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us immigration and customs enforcement
Democratic Lawmakers Demand Probe Into DHS Warrantless Location Tracking
“Location data is extremely sensitive, and can reveal someone’s religion, their political views, medical conditions, addictions, and with whom they spend time."
Mar 03, 2026
Over 70 Democratic US lawmakers on Tuesday demanded a new investigation into warrantless purchases of Americans' location data by Department of Homeland Security agencies—including Immigration and Customs Enforcement—which critics say violate the Fourth Amendment prohibition of unwarranted search and seizure.
In a letter to DHS Inspector General Joseph Cuffari, 72 congressional Democrats led by Sen. Ron Wyden (D-Ore.) and Rep. Adriano Espaillat (D-NY) wrote, "Public contracting documents indicate that Immigration and Customs Enforcement (ICE) recently resumed buying Americans’ location data from a shady data broker" after the agency "ended a previous program to purchase Americans’ cellphone location data in 2023, following an investigation by your office and scrutiny from Congress."
"Location data is extremely sensitive, and can reveal someone’s religion, their political views, medical conditions, addictions, and with whom they spend time," the lawmakers' letter states. "It is for that reason that ordinarily, the government must obtain a warrant from a judge in order to demand such data from phone or technology companies."
While the Fourth Amendment generally prohibits the government from searching or obtaining Americans' private information without a warrant, federal agencies have circumvented the proscription by buying sensitive personal data from private brokers.
"Public reports indicate that ICE has resumed its location data purchases, even though DHS has yet to adopt all of the recommendations from your prior review," the lawmakers noted in their letter.
The letter continues:
ICE issued a no-bid contract to the surveillance company PenLink in 2025, which included licenses for its location tracking product, Webloc, according to press reports. Webloc was developed by the controversial surveillance company Cobwebs Technologies, which was combined with Nebraska-based PenLink as part of a $200 million private equity deal in 2023. Cobwebs gained notoriety when Meta banned the company in 2021, as part of a crackdown on surveillance mercenaries after detecting the company’s customers targeting activists, opposition politicians, and government officials in Hong Kong and Mexico.
ICE is now stonewalling congressional oversight into its purchase of location data. Sen. Wyden’s office requested a briefing from ICE soon after this contract was revealed in the press, in October, which was scheduled in December, for February 10, 2026. One day before that briefing was to take place, ICE canceled it with no explanation and without any offer to reschedule.
"Given DHS’ failure to adopt a policy for the use of commercial data, coupled with ICE awarding a no-bid contract to a shady data broker that is likely violating federal law, we urge you to open another investigation into the purchase," the lawmakers wrote.
The letter asks:
- Whether ICE and other DHS components are purchasing illegally obtained location data about Americans;
- If so, why does DHS not have policies in place to prevent taxpayer dollars from going to contractors that have invaded Americans’ privacy in violation of federal law;
- How ICE and other DHS components have used location data and whether they have used it to investigate Americans for engaging in constitutionally protected activities, including protesting or monitoring ICE operations;
- Whether ICE and other DHS components are auditing employee access to commercial location data to identify likely patterns of abuse; and
- Why has DHS still not adopted a policy for the use of commercial location data, as you recommended in 2023?
As the Electronic Frontier Foundation (EFF) recently explained, ICE has spent $5 million on Webloc and Tangles, another location and social media surveillance product made by PenLink.
According to EFF:
Webloc gathers the locations of millions of phones by gathering data from mobile data brokers and linking it together with other information about users. Tangles is a social media surveillance tool which combines web scraping with access to social media application programming interfaces. These tools are able to build a dossier on anyone who has a public social media account. Tangles is able to link together a person’s posting history, posts, and comments containing keywords, location history, tags, social graph, and photos with those of their friends and family. PenLink then sells this information to law enforcement, allowing law enforcement to avoid the need for a warrant. This means ICE can look up historic and current locations of many people all across the US without ever having to get a warrant.
There have been several attempts to solidify restrictions on government purchase of Americans' personal data in recent years, most notably the Fourth Amendment Is Not for Sale Act (FANFSA), which failed to pass.
Last month, Sens. Dick Durbin (D-Ill.) and Mike Lee (R-Utah) introduced the Security and Freedom Enhancement Act, which would reauthorize Section 702 of the Foreign Intelligence Surveillance Act but is also intended to protect Americans from warrantless spying, including by closing the data broker loophole that lets law enforcement buy their way around the Fourth Amendment.
Also last month, Rep. Shontel Brown (D-Ohio) led 13 Democratic lawmakers who sent a separate letter to Homeland Security Secretary Kristi Noem seeking answers about ICE's use of PenLink surveillance technology "designed to collect and analyze cellphone location data across entire neighborhoods."
