Consider This from NPR

What it’s like to get caught in ICE’s surveillance web

8 min
Mar 5, 20263 months ago
Listen to Episode
Summary

NPR investigates how ICE and DHS use surveillance tools—including license plate readers, facial recognition, data brokers, and administrative subpoenas—to track immigrants and intimidate U.S. citizens who protest or document their activities. Legal experts warn these practices threaten First and Fourth Amendment protections.

Insights
  • ICE leverages commercial data broker networks to access DMV records and license plate information without warrants, enabling rapid identification of activists and immigrants
  • Federal agencies are using administrative subpoenas to unmask anonymous social media critics without judicial oversight, creating a chilling effect on free speech
  • Surveillance tactics extend beyond deportation enforcement to deliberate intimidation of U.S. citizens exercising constitutional rights to protest and document government actions
  • The agency's budget increases have accelerated investment in surveillance technology, creating infrastructure for expanded monitoring capabilities
  • DHS refuses transparency on surveillance methods while claiming legal authority, blocking public accountability and judicial review of these practices
Trends
Expansion of administrative subpoenas targeting anonymous online speech without judicial warrantsIntegration of commercial data broker networks into federal immigration enforcement operationsUse of facial recognition and location tracking technology against both deportable immigrants and U.S. citizen activistsDeliberate intimidation tactics (vehicle pursuit, home address recitation) as enforcement strategy against protestersGrowing legal challenges to surveillance practices under First and Fourth Amendment groundsIncreased federal funding enabling rapid deployment of surveillance technology across ICE operationsBlurred lines between immigration enforcement and political surveillance of dissidentsMeta and other tech platforms receiving administrative subpoenas for user identity disclosure
Topics
ICE Surveillance Technology and MethodsLicense Plate Reader Data and DMV Records AccessFacial Recognition Technology in Immigration EnforcementAdministrative Subpoenas and Online PrivacyFirst Amendment Protections for Anonymous SpeechFourth Amendment Warrant RequirementsData Broker Practices and Federal Agency AccessPalantir Elite Mapping Tool for ICECell Phone Location Tracking by Federal AgenciesIntimidation Tactics Against Activists and ProtestersDHS Transparency and AccountabilityConstitutional Challenges to SurveillanceImmigration Enforcement Technology BudgetSocial Media Monitoring by Federal AgenciesRetaliation Against Government Critics
Companies
Palantir
Develops Elite mapping tool used by ICE agents to identify locations of immigrants eligible for deportation
Meta
Parent company of Instagram and Facebook; received administrative subpoenas demanding unmasking of anonymous accounts...
People
Luke Careya
Democratic Congressman from California who questioned DHS Secretary Christy Noem about database creation during House...
Christy Noem
DHS Secretary who denied creating domestic terrorist database; announced departure from post at end of month
Nathan Wessler
ACLU representative discussing threats to free speech from administrative subpoenas targeting anonymous social media ...
Jude Jaffee Block
NPR reporter investigating ICE surveillance tools and their use against activists and immigrants
Meg Anderson
NPR reporter documenting accounts of people caught in DHS surveillance web and intimidation tactics
Quotes
"We see you. We can get to you whenever we want to."
ICE Agent (paraphrased)Opening segment
"There is no database of domestic terrorist run by DHS."
Department of Homeland SecurityEarly segment
"There's a long tradition going back to the founding of this country where courts have recognized that sometimes the only way to be able to speak safely without fear of retaliation is to do so without your name attached."
Nathan Wessler, ACLUMid-episode
"Freedom of speech does not include rioting."
DHS StatementClosing segment
Full Transcript
A couple of months ago in Minneapolis, a woman named Emily was following an ice vehicle around to keep tabs on it. We're only using her first name because she fears retribution from the federal government. Emily told NPR that on this particular day, the vehicle she was following came to an abrupt stop. I stopped as well and I waited. And then someone leaned out of the passenger side of that SUV. A masked federal agent leaned out of the window to a picture of her car and a picture of her. She tried to leave the SUV flipped around and suddenly sped directly towards me. And I thought that they were going to keep on me deliberately, run right into my driver's side door. But right before they hit me, they'd break really hard. Female agent rolled down the window and leaned out and addressed Emily by name. And she yelled, Emily, Emily, we're going to take you home. Then she looked at her phone and it looked like she was reading off my address. She recited my home address. Emily, so she has no idea how they pulled up her information so quickly. Their message was not subtle, right? They were in effect saying we see you. We can get to you whenever we want to. And it did scare me. The Department of Homeland Security has told NPR, quote, there is no database of, quote, domestic terrorist run by DHS. Congressman Luke Careya, a Democrat from California, asked DHS secretary Christy Nome about it during hearing in the House yesterday. One of your ICE officers in Maine recently told it an observer that they're creating a database. Are you creating a database, Mune? No, we are not creating a database. No, we'll soon be out of that job. President Trump announced she will leave the post at the end of the month. NPR has compiled dozens of accounts of people caught up in the surveillance web just like Emily. They add another layer to our understanding of the broad tools that DHS, and more specifically ICE, are using to monitor people, they seek to deport, and to intimidate US citizens critical of their policies. Consider this, what is it like to be caught up in DHS's surveillance web? From NPR, I'm Scott