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"An ICE officer may ignore evidence of American citizenship—including a birth certificate—if the app says the person is an alien," said the ranking member of the House Homeland Security Committee.
Immigration agents are using facial recognition software as "definitive" evidence to determine immigration status and is collecting data from US citizens without their consent. In some cases, agents may detain US citizens, including ones who can provide their birth certificates, if the app says they are in the country illegally.
These are a few of the findings from a series of articles published this past week by 404 Media, which has obtained documents and video evidence showing that Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) agents are using a smartphone app in the field during immigration stops, scanning the faces of people on the street to verify their citizenship.
The report found that agents frequently conduct stops that "seem to have little justification beyond the color of someone’s skin... then look up more information on that person, including their identity and potentially their immigration status."
While it is not clear what application the agencies are using, 404 previously reported that ICE is using an app called Mobile Fortify that allows ICE to simply point a camera at a person on the street. The photos are then compared with a bank of more than 200 million images and dozens of government databases to determine info about the person, including their name, date of birth, nationality, and information about their immigration status.
On Friday, 404 published an internal document from the Department of Homeland Security (DHS) which stated that "ICE does not provide the opportunity for individuals to decline or consent to the collection and use of biometric data/photograph collection." The document also states that the image of any face that agents scan, including those of US citizens, will be stored for 15 years.
The outlet identified several videos that have been posted to social media of immigration officials using the technology.
In one, taken in Chicago, armed agents in sunglasses and face coverings are shown accosting a pair of Hispanic teenagers on bicycles, asking where they are from. The 16-year-old boy who filmed the encounter said he is "from here"—an American citizen—but that he only has a school ID on him. The officer tells the boy he'll be allowed to leave if he'll "do a facial." The other officer then snaps a photo of him with a phone camera and asks his name.
In another video, also in Chicago, agents are shown surrounding a driver, who declines to show his ID. Without asking, one officer points his phone at the man. "I’m an American citizen, so leave me alone,” the driver says. "Alright, we just got to verify that,” the officer responds.
Even if the people approached in these videos had produced identification proving their citizenship, there's no guarantee that agents would have accepted it, especially if the app gave them information to the contrary.
On Wednesday, ranking member of the House Homeland Security Committee, Rep. Bennie Thompson (D-Miss.), told 404 that ICE agents will even trust the app's results over a person's government documents.
“ICE officials have told us that an apparent biometric match by Mobile Fortify is a ‘definitive’ determination of a person’s status and that an ICE officer may ignore evidence of American citizenship—including a birth certificate—if the app says the person is an alien,” he said.
This is despite the fact that, as Nathan Freed Wessler, deputy director of the ACLU's Speech, Privacy, and Technology Project, told 404, “face recognition technology is notoriously unreliable, frequently generating false matches and resulting in a number of known wrongful arrests across the country."
Thompson said: "ICE using a mobile biometrics app in ways its developers at CBP never intended or tested is a frightening, repugnant, and unconstitutional attack on Americans’ rights and freedoms.”
According to an investigation published in October by ProPublica, more than 170 US citizens have been detained by immigration agents, often in squalid conditions, since President Donald Trump returned to office in January. In many of these cases, these individuals have been detained because agents wrongly claimed the documents proving their citizenship are false.
During a press conference this week, Homeland Security Secretary Kristi Noem denied this reality, stating that "no American citizens have been arrested or detained" as part of Trump's "mass deportation" crusade.
"We focus on those who are here illegally," she said.
But as DHS's internal document explains, facial recognition software is necessary in the first place because "ICE agents do not know an individual's citizenship at the time of the initial encounter."
David Bier, the director of immigration studies at the Cato Institute, explains that the use of such technology suggests that ICE's operations are not "highly targeted raids," as it likes to portray, but instead "random fishing expeditions."
The man has been charged with one misdemeanor count of driving under the influence and two felony counts of reckless child endangerment.
Newly released body camera footage shows a Florida man claiming to be a federal immigration enforcement official racially profiling a police officer who pulled him over on the highway for drunk driving.
