Immigration and Customs Enforcement (ICE) is acquiring new surveillance technologies intended for identifying and monitoring individuals. These tools include mobile applications designed for field identification, iris scanning capabilities, software providing access to location-based data, and spyware. Additionally, the agency is enhancing its social media surveillance efforts through new AI-driven software contracts and considering the deployment of 24/7 contractor teams to analyze online platforms and databases for user information.
Technology Acquisitions
TheThe new technologies encompass:
- Mobile Facial Recognition Apps: Applications enabling federal agents to use cell phones for potential identification of individuals and determination of their immigration status in the field. One such app, Mobile Fortify, searches against Customs and Border Protection (CBP) databases, including entry/exit photos, to provide biographical data and "Possible Overstay Status." The app stores photos for 15 years, regardless of a match, and individuals cannot decline being photographed. Another app, Mobile Identify, has been made available by CBP on Google's app store for deputized state and local law enforcement.
- Iris Scanners: Devices capable of scanning irises for identification purposes.
- Location Data Software: Newly licensed software described as providing "access to vast amounts of location-based data."
- Spyware: ICE reactivated a contract with Paragon Solutions, a company known for developing spyware. One of its tools, Graphite, was reportedly used in Europe to target journalists and civil society members. Graphite can remotely monitor a phone, including encrypted messages, without user interaction.
The Trump administration has indicated that the adoption of these technologies supports its objective of increasing deportations.
Congressional and Civil Liberties Concerns
Concerns regarding the legal implications and privacy aspects of these technologies have been raised by some Democratic members of Congress and civil liberties advocates. Senator Edward Markey (D-Mass.) and other senators have urged ICE to cease using a mobile facial recognition app and have sought answers regarding its development, legal basis, database inclusion of U.S. citizens, and use on minors or protesters.
Privacy and civil liberties organizations, including the Center on Privacy and Technology at Georgetown Law, state that these tools pose a threat to privacy and constitutional rights due to what they describe as an insufficient regulatory framework and oversight. Emily Tucker, executive director of the Center on Privacy and Technology, stated that such tools contribute to a "massive surveillance apparatus." Jeramie Scott, senior counsel at the Electronic Privacy Information Center (EPIC), characterized the spyware as "extremely dangerous surveillance tech that really goes against our Fourth Amendment protections."
David Bier, director of immigration studies at the Cato Institute, described the ability for agents to instantly identify individuals in public spaces as a "big leap" that could diminish anonymity and potentially deter participation in public protests.
Reported Field Incident
A video posted on TikTok in Aurora, Illinois, in the past month appeared to show masked Border Patrol agents approaching two young individuals on bicycles. The agents questioned their citizenship and requested identification. One individual, identifying as a 16-year-old U.S. citizen without an ID, was reportedly subjected to a facial scan by an officer using a cell phone. NPR confirmed the location of the video. The specific app used in this incident was not identified.
Agency Statements and Policy Developments
ICE released a statement indicating that law enforcement has historically leveraged technological innovation to combat crime, including the arrest of criminal individuals, while asserting respect for civil liberties and privacy interests. The Department of Homeland Security (DHS) stated that any technology utilized by its components must adhere to established requirements and oversight frameworks.
DHS has also published a proposed rule that would broaden the agency's authority to collect biometric data from noncitizens and their U.S. citizen relatives during immigration status adjustment applications, such as for green cards or citizenship. The proposed data collection includes facial images, iris scans, finger and palm prints, voice prints, and DNA. A public comment period for this rule is open until early January.
Surveillance Infrastructure Context
The DHS has expanded its surveillance capabilities since its establishment following 9/11, under both Republican and Democratic administrations. A 2022 report by Georgetown Law's Center on Privacy and Technology indicated that ICE could locate three out of four U.S. adults via utility records and had scanned one-third of adult Americans' driver's license photos. Georgetown's Emily Tucker noted that the current administration's approach to immigration enforcement is more assertive, challenging previous operational norms.