Detro. This message comes from Wise, the app for international people using money around the globe. Send, spend, and receive an up to 40 currencies with only a few simple tabs. Be smart, get wise. Download the Wise app today or visit Wise.com, T's and C's apply. It's considered this from NPR, immigration, and customs enforcement, is using a variety of tools to surveil people they want to intimidate and apprehend. That web helps federal agents find people they want to deport, but it also allows them to identify US citizens who criticize and protest the federal government and its policies. NPR's Jude Jaffee Block and Meg Anderson have been digging into this and they are joining us now. Hello. Hi. Meg, I want to start with you. Tell us what you have heard from people who have had interactions with immigration officers. Yeah, so let me tell you about the experience of one person that really illustrates what we found. Her name is Elle and PR is not using her last name because she's worried about retaliation from the federal government. She lives in Minneapolis and she told us about following ICE around her neighborhood to document their actions. They would just get out their phones and then come and stand right in front of my car and take pictures of me and take pictures of our license plate. And they frequently would come up to my vehicle and pound on the glass. Once she said she was following ICE officers and realized that they were driving her to her own home. She felt like the officers were trying to intimidate her. We collected dozens of accounts like this, both through interviews and court documents and in other states beyond Minnesota too. Okay, so those are the tactics that people are seeing in person. Jude, let me ask you, what do we know about how technology is being used to do things like this? Yeah, well, in these cases of observers who are driving to document ICE and then agents know their names and like in L's case, know where they live. License plate data seems to be a big part of how these agents are figuring out who the car is registered to. And there's a few ways ICE can get this information and one is that data brokers buy up this data from state DMVs and sell it to ICE. This technique is also being used on immigrants too. Agents are looking up license plates. They can see on the road or in parking lots to identify whether the car is registered to someone who could be deported. License plate information seems like just the beginning of all this and it's worth flagging. These efforts have gotten a lot of funding under this administration, right? That's right, ICE's budget skyrocketed last year and that's allowed the agency to invest a lot into new surveillance tech. We also know ICE agents are using facial recognition technology. There's also a nap that helps ICE agents find where immigrants who can be deported might live. That's called elite. It's made by the company Palantir and one ICE agent described it in court testimony is showing an interface like Google Maps. ICE also has an access to a tool that collects data that can be used to track cell phone locations and this week more than 70 Democratic members of Congress wrote a letter urging the agency's watchdog to investigate this. Okay, Meg. One other question is what's happening online? Yes. So there is surveillance happening online as well and what we found is it's happening a lot in the form of something called an administrative subpoena. So those can be issued by federal agencies without a judge and we know that they have already been sent to tech companies demanding to unmask anonymous social media accounts. In this case, accounts that are critical of ICE. We spoke to one man who got an email from Meta. That's the parent company of Instagram and Facebook alerting him to a subpoena. He had just shared a post that identified an ICE agent using publicly available information. The agency just though accused him of doxing the agent. He asked a federal court to block the subpoena and then later the agency did withdraw it, but Nathan Wessler with the ACLU told us that this is still a threat to free speech even though the agency withdrew that subpoena. There's a long tradition going back to the founding of this country where courts have recognized that sometimes the only way to be able to speak safely without fewer retaliation is to do so without your name attached. And that note what legal implications do all of these surveillance tools raise? Yeah, so legal experts we spoke to brought up concerns in a variety of ways, most notably in threats to the First Amendment. That comes up in the case of those subpoenas and the online criticism. Generally, the right to anonymity is protected. And there are lawsuits in states like Minnesota and Maine alleging that when ICE officers bleed people to their homes, things like that, that that amounts to intimidation and violates a protesters' freedom of expression. Some lawyers we spoke to also brought up concerns about the Fourth Amendment, which protects people from unreasonable searches. They said some of these tools help DHS access information they would otherwise need a warrant for. And Jude, what did DHS say about all of this? Yeah, well the agency didn't answer all of our questions about these tools or how they're being used saying they would not, quote, reveal law enforcement methods or tactics, but in a statement to NPR, they refuted claims that these tools are unlawful. When it comes to allegations that facial recognition technology violates the Fourth Amendment, the agency said its use is, quote, governed by established legal authorities and formal privacy oversight. And regarding allegations that the agency is violating the First Amendment, DHS said freedom of speech does not include, quote, rioting, though to be clear, the activists we spoke to were engaged in peaceful protests and observation. That was NPR's Jude Jaffee Block and Meg Anderson. Thanks, Steve-off. Thanks. Thank you. Reporting from NPR's Cat Lawn Store of Contributed to the Story, this episode was produced by Gabriel Sanchez and Karen Zamora with Audio Engineering by Ted Meebe. It was edited by Alina Hartunian, John Catchum, and Sarah Handel. Our executive producer is Sam Yennegan. It's considered this from NPR, I'm Scott Detro.