To ensure the safety of citizens throughout the world, and to enforce immigration laws, the Department of Homeland Security and Immigration and Customs Enforcement (ICE) have always relied heavily on social media monitoring as an essential component of their respective operations.
As an integral part of the agency's “enhanced screening” protocols, which are applied to foreign nationals upon their arrival in the United States, such monitoring has been an integral part of the agency's programs for several years.
In addition to enforcing the protocols at borders and international airports, even visitors who are visiting the country for a limited period are subject to them.
As part of its extensive surveillance efforts, ICE has utilized a range of technological tools. These techniques include purchasing location information from third-party data brokers, accessing utility bill databases, and utilizing other information sources to track undocumented immigrants.
In addition to gathering vast amounts of personal information, these methods enable the agency to conduct enforcement activities that are aimed at improving the quality of life of Americans.
Recent developments have shown that ICE has adopted a new, advanced surveillance tool that is capable of continuously gathering, organizing, and analyzing information from various online platforms. As reported by Joseph Cox for 404 Media, this tool combines data from several social media services and websites to expand the capability of ICE in terms of digital surveillance.
In the course of implementing this technology, Immigration and Customs Enforcement (ICE) is taking steps to improve its monitoring and data-gathering strategies in response to the threat that the agency is facing. The agency is preparing to expand its efforts to monitor and analyze online discourse as part of its digital surveillance efforts. These initiatives will be focused on individuals who are expressing negative opinions about the agency or making threats against its personnel.
A recent request for information issued by ICE in November called for private sector companies that can improve the organization's monitoring capabilities to aid it in countering an increasing number of external threats, which are being spread through social media and other online platforms.
As part of its 15-page statement outlining its objectives, the agency detailed the requirements for a specialized contractor to conduct extensive online monitoring as part of their monitoring efforts.
In order to identify potential risks, it would be the responsibility of the selected entity to scan social media networks, publicly accessible online databases, the deep web, and the dark web.
As part of ICE's efforts to pinpoint and assess potential threats, it has specified the need for advanced analytical tools such as geolocation tracking, psychological profiling, and facial recognition to assist in this process. These increased monitoring efforts have resulted in increased scrutiny of individuals who have consistently made negative statements about ICE or who have mentioned specific immigration enforcement personnel on social media.
Through this initiative, the agency is showing its commitment to strengthening its security measures through enhanced digital surveillance and intelligence collection techniques. It was in November, just after Trump's electoral victory, when Immigration and Customs Enforcement (ICE) announced multiple solicitations on federal procurement websites, seeking contractors for enhancing, upgrading, and expanding its technological capabilities so that it can better track, monitor, and monitor noncitizens.
Trump's administration has been supporting the ICE agency despite its history of violating human rights, mistreating its detainees, and committing misconduct within its detention facilities and deportation operations. In his campaign, Trump promised that he would implement large-scale deportations, which he promptly carried out during his presidency.
His administration took action within a couple of days after taking office by authorizing nationwide immigration enforcement operations, robbing ICE of restrictions on its activities in sensitive locations, including schools, hospitals, and places of worship. This policy shift enabled the department to take effective action against immigration violations everywhere.
There was also the passage of the Laken Riley Act during the same time these measures were taking place, which gave ICE the authority to deport individuals convicted of minor offences, such as shoplifting, regardless of whether conviction had been obtained or not. As a result of bipartisan support, ten senators and 48 members of the House of Representatives voted in favour of this legislation, which has been criticized for undermining due process rights.
As ICE is poised to expand its surveillance apparatus, policy changes are not the only factor driving it.
Additionally, private contractors have financial interests that are influenced by these entities as they strive to maximize profits. These entities are motivated by profit and wish to broaden enforcement mechanisms, which in turn increases the number of people being monitored and detained.
A growing anti-immigrant sentiment has sparked concern among advocacy organizations and civil society organizations about the protection of immigrant communities in the United States.
A growing number of activists and civil society groups are now focusing on exposing and challenging the growing surveillance infrastructure, a system that has been built over the past decade, and which is being reinforced by an administration that has used incendiary rhetoric against immigrants and activists, calling them threats to the country.
ICE’s Expanding Surveillance Network and Private Sector Involvement
The growth of electronic monitoring within immigration enforcement has made BI Inc., an organization that has a $2.2 billion contract with Immigration and Customs Enforcement (ICE) that is set to expire in July, one of the major beneficiaries of the expansion of electronic monitoring.
The BI Inc., as the only provider of electronic monitoring devices for ICE, has a crucial role to play in implementing the agency’s surveillance programs as its exclusive provider of electronic monitoring devices. This company is owned and operated by a subsidiary of the GEO Group, the world's largest private prison corporation. They operate multiple immigration detention facilities that are contracted by the Department of Immigration and the Department of Homeland Security.
Geo Group's involvement in political financing has also been heavily emphasized, with $3.4 million contributed to political campaigns in 2024 by Geo Group, of which $3.4 million went to the Make America Great Again super PAC.
Last year, the company also spent $1.03 million on lobbying activities, directing a substantial amount ($340,000) in favour of policies that relate to immigration enforcement and alternatives to detention, a sector in which BI Inc. has long held a dominant position.
Legal Challenges and Privacy Concerns Surrounding ISAP
There have been several advocacy groups that are urging more transparency regarding ICE's Intensive Supervision Appearance Program (ISAP), which uses electronic surveillance rather than detention facilities to place immigrants under electronic surveillance. These groups include Just Futures Law, Mijente, and Community Justice Exchange.
There have been some organizations that have sued ICE to obtain information regarding the type of data collected and the way it is used, but after examining the agency's response to these questions, they concluded in 2023 that the agency had not provided adequate assurances regarding the protection of data and privacy in ISAP.
ICE’s Use of Facial Recognition Technology
ICE has been using facial recognition software since 2020.
They contracted Clearview AI, which is famous for scraping images from social networks and the internet without the consent of the individuals involved. By matching this data to names and cross-referencing it with law enforcement databases, the police can identify individuals suspected of crime.
As a result of Clearview AI's practices being questioned in multiple jurisdictions, the EU has imposed a ban on its operations in the EU due to violations of the General Data Protection Regulations (GDPR), which govern data collection and use.
Numerous lawsuits have been filed against the company claiming that the company has engaged in unlawful surveillance practices in the United States.
A $2.3 million contract with Clearview AI ended in September 2023, and it has not yet been decided whether or not the agency has renewed the contract or will continue to utilize the software in another manner. Moreover, Clearview AI has not only been in legal battles, but has also been actively lobbying against legislation that would regulate both its operation and the operation of data brokers as well.
Growing Concerns Over ICE’s Surveillance Expansion
With the increasing use of electronic monitoring and facial recognition technology by ICE, concerns remain regarding privacy violations, data security, and ethical implications that are associated with these technologies as they continue to expand their surveillance infrastructure. It is important to note that the agency relies on private companies with vested financial interests, which further emphasizes the complexity of immigration enforcement and civil liberties in a digital age.
