Warner, Kaine Demand Investigation into DHS Surveillance
WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) sent a letter to the Department of Homeland Security’s (DHS) Inspector General Joseph Cuffari urging him to investigate current and future DHS procurements that enable the collection, retention, and analysis of sensitive personal data. As DHS continues a mass deportation campaign across the country, Warner and Kaine raised serious concerns that DHS is collecting and utilizing sensitive data about U.S. citizens and non-citizens in ways that may circumvent Fourth Amendment protections and other constitutionally guaranteed civil liberties, while operating with insufficient oversight and accountability.
“We write to you to express our concern that the Department of Homeland Security (DHS) is collecting sensitive personal data that can be used to circumvent civil liberty protections, including those guaranteed under the Fourth Amendment. This matter deserves your office’s immediate attention, and we request that your office audit DHS’ immigration procurement activities to determine whether they have led to violations of federal law and other regulations that maintain privacy and defend against unlawful searches,” the senators wrote.
“Numerous media reports and videos show DHS immigration enforcement operations in cities and towns across the country, including allegations of violations of individuals’ civil rights,” the senators continued. “On at least two separate occasions DHS law enforcement personnel – one working for Immigration and Customs Enforcement (ICE) and the other for Customs and Border Protection (CBP) – have shot and killed American citizens. Renee Good, a 37-year-old mother of three, was shot 3 times in Minneapolis by an ICE agent. Alex Pretti, a 37-year-old intensive care nurse who worked at a U.S. Department of Veterans Affairs hospital, was also shot in Minneapolis during an encounter with CBP. Additionally, ICE agents have shot and wounded another person and deployed flash bangs and teargas on a family, resulting in the hospitalization of small children, including a 6-month-old baby.”
Warner and Kaine noted that alongside these recent, documented instances of excessive and deadly use of force by DHS immigration enforcement is an unprecedented allocation of funds that may be supporting the inappropriate and unsupervised use of surveillance technology.
“In addition to egregious practices we have seen in public reporting, 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,” added the senators. “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.”
“DHS law enforcement agencies have moved to amass potentially sensitive personal data with the unprecedented $165 billion DHS was allocated during last year’s partisan reconciliation process. Immigration and Customs Enforcement (ICE) alone received $75 billion, more funding than that allocated to the Federal Bureau of Investigation (FBI), an agency responsible for investigating violations of a significantly greater number of laws,” the senators continued.
Warner and Kaine provided a detailed list of questions to Inspector General Cuffari intended to uncover the manner and methods by which DHS collects, stores, uses, and shares data that contains personally identifying information and requested that DHS provide a briefing on their investigation and findings to them.
The senators wrote, “DHS’ reported disregard for adhering to the law and its proven ambivalence toward observing and upholding constitutionally-guaranteed freedoms of Americans and noncitizens, including freedom of speech and equal protection under the law, leaves us with little confidence that these new and powerful tools are being used responsibly. 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 full text of the letter is available here.