In America: DHS’s Supercharged Surveillance Tools
bloomberg
The Department of Homeland Security (DHS) has poured immense resources into surveillance system contracts since last year’s One Big Beautiful Bill gave the department more than $190 billion. With the influx of new and resurgent spyware technologies under the purview of DHS agencies, it is unclear whether Congress can effectively exercise oversight over DHS while DHS is the subject of immense funding and political debate.
Here is a breakdown of the spyware tools currently employed by Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP), agencies under DHS's purview.
Facial Recognition
Facial recognition technologies, like NEC’s Mobile Fortify, allow ICE officers to immediately compare face scans and fingerprints against databases containing information on an individual’s immigration status and personal history. DHS notes that formal privacy oversight of Mobile Fortify use limits ICE officers' access to, use of, and retention of facial recognition data.
Clearview AI is another facial recognition system employed by ICE. Previously, Clearview’s facial recognition system had been used in cases of child sexual exploitation and abuse; however, ICE officials indicated in a contract renewal last September that they would expand usage to investigate assaults against enforcement officers.
License Plate Readers
License plate reading hardware from Motorola Solutions uses high-speed cameras to photograph cars and store license plate data in databases, such as Thomas Reuter’s. This data allows ICE officers to track individuals by providing access to information such as whether they regularly park their car at their residence or frequent another location.
Cellphone Location
ICE officers employ cellphone location technology via cell-site simulators, also known as Stingrays, that enable real-time tracking of a phone’s approximate location. Stingrays can pinpoint a specific phone if its associated identification number is available, and they can also scan all phones in a specific area. Typically, ICE officers must obtain a warrant before deploying devices like Stingrays. Some emergency exceptions are permitted to protect human life, prevent serious injury, and pursue a fleeing felon. However, a 2023 report from the DHS inspector general suggests that ICE officers frequently disregard the requirement to obtain a warrant for the legal deployment of Stingrays and abuse these emergency exceptions.
Phone Location Databases
Phone location databases are technically limited by the 2018 US Supreme Court case of Carpenter v. United States, in which the ruling declared that mobile phone location data revealed so much about an individual’s livelihood that authorities are required to obtain a warrant before accessing such data. Rather than going through these legal routes, DHS agencies have been circumventing this by obtaining location data from commercial brokers such as Penlink.
Brokers like Penlink legally obtain phone location data through weather or mobile game apps that gain user consent for tracking. ICE currently has a subscription to Penlink’s Webloc database, which allows ICE officers to track all phones in a specific location.
Digital Forensics
ICE also employs digital forensics tools that allow ICE officers to bypass phone security and obtain information related to multimedia, locations, passwords, deleted files, communications, and encrypted chats. Part of last year’s spending included a contract with the Israeli company Paragon Solutions, which makes devices that can remotely hack into phones. ICE also employs devices from Cellebrite, which can bypass a locked phone and seize its data, and Finaldata, which can recover deleted data from devices.
Drones
Drones are increasingly part of law enforcement capabilities, with ICE and CBP deploying the Skydio X10D and MQ-9 Predator drones. Skydio’s X10D drones are equipped with thermal and night vision cameras that can detect individuals up to 7.5 miles away. MQ-9 Predator drones are modular and can be equipped to meet specific mission needs; however, all MQ-9 Predator drones come with a basic suite of infrared sensors, radar, and high-definition cameras.
Oversight
Congress is actively implementing several bills and measures to provide oversight on DHS’s expansive surveillance and spyware spending. Several bills are currently on the agenda for both chambers of Congress. These include the DHS Use of Force Transparency Act, the Oversight, Protection, and Enforcement Notification Act (OPEN Act), and the Strengthening Oversight of DHS Intelligence Act.
The DHS Use of Force Transparency Act would require the Secretary of Homeland Security to provide unrestricted access to the relevant House committees on DHS use of force, including DHS officer-involved shootings, deaths occurring in DHS custody, video/audio footage, and incident or investigative reports. The goal of this bill is to increase transparency and governmental oversight related to ICE-related injuries and deaths.
The OPEN Act would tackle DHS detention standards. More specifically, the OPEN Act would allow detained individuals to contact family members and access legal counsel, require notification to family members or legal counsel when detained individuals are transferred to another facility, require judicial warrants for immigration enforcement, and establish requirements for independent inspections before converting any facility into an immigration detention center.
The Strengthening Oversight of DHS Intelligence Act addresses privacy protection associated with DHS intelligence gathering and operations. This bill would enhance privacy protections by ensuring DHS compliance with civil rights laws and by implementing audits of DHS intelligence activities.
Overall, DHS has received substantial funding to expand its surveillance capabilities and the reach of its agencies. While Congress is attempting to exercise oversight over these newfound capabilities, it is unclear whether these bills can pass, given that immigration, border control, and DHS capabilities remain heavily politicized and polarizing for policymakers and Americans alike.