July, 06 2011, 11:30am EDT
New Documents Reveal Behind-the-Scenes FBI Role in Controversial Secure Communities Deportation Program
FBI Views Secure Communities as First Step in “Next Generation Identification” (NGI) Surveillance Project to Amass Expansive Database of Personal Biometric Information
NEW YORK and WASHINGTON
Documents obtained through Freedom of Information Act (FOIA) litigation by the National Day Laborer Organizing Network (NDLON), the Center for Constitutional Rights (CCR), and the Cardozo Law School Immigration Justice Clinic show that the controversial Secure Communities deportation program (S-Comm), designed by Immigration and Customs Enforcement (ICE) to target people for deportation, is also a key component of a little-known FBI project to accumulate a massive store of personal biometric information on citizens and non-citizens alike.
According to the documents, S-Comm is "only the first of a number of biometric interoperability systems being brought online by the FBI 'Next Generation Identification' (NGI) project." NGI will expand the FBI's existing fingerprint database to add iris scans, palm prints, and facial recognition information for a wide range of people.
Jessica Karp of NDLON explained: "NGI is the next generation Big Brother. It's a backdoor route to a national ID, to be carried not in a wallet, but within the body itself. The FBI's biometric-based project is vulnerable to hackers and national security breaches and carries serious risks of identity theft. If your biometric identity is stolen or corrupted in NGI, it will be hard to fix. Unlike an identity card or pin code, biometrics are forever."
The misrepresentations ICE used to sell S-Comm to states have been well documented and are currently the subject of a DHS Office of the Inspector General investigation. But to date, the FBI's role in S-Comm has not been scrutinized, although the FBI has come under fire recently for adopting new, generalized policies that permit intrusive, suspicionless surveillance without adequate oversight.
Said Bridget Kessler of the Cardozo Law School Immigration Justice Clinic: "These documents provide a fascinating glimpse into the FBI's role in forcing S-Comm on states and localities. The FBI's desire to pave the way for the rest of the NGI project seems to have been a driving force in the policy decision to make S-Comm mandatory. But the documents also confirm that, both technologically and legally, S-Comm could have been voluntary."
Although the documents obtained raise many more questions than answers about the FBI's involvement in S-Comm and S-Comm's place in the broader NGI project, they do reveal the following key facts:
The CJIS Advisory Board, which oversees the FBI's criminal databases, passed a motion in June 2009 to recommend that the FBI convert S-Comm from a voluntary to a mandatory program at the local level. At that time - and as much as one year later - ICE was still representing S-Comm as voluntary to state and local officials.
The FBI's decision to support mandatory imposition of S-Comm was not driven by any legal mandate. In fact, the FBI considered making S-Comm voluntary, showing that it viewed opting out as both a technological possibility and a lawful option. The FBI chose the mandatory route not because of a statutory requirement, but for "record linking/maintenance purposes." In focusing on mundane record-keeping issues, the agency failed to weigh any of the considerations that have driven states and localities across the country to withdraw from S-Comm, including the program's impact on community policing, its association with an increased risk of racial profiling, and its failure to comply with its announced purpose of targeting dangerous criminals.
Both FBI and immigration officials have raised concerns internally that aspects of S-Comm may interfere with privacy and invade civil liberties. Notes from one meeting, for example, state that S-Comm "goes against privacy and civil liberties." In another series of emails, FBI officials raised concerns that state and local users of the FBI databases would be surprised to learn that the FBI was using their data to perform searches that the users had neither requested nor authorized.
DHS may be using S-Comm to gather and store data about U.S. citizens, too. One of the newly obtained documents indicates that US-VISIT, a component of DHS may have considered storing certain information about individuals in violation of their own internal requirements and privacy laws. This may include the retention of data about the lawful activities of even natural-born U.S. citizens.
Said Center for Constitutional Rights attorney Gitanjali Gutierrez, "These revelations should disturb us on multiple levels: the lies, the shadowy role of the FBI, the threats to citizens and non-citizens alike, and the rampant potential violations of civil liberties. This goes far beyond the irreparable S-Comm program and opens a window onto the dystopian future our government has planned. With so much at stake, this process must at all costs be transparent going forward."
To read our briefing guide, factsheet and related documents, please visit https://uncoverthetruth.org/foia-documents/foia-ngi/ngi-documents/. To read FOIA documents and information about the case NDLON v. ICE brought by CCR, the National Day Laborer Organizing Network and the Cardozo Law School Immigration Justice Clinic, visit CCR's legal case page.
The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. CCR is committed to the creative use of law as a positive force for social change.
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On Kent State Massacre Anniversary, Progressives Decry Repression of Student Protests
"The militarized repression of young people speaking out against a terrible war was shameful then and it's shameful now," said one state lawmaker.
May 04, 2024
As U.S. Republicans push for the deployment of National Guard troops to quell nationwide student demonstrations against the Gaza genocide, progressive lawmakers marked the anniversary of the 1970 Kent State Massacre by condemning police repression of peaceful protesters and reaffirming the power of dissent.
"On the 54th anniversary of the Kent State Massacre, students across our country are being brutalized for standing up to endless war," Congresswoman Cori Bush (D-Mo.) said on social media. "Our country must learn to actually uphold the rights of free speech and assembly upon which it was founded."
Fellow "Squad" member Rep. Ilhan Omar (D-Minn.) said that "54 years ago, the Ohio National Guard opened fire on unarmed students at Kent State."