The footage, which was published on Thursday by YouTube account "The CrimePiece," shows the arrest of 42-year-old Miami resident Scott Thomas Deiseroth, who was pulled over by officers from the Monroe County Sheriff's Office on August 13.
The footage begins with the officer who pulled Deiseroth over asking him for his identification and asking him if he knew his current location.
Deiseroth reacted belligerently to the officer's questions and told him that he was a federal agent who worked for the Department of Homeland Security. As reported by local news station CBS 12, the Monroe County Sheriff's Office website at one point listed his occupation as an Immigration and Customs Enforcement (ICE) officer.
Deiseroth also told the officer that he was simply trying to get home and informed him that he had his two young sons with him riding in the backseat.
The officer then asked Deiseroth to step out of his car, to which Deiseroth replied, "Are you fucking serious right now?"
After exiting the vehicle, Deiseroth continued to exhibit hostility to the officer's questions, and he repeatedly demanded to know, "Are we really doing this right now?"
The officer then asked him how much he'd had to drink, and Deiseroth replied that he'd had four drinks, without specifying the nature of those drinks.
"Are you guys really trying to fuck me right now?" Deiseroth asked.
The officer informed Deiseroth that he could smell alcohol on him and he wanted to ensure that he was capable of safely driving his vehicle home.
The officer proceeded to administer field sobriety tests. During the tests, another officer came over to ensure that Deiseroth did not stumble while trying to walk a straight line along the side of a busy highway.
Deiseroth then questioned why the second officer, who was Black, was there, and the officer informed him that it was to prevent him from getting hit by oncoming traffic.
Deiseroth responded by repeatedly asking the officer, "Are you Haitian?"
Deiseroth was then informed by the officer administering the sobriety test that "it doesn't matter" where the other officer was from or his heritage.
"Yes it does," Deiseroth replied.
After failing the sobriety tests, Deiseroth was placed in handcuffs and informed that he was being placed under arrest. He then pleaded with the officers to not take him to prison and asked what they were going to do with his two children.
Later, after Deiseroth had been placed in the back of a police car, the officers informed him that his sons' mother—with whom Deiseroth had said earlier he was going through a divorce—would pick up the two children at the police station.
He repeatedly demanded that he be allowed to see his children before being taken to the police station, but the officers did not grant his request.
"Let me see my kids!" he demanded at one point.
"Brother, I really do not want them to see you in the way you're in right now," the officer replied.
Records at the Monroe County Sheriff's Office show that Deiseroth was subsequently charged with one misdemeanor count of driving under the influence and two felony counts of reckless child endangerment.
A request to the Florida State Attorney's Office in Monroe County to confirm Deiseroth's employment status at the time of the arrest was not returned by press time. The criminal case is pending.
"Americans have been dragged, tackled, beaten, tased, and shot by immigration agents," the investigation found.
More than 170 US citizens have been detained by immigration agents against their will since President Donald Trump returned to office in January, according to a new investigation by ProPublica.
The reporters examined every publicly available case they could find in which citizens were detained by immigration officers.
"Americans have been dragged, tackled, beaten, tased, and shot by immigration agents," they wrote in the report published Thursday. "They've had their necks kneeled on. They've been held outside in the rain while in their underwear. At least three citizens were pregnant when agents detained them. One of those women had already had the door of her home blown off while Department of Homeland Security Secretary Kristi Noem watched."
"About two dozen Americans have said they were held for more than a day without being able to phone lawyers or loved ones," continued the report.
The findings fly in the face of Supreme Court Justice Brett Kavanaugh's recent assertion, in a ruling that allowed the Trump administration to use racial profiling to carry out its mass deportation agenda in Los Angeles, that "if the officers learn that the individual they stopped is a US citizen or otherwise lawfully in the United States, they promptly let the individual go."
Video evidence from Los Angeles has shown immigration officials carrying out what appear to be large, indiscriminate roundups of random groups of Latino people.
Meanwhile, Border Patrol commander Gregory Bovino, who has been at the helm of Trump's "Operation Midway Blitz" in Chicago, has acknowledged in an interview with a local news station that immigration enforcement decides whether to detain people based on "how they look," and suggested that the white reporter interviewing him would be less likely to be detained.
