Overview
Federal immigration agencies have built an extensive surveillance and data analytics infrastructure. Understanding these systems is essential for legal advocacy, privacy protection, and informed civic engagement.
Biometric Infrastructure
The HART System
DHS is transitioning its legacy biometric database (IDENT) to the Homeland Advanced Recognition Technology System (HART), managed by the Office of Biometric Identity Management (OBIM).
HART Capabilities
| Data Type | Description |
|---|---|
| Facial recognition | Photographs from multiple sources |
| Fingerprints | 10-print and latent prints |
| Iris scans | High-resolution iris images |
| Biographic data | Names, dates of birth, addresses |
| Multi-modal linking | Cross-references across data types |
Population Covered
HART is designed to store hundreds of millions of records including:
- U.S. citizens
- Lawful permanent residents
- Foreign nationals
GAO Findings on HART
The Government Accountability Office (GAO-23-105959) classified HART as a severe programmatic failure:
| Metric | Original | Current |
|---|---|---|
| Cost estimate | $4.2 billion | $6.158 billion |
| Completion date | 2021 | Delayed ~5 years |
| Contract deliverables | Expected | Failed all |
Privacy Deficits
GAO reports indicate the program lacks basic privacy assurances regarding:
- Partner agency data retention
- Foreign government access
- Data disposal procedures
- PII security for DOJ Next Generation Identification System users
Data Analytics Platforms
Palantir Investigative Case Management (ICM)
ICE relies heavily on Palantir Technologies for data processing. The ICM system replaced the legacy TECS system.
ICM Capabilities
Based on FOIA documents:
- Links investigative records across sources
- Maintains "Interface Hub" to pull external data
- Stores telecommunications data from subpoenas
- Creates comprehensive individual profiles
Contract Scope
| Contract | Amount |
|---|---|
| ICM base contract | $115+ million |
| ImmigrationOS expansion | $30 million |
| Total | $145+ million |
ImmigrationOS Platform
The newest Palantir system utilizes artificial intelligence to:
- Aggregate disparate public and private data streams
- Process data regardless of veracity
- Access IRS tax data
- Access passport records
- Access license-plate reader data
- Enable rapid, automated enforcement decisions
Commercial Location Data
Carpenter v. United States (2018)
The Supreme Court ruled that the government generally requires a warrant to access historical cell-site location information.
The Bypass: Data Brokers
To circumvent constitutional requirements, DHS components purchase access to location data from private commercial brokers.
Documented Contracts
FOIA litigation by ACLU and EFF revealed purchases from:
- Venntel - Cell phone location data
- Babel Street - Location analytics
Capabilities Purchased
- Track historical movements from workplaces to homes
- Monitor city blocks
- Track devices over time
- Execute mass surveillance without:
- Judicial oversight
- Probable cause
- Warrants
Agencies Involved
- ICE
- CBP
- Secret Service
- Coast Guard
Legislative Response
Privacy advocates have called for passage of the "Fourth Amendment Is Not For Sale Act" to close the commercial data loophole.
State Database Access
DMV Data Access
Nineteen states and D.C. allow undocumented residents to obtain driver's licenses. Many have statutory bars limiting information sharing with ICE.
Case Study: Washington State
Despite the Keep Washington Working Act explicitly prohibiting use of state resources for civil immigration enforcement:
| Finding | Detail |
|---|---|
| Query volume | 2.6 million queries in 11 months |
| Access method | Nlets and ACCESS interface |
| Data accessed | License plates, driver photographs |
| Usage | Facial recognition, targeted stops |
IRS Data Sharing
In April 2025, IRS and ICE entered a Memorandum of Understanding allowing:
- ICE to bypass court orders
- Direct request of taxpayer's last known address
- Investigation of 8 U.S.C. ยง 1253(a)(1) violations (willfully remaining after removal order)
Legal Basis
Relies on exception in Section 6103 of the Internal Revenue Code.
Impact
- Enables neighborhood-level enforcement
- Targets individuals and employers
- Erodes taxpayer trust in confidentiality
Parallel Construction
Definition
A practice where agencies:
- Use sensitive, secret, or constitutionally questionable surveillance to locate a target
- Artificially engineer a separate, conventional evidentiary basis
- Use the "clean" evidence to justify arrest
Example Pattern
- Locate individual through warrantless commercial location data
- Orchestrate routine traffic stop for minor violation (broken taillight)
- Arrest based on traffic stop
- Conceal original surveillance method from court
Legal Impact
- Deprives defendants of ability to challenge original search
- Insulates surveillance techniques from judicial review
- Undermines due process principles
Facial Recognition
Sources Used
- DMV photographs
- Passport database
- Visa application photos
- Mugshot databases
- Social media (documented but extent unclear)
Accuracy Concerns
Studies have documented:
- Higher false positive rates across racial/ethnic groups
- Particular concerns for darker-skinned individuals
- Limited testing on diverse populations
Implications for Communities
Risk Awareness
Understanding surveillance helps individuals:
- Make informed decisions about data sharing
- Understand potential exposure from everyday activities
- Assess risks of various digital and physical activities
Legal Advocacy
Attorneys can:
- Challenge evidence obtained through unconstitutional surveillance
- Request discovery on data sources
- Argue parallel construction if suspected
Policy Advocacy
Understanding these systems supports:
- Legislative efforts to close loopholes
- State-level data protection laws
- Oversight and transparency requirements
Related Resources
- Multi-Agency Coordination - Data sharing networks
- Civil Rights Protections - Constitutional frameworks
- Know Your Rights - Individual protections
- Digital Security - Protection strategies