operations. It operates with a deliberately high matching threshold and queries only limited CBP immigration datasets. Mobile Fortify has not been blocked, restricted, or curtailed by the courts or by legal guidance. It is lawfully used nationwide in accordance with all applicable legal authorities,” the statement continued.

Update: this piece has been updated to include a statement from DHS.

Inside ICE’s Supercharged Facial Recognition App of 200 Million Images

404 Media has seen user manuals for Mobile Fortify, ICE’s new facial recognition app which allows officers to instantly look up DHS, State Department, and state law enforcement databases by just pointing a phone at someone’s face.

^{Joseph Cox (404 Media)}

404 Media

2025-11-18 18:43:23

Airlines Will Shut Down Program That Sold Your Flights Records to Government

Airlines Reporting Corporation (ARC), a data broker owned by the U.S.’s major airlines, will shut down a program in which it sold access to hundreds of millions of flight records to the government and let agencies track peoples’ movements without a warrant, according to a letter from ARC shared with 404 Media.

ARC says it informed lawmakers and customers about the decision earlier this month. The move comes after intense pressure from lawmakers and 404 Media’s months-long reporting about ARC’s data selling practices. The news also comes after 404 Media reported on Tuesday that the IRS had searched the massive database of Americans flight data without a warrant.

“As part of ARC’s programmatic review of its commercial portfolio, we have previously determined that TIP is no longer aligned with ARC’s core goals of serving the travel industry,” the letter, written by ARC President and CEO Lauri Reishus, reads. TIP is the Travel Intelligence Program. As part of that, ARC sold access to a massive database of peoples’ flights, showing who travelled where, and when, and what credit card they used.
The ARC letter.
“All TIP customers, including the government agencies referenced in your letter, were notified on November 12, 2025, that TIP is sunsetting this year,” Reishus continued. Reishus was responding to a letter sent to airline executives earlier on Tuesday by Senator Ron Wyden, Congressman Andy Biggs, Chair of the Congressional Hispanic Caucus Adriano Espaillat, and Senator Cynthia Lummis. That letter revealed the IRS’s warrantless use of ARC’s data and urged the airlines to stop the ARC program. ARC says it notified Espaillat's office on November 14.

ARC is co-owned by United, American, Delta, Southwest, JetBlue, Alaska, Lufthansa, Air France, and Air Canada. The data broker acts as a bridge between airlines and travel agencies. Whenever someone books a flight through one of more than 12,800 travel agencies, such as Expedia, Kayak, or Priceline, ARC receives information about that booking. It then packages much of that data and sells it to the government, which can search it by name, credit card, and more. 404 Media has reported that ARC’s customers include the FBI, multiple components of the Department of Homeland Security, ATF, the SEC, TSA, and the State Department.

Espaillat told 404 Media in a statement “this is what we do. This is how we’re fighting back. Other industry groups in the private sector should follow suit. They should not be in cahoots with ICE, especially in ways may be illegal.”

Wyden said in a statement “it shouldn't have taken pressure from Congress for the airlines to finally shut down the sale of their customers’ travel data to government agencies by ARC, but better late than never. I hope other industries will see that selling off their customers' data to the government and anyone with a checkbook is bad for business and follow suit.”

“Because ARC only has data on tickets booked through travel agencies, government agencies seeking information about Americans who book tickets directly with an airline must issue a subpoena or obtain a court order to obtain those records. But ARC’s data sales still enable government agencies to search through a database containing 50% of all tickets booked without seeking approval from a judge,” the letter from the lawmakers reads.

Update: this piece has been updated to include statements from CHC Chair Espaillat and Senator Wyden.

Airline-Owned Data Broker Selling Your Flight Info to DHS Finally Registers as a Data Broker

It’s a legal requirement for data brokers to register in the state of California. ARC, the airlines-owned data broker that has been selling your flight information to the government for years, only just registered after being contacted by the office …

^{Joseph Cox (404 Media)}