"Mass surveillance of entire communities or city blocks raises serious questions about data privacy and potential violations of civil liberties," Brown wrote.
"Americans should be able to trust their government to uphold the Constitution and respect fundamental rights," she added. "Instead, DHS appears to be engaging in broad surveillance practices to monitor entire communities, violating Americans’ fundamental civil rights and civil liberties to punish dissent and advance the president's cruel and unconstitutional mass deportation agenda."
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Trump Admin Sued Over 'Unlawful Warrantless Arrests' During North Carolina ICE Blitz
“I am a US citizen, but my papers did not protect me,” said one plaintiff. “I want to be involved in this case because I don’t want this to happen to anyone else."
Feb 24, 2026
A coalition of advocacy groups filed a lawsuit Tuesday "seeking to prevent a pattern of unlawful warrantless arrests in North Carolina that is harming communities" during the Trump administration's deadly crackdown on undocumented immigrants and their defenders.
Democracy Forward, the American Civil Liberties Union, the ACLU of North Carolina, and the Southern Coalition for Social Justice (SCSJ) sued the US Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP) on behalf of five individuals, including four American citizens and one legal US resident from El Salvador.
“I am a US citizen, but my papers did not protect me,” 46-year-old plaintiff Willy Aceituno said in a statement. “I want to be involved in this case because I don’t want this to happen to anyone else. I want to help protect my Latino family, friends, and neighbors.”
Another plaintiff, 23-year-old North Carolina native Yoshi Cuenca Villamar, said: “I have a lot of fear that this will happen to me again. I was essentially kidnapped based only on the color of my skin. That really weighs on me."
“I think it is important to take action through this case so that the government starts doing their jobs correctly instead of stopping people solely because they look a certain way," Cuenca added.
Democracy Forward said in a statement announcing the lawsuit: "In mid-November, the Trump-Vance administration accelerated its immigration crackdown across North Carolina during Operation Charlotte’s Web. Heavily armed, masked DHS agents, including ICE and CBP officers, roamed Charlotte, Durham, Raleigh, and other communities, detaining and arresting people indiscriminately without warrants or legal justification."
"Each plaintiff was arrested by DHS agents without probable cause to believe that they are legally removable from the country and that they pose a flight risk—determinations required under federal law for warrantless arrests," Democracy Forward continued.
The plaintiffs “represent a class of individuals who have been or will be subjected to warrantless immigration arrests by DHS in North Carolina, including arrests made without probable cause based on flight risk or removability," the group added. "They ask the federal court for the Western District of North Carolina to declare DHS’ mass warrantless arrest policy unlawful and to issue a permanent injunction blocking these unlawful practices.”
ACLU-NC staff attorney Corina Scott said in a statement Tuesday: “Federal immigration agents have consistently ignored the law and trampled civil rights in North Carolina. This lawsuit seeks to stop this abuse of power and demand accountability going forward so that our communities do not continue to suffer violent and unlawful arrests.”
We just filed the first class action lawsuit challenging unlawful warrantless immigration arrests in North Carolina amid the federal government's crackdown. Join us in calling for an end to ICE & CBP terror! https://rebrand.ly/iceout
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— ACLU of North Carolina (@aclunc.bsky.social) February 24, 2026 at 2:40 PM
Democracy Forward president and CEO Skye Perryman said that “when armed, masked agents are breaking car windows, handcuffing people without probable cause, and dumping them on the side of the road, that is not law enforcement, it is lawlessness."
"Congress was explicit: Warrantless immigration arrests require individualized probable cause to be proven," she noted. "That standard is not optional based on the whims of whoever is in the White House. [DHS] is carrying out mass arrests that disregard the limits that Congress imposed and the Constitution requires. Federal agencies do not have the authority to sweep up people in America—whether they are US citizens, lawful residents, or anyone else—without legal justification."
"This case is about restoring basic guardrails on government power and ensuring that federal officers follow the law they are sworn to uphold," Perryman added.
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'How Many Other Killings Are They Concealing?' ICE Shot Ruben Ray Martinez in Texas Last March
"Americans deserve immediate answers and an independent investigation of the shooting," said Congressman Greg Casar.
Feb 21, 2026
Demands for accountability are mounting after internal records revealed this week that an officer with Immigration and Customs Enforcement's Homeland Security Investigations fatally shot Ruben Ray Martinez, a 23-year-old US citizen, almost a year ago in South Padre Island, Texas.
"While Martinez's death was reported in local media at the time, the reports did not identify HSI involvement or disclose that a federal agent fired the shots through the driver-side window," Newsweek reported, citing publicly available information and records obtained by American Oversight through the Freedom of Information Act (FOIA).
