Immigration and Customs Enforcement (ICE) is reportedly enlisting the aid of private contractors to monitor the internet and social media to identify threats to its agents and facilities.
A contract document obtained by The Intercept outlines plans to use various tools to conduct extensive surveillance online using third-party companies to avoid running afoul of privacy laws, among others.
The revelation has raised concerns that the surveillance could result in unlawful spying on and targeting of Americans – even those who simply criticize ICE.
The procurement document justifies the expanded surveillance program by citing increased threats to the agency’s leadership, personnel, and facilities coming from social media platforms and other corners of the internet.
“Over the last two years, ICE has experienced an increased level of external threat activity directed towards its Senior leaders, personnel and facilities,” the document reads, further noting that “Much of this threat activity originates from social media and online postings and has since expanded to physical attacks on ICE facilities and the homes of ICE employees.”
A NewsNation report suggests that Mexican drug cartels have authorized the use of weaponized drones against ICE agents. It identified several social media posts suggesting ways to harm ICE agents.
One post encourages people to assassinate ICE police, while a TikTok video tells immigrants illegally in the U.S. to spit and urinate on ICE agents’ food and defecate in their vehicles. Another post calls for the murder of local ICE agents.
A second memo warns that cartels have authorized the use of drone explosives against CBP personnel and U.S. law enforcement officers.
Border czar Tom Homan told NewsNation this week that leaked information about targeted operations has forced authorities to pivot to keep officers and agents safe.
“We’ve got many target cities, but I’m not going to share them with you because we got to keep our officers safe,” Homan said.
“Matter of fact, Chicago, that operation was leaked, so we had to reschedule that one. But we need an element of surprise because of officer safety issues. We don’t want the bad guy to know we’re coming,” he added.
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The document notes that “ICE requires real-time threat mitigation and monitoring services, vulnerability assessments, and proactive threat monitoring services” to stop those seeking to harm agents.
ICE categorizes threats into three separate tiers, including threats to ICE senior leaders and their families, “general” agency employees and facilities, and specific ICE employees and facilities.
“Assessments will include queries to determine what personally identifiable information is publicly available about those in categories Tier 1, 2 and 3 (Phone numbers, addresses, relatives, etc.),” the document reads.
ICE will conduct surveillance and data aggregation using open-source intelligence (OSINT), dark web searches, geolocation tracking, sentiment analysis, and psychological profiling, according to the document.
The contractor will analyze individual(s) and/or organization(s) making threats. Analysis should include: 1). Previous social media activity which would indicate any additional threats to ICE; 2). Information which would indicate the individual(s) and/or the organization(s) making threats have a proclivity for violence; and 3). Information indicating a potential for carrying out a threat (such as postings depicting weapons, acts of violence, references to acts of violence, to include empathy or affiliation with a group which has violent tendencies; references to violent acts; eluding to violent acts, etc.).
The document stresses that all data collected under the program must adhere to federal privacy laws, including the Privacy Act and Freedom of Information Act (FOIA).
“The Contractor may access publicly-available information only by reviewing posted information and may not interact with the individuals who posted the information,” the document reads.
The contractors must operate independently without direct government supervision. However, ICE can audit third parties to ensure they are compliant with regulations.
When a target is flagged, the contractors will search the person’s internet history and attempt to find their location and offline identity. It will compile personal information, including Social Security numbers and the addresses of those who are flagged, according to The Intercept.
Cinthya Rodriguez with immigrant rights group Mijente, told The Intercept that the program is “concerning” and that it “falls within the agency’s larger history of mass surveillance, which includes gathering information from personal social media accounts and retaliating against immigrant activists.”
Federal agencies like ICE and others should have the ability to identify and mitigate potential threats before they carry out violence against agents. Not only could this safeguard employees, but also civilians who could get caught in the crossfire. The agency stresses that its program is aimed at rooting out these dangers while still respecting the constitutional rights of Americans.
On the other hand, some concern is warranted given what we have seen from numerous federal agencies that were caught illegally spying on and targeting everyday citizens. The FBI’s misuse of Section 702 of FISA is only one example of how corrupt officials can abuse these programs to violate constitutional rights.
If ICE can effectively identify threats while avoiding constitutional rights abuses, then it could be a positive. However, this type of initiative must have radical levels of oversight and accountability for those who might abuse it.
ICE and the Department of Homeland Security could not be reached for comment.
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