Senators urge DHS watchdog to probe expanding use of biometric and surveillance data by ICE, CBP

Two prominent Democratic U.S. senators have directed the Department of Homeland Security’s (DHS) inspector general (IG) to investigate what they describe as an accelerating and poorly supervised expansion of biometric collection, data aggregation, and surveillance tools by its immigration enforcement agencies, warning that DHS may be amassing sensitive personal information in ways that circumvent constitutional protections.

In their letter Thursday to DHS Inspector General (IG) Joseph Cuffari, Sens. Mark Warner and Tim Kaine argue that a growing web of technology procurements across Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and related DHS components has dramatically expanded the government’s ability to collect, retain, and analyze personal data about Americans and noncitizens alike.

“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 two senators told Cuffari.

Appointed by President Donald Trump, Cuffari has been the DHS IG since July 2019 and has had a checkered tenure – before and since. In October 2024, the Council of the Inspectors General on Integrity and Efficiency found, among other things, that Cuffari provided incorrect or misleading information to Congress about investigations into his conduct.

Warner is the former chair and current vice chair of the Senate Select Committee on Intelligence, and undoubtedly will scrutinize Cuffari’s actions in response to his and Kaine’s letter.

Warner and Kaine asked the inspector general to conduct a comprehensive audit of DHS immigration procurements and data practices to determine whether they have resulted in violations of federal law, privacy safeguards, or the Fourth Amendment.

The letter situates its concerns against the backdrop of recent, highly publicized enforcement actions, including fatal shootings of two U.S. citizens during encounters with ICE and CBP officers and aggressive tactics in residential neighborhoods.

“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,” the two senators told Cuffari.

“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 senators noted.

According to the lawmakers, DHS has quietly assembled a “muddled patchwork” of data and surveillance systems that together allow immigration authorities to profile, target, and monitor individuals at scale.

They contend that this architecture risks eroding long-standing limits on government searches by shifting enforcement decisions upstream, into opaque data pipelines that aggregate information from commercial, governmental, and third-party sources.

The letter points to DHS’s unprecedented recent funding levels as a catalyst for this expansion. ICE alone received $75 billion in the most recent reconciliation package, more than the FBI, enabling rapid procurement of data-driven tools without what the senators describe as commensurate oversight or transparency.

Among the initiatives cited are requests for information aimed at big data and advertising technology firms, proposals to expand biometric collection by U.S. Citizenship and Immigration Services, and efforts to hire contractors dedicated to social media and open source intelligence monitoring.

The senators also reference contracts or notices involving iris-scanning technology, facial recognition vendors, social media monitoring platforms, and license plate reader systems that DHS allegedly accessed without formal authorization.

Particular concern is directed at biometric programs that go beyond fingerprints to include facial images, iris scans, and other identifiers that are difficult or impossible to change if compromised.

Warner and Kaine warn that such data, once collected, can be retained indefinitely, shared broadly across agencies, or repurposed for uses far removed from the original justification of immigration enforcement. They argue that expanding biometric collection to children and individuals with no criminal history raises profound questions about consent, proportionality, and due process.

The letter also highlights the role of data integration platforms, including upgrades to ICE’s Investigative Case Management system that link immigration records with information drawn from across the federal government.

In the senators’ view, these systems blur the line between civil immigration enforcement and generalized domestic surveillance, particularly when combined with commercial data, social media monitoring, and location-tracking tools.

Warner and Kaine argue that DHS’s track record heightens the risk. They cite court findings and media reporting documenting instances in which immigration officials misrepresented facts, failed to follow internal policies, or disregarded constitutional safeguards.

Against that backdrop, they question whether DHS can be trusted to deploy powerful surveillance technologies without subjecting Americans to monitoring under the pretext of immigration enforcement.

“Coupled with DHS’ propensity to detain people regardless of their circumstances, it is reasonable question whether DHS can be trusted with powerful surveillance tools and if in doing so, DHS is subjecting Americans to surveillance under the pretext of immigration enforcement,” the senators said.

The senators formally request that Cuffari investigate how DHS stores, uses, and shares personally identifying information; whether data obtained from other agencies, contractors, or third parties is used to select enforcement targets; and how access to that data is granted across federal, state, and local entities.

They also seek information on false positives generated by biometric systems, legal analyses supporting the detention of U.S. citizens based on biometric matches, and any arrangements between DHS and social media companies for data access.

The lawmakers further questioned whether DHS purchases data from brokers for immigration enforcement, whether individuals can refuse or withdraw consent for biometric collection, and what cybersecurity and data use restrictions are imposed on private contractors.

The senators asked for documentation on all of these points and requested a briefing to their offices once the investigation is complete.

Taken together, the letter frames DHS’s technology buildout as a civil liberties issue as much as an immigration one. The senators warn that without rigorous oversight, clear legal boundaries, and meaningful accountability, the expansion of biometric and data-driven enforcement tools risks normalizing surveillance practices that reach far beyond noncitizens and into the daily lives of Americans themselves.

Article Topics

biometrics  |  CBP  |  DHS  |  ICE - U.S. Immigration and Customs Enforcement  |  law enforcement  |  surveillance  |  U.S. Government