"It shouldn't take 11 months and a FOIA lawsuit to learn that the government killed someone," American Oversight said on social media late Friday. Separately, the watchdog noted that "the details sound similar to the death of Renee Good," a 37-year-old US citizen and mother of three fatally shot by officer Jonathan Ross last month in Minneapolis, Minnesota.
Good's killing, and two Customs and Border Protection agents' subsequent fatal shooting of 37-year-old US citizen and nurse Alex Pretti in Minneapolis, have fueled outrage over President Donald Trump's mass deportation agenda, resulting in a congressional funding fight that has partially shut down the US Department of Homeland Security (DHS), which oversees both agencies.
ICE's internal report on the Texas shooting states that HSI agents were helping redirect traffic at the site of a major accident early on March 15, 2025. Martinez and his passengers aren't named, but the document claims that the driver of a blue four-door Ford "failed to follow instructions," including verbal commands to stop and exit the vehicle.
Instead, the driver "accelerated forward, striking a HSI special agent who wound up on the hood of the vehicle. Upon observing this, HSI group supervisory special agent utilized his government-issued service weapon, discharging multiple rounds at the driver through the open driver's side window," according to the ICE report—a version of events that a DHS spokesperson echoed in a Friday statement added to the Newsweek article, which was initially published Wednesday.
The DHS spokesperson also said that the incident remains under investigation by the Texas Department of Public Safety's Ranger Division, whose press secretary, Sheridan Nolen, confirmed that "this is still an active investigation by the Texas Rangers, and no other information is currently available."
Back in March LAST YEAR, ICE shot and killed a US citizen teenager through his car window, and it never admitted its role. ICE claims it was assisting traffic control (!?!) when the driver didn't follow its instructions. Fake cops. How many other killings are they concealing?
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— David Bier (@davidjbier.bsky.social) February 20, 2026 at 9:35 AM
Charles Stam, a lawyer for the Martinez family, told the New York Times that the 23-year-old was the driver in the ICE report. Stam and another attorney, Alex Stamm, also said in a statement that eyewitness accounts of the scene don't match the document.
"It is critical that there is a full and fair investigation into why HSI was present at the scene of a traffic collision and why a federal officer shot and killed a US citizen as he was trying to comply with instructions from the local law enforcement officers directing traffic," the lawyers said.
The Times also reached Martinez's mother, Rachel Reyes, who said her son worked at an Amazon warehouse in San Antonio and was out to celebrate his birthday. According to her: "He was a good kid. He doesn't have a criminal history... He never got in trouble. He was never violent."
Reyes challenged the federal government's narrative about her son, telling the newspaper: "What they're saying is different from what they told the family, so that's adding insult to injury... They are making it sound different. I don't appreciate their language."
In a Friday interview with the Texas Tribune, American Oversight executive director Chioma Chukwu also called out the government: "What they're telling the public is very different than what they're doing behind closed doors. The only reason why we're able to make these connections and really call into question the public statements that they're making to mislead the public is because we're able to get our hands on these documents... That should deeply concern everyone."
The revelations this week have generated concern. André Treiber, the Democratic National Committee's Youth Coordinating Council chair, wrote on social media Friday evening that "ICE murdered a Texan last March and we are only just learning about it now. They are once again offering the excuse that this was done in self-defense, but forgive me if I am extremely skeptical after they've been caught lying about that exact same thing multiple times already."
Another death. Another truth coming out late. Another failure of accountability.Ruben Martinez should still be alive.ICE has killed multiple people, and we're still uncovering cases after the fact. This is what unchecked power looks like. It must stop.
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— MoveOn (@moveon.org) February 20, 2026 at 12:45 PM
Federal lawmakers also sounded the alarm on Friday. Congressional Progressive Caucus Chair Greg Casar (D-Texas) declared that "Americans deserve immediate answers and an independent investigation of the shooting." Another Texas Democrat, Congressman Joaquin Castro, similarly called for "a full investigation," including into the monthslong "cover-up."
US Rep. Delia Ramirez (D-Ill.), whose Chicagoland district has also faced a recent ICE invasion, pointed to other deaths tied to the agency, including those of Silverio Villegas Gonzalez, who was shot by ICE in the Chicago suburb of Franklin Park last September; Keith Porter Jr., who was shot by an off-duty agent on New Year's Eve in Los Angeles, California; and Linda Davis, a special education teacher in Savannah, Georgia, who was killed in a Monday car crash that involved a man fleeing ICE.
"For a whole year, DHS hid that they murdered Ruben, a young man in Texas, after a traffic stop. Just like they did with Silverio, Renee, Keith, Alex, and Linda, they lied and avoided accountability," said Ramirez, who supports abolishing ICE. "How many more people have to be executed before my colleagues realize that reforms are not enough?"
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