ICE Doesn’t Need a Warrant to Spy on You

The Supreme Court ruled the government needs a warrant to get your location data. But ICE is getting warrantless access anyway. The marriage of private data gathering and immigration enforcement is looking alarmingly like a surveillance state.

ICE Agents Detain Suspected Undocumented Immigrants In Raids

Big Tech and US immigration enforcement are joining hands to spy on you without a warrant. (John Moore / Getty Images)


As the economy deteriorates and the foundations of American democracy seem to crack, a different, largely ignored subplot is unfolding in the background: big tech and US immigration enforcement joining hands to spy on you without a warrant.

Typically, a law enforcement agency has to get a warrant to dig up and look over the intimate, private details of someone’s life, lowering the chances that this power is abused. But not so for Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and other arms of the Department of Homeland Security (DHS): by paying for access to the massive troves of data that our devices, browsers, apps, and more collect and sell to for-profit data brokers, DHS has its hands on a vast swath of information about Americans’ private comings and goings.

In this case, it’s the geolocation data that our phones are constantly pinging around, sometimes with our permission, sometimes not. Specifically, one major data broker DHS has partnered with collected over a mere three-day period in 2018 a whopping 113,654 location points, or more than twenty-six each minute, according to the ACLU’s analysis of the thousands of government documents it got as a result of a Freedom of Information Act lawsuit. That broker, Venntel, boasted to the DHS in marketing materials that, over the course of a day, it swept up more than 15 billion location points from more than 250 million mobile devices.

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