"Students have a right to speak out, organize, and protest systemic wrongs," she added. "We can't silence those expressing dissent, no matter how uncomfortable their protests may be to those in power."
On May 4, 1970, 28 Ohio National Guard troops fired 67 live rounds into a crowd of unarmed Kent State students rallying against the expansion of the U.S.-led war in Vietnam into Cambodia. They murdered students Allison Krause, Jeffrey Glenn Miller, Sandra Lee Scheuer, and William Knox Schroeder—all aged 19 or 20. Nine other students were wounded, including one who was permanently paralyzed.
"The militarized repression of young people speaking out against a terrible war was shameful then and it's shameful now," New York state Assemblywoman Emily Gallagher (D-50) said on Saturday.
Protests against Israel's assault on Gaza—which according to Palestinian and international officials has killed, maimed, or left missing more than 123,000 Gazans—have spread to dozens of campuses across the U.S. and around the world. Police have been called in to break up protest encampments at numerous schools. Hundreds of students, faculty, and journalists have been arrested, sometimes violently.
At the University of California, Los Angeles (UCLA), police stood by this week as a pro-Israel mob attacked a campus protest encampment before officers arrested peaceful protesters and supporters.
As law enforcement officials have tried to justify the crackdown by claiming "outside agitators" are behind the protests, some observers noted historical parallels.
"Watching what is happening at UCLA," Virginia state Sen. Mamie Locke (D-2) said on social media. "Old enough to remember Kent State, Jackson State, South Carolina State, and the dog whistles of 'law and order,' 'outside agitators.' So reminiscent of 1968."
On February 8, 1968, police shot 31 students—most of them in the back—at a protest against Jim Crow segregation at South Carolina State University in Orangeburg, murdering three young Black men: Samuel Hammond Jr., Delano Middleton, and Henry Smith.
Eleven days after Kent State, police opened fire on a crowd of Black students protesting the bombing of Cambodia at Jackson State College in Jackson, Mississippi, killing Phillip Lafayette Gibbs and James Earl Green and injuring 12 others.
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While U.N. agencies have warned since March that famine was imminent in Gaza, McCain's remarks—which came during an interview with Kristen Welker that is scheduled to air on Sunday's edition of NBC News' "Meet the Press"—make her the most high-profile international official to date to publicly acknowledge a state of famine in parts of the Palestinian territory.
"It's horror," said McCain, who is American. "There is famine—full-blown famine—in the north, and it's moving its way south."
UN World Food Program @WFPChief: “There is famine — full-blown famine — in the north of Gaza, and it’s moving its way south.”
pic.twitter.com/eyk0OeOEzr
— Waleed Shahid 🪬 (@_waleedshahid) May 4, 2024
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According to Palestinian and international officials, Israel's 211-day assault on Gaza—which many experts including Israelis call genocidal—has killed or maimed more than 123,000 Palestinians since the Hamas-led October 7 attacks, including an estimated 11,000 people who are believed to be dead and buried beneath the ruins of the hundreds of thousands of destroyed or damaged homes and other buildings.
In addition to not allowing adequate humanitarian aid into Gaza, Israeli forces have also repeatedly attacked both aid workers and desperate civilians trying to access the lifesaving provisions.
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On Saturday, Hamas spokesperson Osman Hamdan said there have been "some forward steps" toward a cease-fire agreement during negotiations in Egypt. Egyptian mediators proposed a six-week cessation of hostilities, the release of an unspecified number of Israeli and international hostages, and a partial withdrawal of Israeli forces from Gaza.
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May 03, 2024
Republican Georgia Congressman Mike Collins came under fire Friday over a social media post applauding video of white University of Mississippi students racially abusing a Black woman participating in a campus protest for Palestine.
Collins posted the video—in which numerous people can be heard grunting like apes and one young man is seen jumping up and down like a monkey in front of the Black woman—with the caption, "Ole Miss taking care of business."
Collins—or whoever's in charge of his social media accounts—sparred with Black leaders who called out his racism. When former Democratic Ohio state senator Nina Turner said the video showed "anti-Blackness," the congressman shot back, "*Anti-terroristness."
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Around 30 protesters were rallying in support of Palestine in the Ole Miss Quad when counter-protesters gathered near the demonstrators. Some booed and chanted, "We want Trump!" Others singled out the Black woman—who NBC Newssaid is a graduate student at the school—chanting "Lizzo, Lizzo, Lizzo," "take a shower," "your nose is huge," "fuck you, fat bitch," and "lock her up!"
The counter-protesters also sang the "Star-Spangled Banner." Republican Mississippi Gov. Tate Reeves shared a separate video of the singing students on social media, captioning his post, "Warms my heart" and "I love Mississippi."
No racist language can be heard in the video shared by Reeves.
The Daily Mississippianreports the demonstrators were escorted off the Quad after counter-protesters threw water bottles at them.
Collins is no stranger to accusations of racism. Earlier this year, he suggested murdering migrants by throwing them from helicopters into the sea, in the manner of U.S.-backed South American dictators in the 1970s.
He also
introduced the Restricting Administration Zealots from Obliging Raiders (RAZOR) Act, which would ban the federal government from removing or altering "any state-constructed barriers installed to mitigate illegal immigration," such as the razor buoys installed in the Rio Grande by Republican Texas Gov. Greg Abbott.
Collins was also
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"We cannot comment specifically about that video, but the university is looking into reports about specific actions," the school added. "Any actions that violate university policy will be met with appropriate action."
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The Daily Mississippian. "So I would like to be on the right side."
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