ProPublica's report bolsters the accusation that the administration is carrying out explicit racial profiling. The investigation found more than 50 Americans who were held after agents questioned their citizenship, almost all of whom were Latino.
And while immigration officials are allowed to arrest citizens who obstruct their operations or assault officers, it found that the 130 cases in which Americans were accused of doing so "often wilted under scrutiny." In nearly 50, it said, charges were never filed or the cases were dismissed, while only a small number have pleaded guilty, mostly to misdemeanors.
Citizens who have been detained have often faced severe mistreatment at the hands of officers:
Among the detentions in which allegations have not stuck, masked agents pointed a gun at, pepper sprayed, and punched a young man who had filmed them searching for his relative.
In another, agents knocked over and then tackled a 79-year-old car wash owner, pressing their knees into his neck and back. His lawyer said he was held for 12 hours and wasn't given medical attention despite having broken ribs in the incident and having recently had heart surgery.
In a third case, agents grabbed and handcuffed a woman on her way to work who was caught up in a chaotic raid on street vendors. In a complaint filed against the government, she described being held for more than two days, without being allowed to contact the outside world for much of that time. (The Supreme Court has ruled that two days is generally the longest federal officials can hold Americans without charges.)
The investigation also found that at least 20 of the detained US citizens were children, including two with cancer. Another four were held, with their undocumented mother, for weeks without access to a lawyer. They were released following the intervention of Rep. Maxine Dexter (D-Ore.), but still remain without their mother, who has not been accused of a crime.
In many cases, agents were found to have ignored proof of citizenship. In one case, they tackled an Alabama construction worker, Leonardo Garcia Venegas, to the ground even as he shouted that he was a citizen. When officers took out his REAL ID, which Alabama only issues to US citizens, they dismissed it as fake and held Garcia in handcuffs for over an hour. Agents later detained him a second time and dismissed his REAL ID again, while also holding two other workers with legal status.
Rep. Pramila Jayapal (D-Wash.) called ProPublica's report "absolutely shocking."
" ICE does not have the authority to detain US citizens during immigration enforcement—full stop," she said. "The Trump administration is out of control, violating the rights of American citizens. They must be held accountable."
ProPublica's investigation focused on the detention of US citizens, but Kavanaugh's contention that legal immigrants are also "promptly released" is also flagrantly untrue. While there has not been a comprehensive effort to aggregate the number of green-card or visa holders detained or deported, there have been numerous documented cases of them falling into the grasp of immigration enforcement without any clear justification.
Earlier this week, the BBC reported that 48-year-old Paramjit Singh, a green-card holder who has a brain tumor and a heart condition, has been in ICE detention for over two months and has been denied the medical care he needs, despite there being no active cases against him. Another green-card holder in Kentucky, Vicente Castillo Flores, who has lived in the US for over 30 years, was detained by ICE earlier this month at a toll booth despite showing agents his work visa. According to Newsweek, the agency has not provided a reason for why he was detained despite his legal status.
The ProPublica reporters noted that their investigation was undertaken because "the government does not track how often immigration agents hold Americans." They said the number of US citizens held in detention was likely even higher than what they reported.
Their report is the latest in a long line of reports that have revealed an extraordinary lack of accountability and transparency for ICE and Trump's immigration enforcement agenda, which has mainly gone after people without criminal records despite Trump's claims to the contrary.
Last month, an investigation from the Miami Herald found that over 1,000 detainees held at Florida's 'Alligator Alcatraz' detention facility had mysteriously vanished, with no record of where they went, leading the Florida Immigrant Coalition to describe it as "an extrajudicial black site."
Three individuals have died in ICE custody just over the past two weeks, bringing the total number up to 23 this year, the highest number in 20 years.
Sen. Patty Murray (D-Wash.) called ProPublica's report "an outrage."
"Every single Republican needs to answer for this," she said. "We can't let this administration sweep this kind of gross abuse of power under the rug."