After 25 Years, 9/11 Continues to Shape How America Polices Immigration
For a quarter century, America has treated immigration enforcement as a form of counterterrorism. Yet, instead of making us safer, it has given rise to an increasingly militarized agency that, in the name of protecting ‘the homeland,’ uses its vast surveillance network and policing powers to target and kill innocent people.
Since the start of its second term, the Trump administration has repeatedly defended Immigration and Customs Enforcement shootings and killings, smeared their victims as “domestic terrorists,” racially profiled people with the Supreme Court’s consent, expanded their biometric and social media surveillance capabilities while also maintaining over a dozen “secret and obscure” watchlists. It is effectively dismantling the Deferred Action for Childhood Arrivals program, tried—and is trying again—to repeal birthright citizenship, paused all immigrant visa applications, and is aggressively pursuing politically motivated visa revocations and denaturalizations, among other extreme measures.
All of this is reflective of the rampant and unfettered xenophobia, Islamophobia, and white nationalism that define the Trump administration. Yet, at same time, we must also acknowledge that Immigration and Custom Enforcement’s (ICE) violence and Trump’s assault on the immigration system is an extension of the national security framework built following the 9/11 attacks.
ICE was established in March 2003 as part of “the single-largest government reorganization since the creation of the Department of Defense.” A key rationale for including ICE within the newly created Department of Homeland Security (DHS) was that the 9/11 hijackers entered the US legally via temporary visas. To keep “the homeland” safe, a more aggressive approach to immigration was thus deemed necessary. As Attorney General John Ashcroft remarked in 2002:
In this new war, our enemy's platoons infiltrate our borders, quietly blending in with visiting tourists, students, and workers. They move unnoticed through our cities, neighborhoods, and public spaces. They wear no uniforms. Their camouflage is not forest green, but rather it is the color of common street clothing. Their tactics rely on evading recognition at the border and escaping detection within the United States. Their terrorist mission is to defeat America, destroy our values, and kill innocent people.
Going forward, immigration enforcement and control agencies would police and surveil every immigrant as if they were potential terrorists. As the Department of Justice (DOJ) emphasized in 2004, “The primary mission of ICE is to prevent acts of terrorism by targeting the people, money, and materials that support terrorists and criminal activities.”
In the name of counterterrorism, the DOJ launched the National Security Entry-Exit Registration System (NSEERS) in 2002. Under this program, male foreign nationals aged 16 or older from 25 countries—24 of which were majority-Arab and Muslim (the other was North Korea)—were fingerprinted, interviewed, photographed, and required to check in with immigration officials at regular intervals. These regulations applied to both new arrivals and individuals who were already in the US on temporary visas. NSEERS was suspended in 2011 and finally terminated in 2016 by President Barack Obama—it led to no terrorism prosecutions.
Despite its failure, NSEERS, alongside other measures and decades of Republican fearmongering, functioned to normalize the link between immigration enforcement, border control, and counterterrorism. In doing so, it amplified the alleged danger posed by “radical Islamic terrorism,” thus setting the stage for the Trump administration’s relentless attacks on Muslims. This, in turn, served to distract from the far greater and actual domestic terrorism threat posed by white supremacist groups. As a report by the US Senate Committee on Homeland Security & Governmental Affairs noted, “In 2019, DHS publicly acknowledged white supremacist violence as a major threat to national security for the first time, despite being aware internally of the severity of the threat for 10 years.”
In our desperation to prevent another 9/11, we have spent billions building our own homegrown domestic terrorism threat.
The goal of combating terrorism also promoted a demand for more biometric technologies. As Sen. Dianne Feinstein (D-Calif.) noted in 2001, the reason why “a large group of coordinated terrorists [could] operate for more than a year in the United States without being detected” is because “we could not identify them. We did not know they were here. Only if we can identify terrorists planning attacks on the United States do we have a chance of stopping them. And the biometrics technology, the state-of-the-art technology of today, really offers us a very new way to identify potential terrorists.”
To that end, DHS established the US Visitor and Immigrant Status Indicator Technology (US-VISIT) program in 2003 to collect biometric identifiers from foreign nationals and build an electronic check in-check out system. As Undersecretary for Border and Transportation Security at DHS Asa Hutchinson remarked in 2003, “initially, fingerprints and photographs” will be used; however, “as the technology is perfected, additional forms such as facial recognition or iris scans may be used as well.”
Fast forward two decades and now, ICE agents are currently deploying facial recognition software such as Mobile Fortify. In May 2026, ICE awarded a $25.1 million contract to BI2 Technologies to acquire over 1,500 wireless, handheld iris-scanning devices. In its fiscal year 2027 budget request, DHS allocated $7.5 million to develop face-scanning “smart glasses” that would grant agents real-time access to biometric databases.
Now, importantly, none of this should be taken to mean that the pre-9/11 landscape was entirely welcoming to immigrants. The “browning of America” discourse depicted—and continues to depict—immigrants as an existential threat to the nation. Meanwhile immigration policies like the Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA) of 1996 expanded the number of deportable offenses while also introducing expedited removal processes that allowed immigration officers to deport people without a formal hearing.
And yet, there were a few rays of hope. There was broad support for the Development, Relief, and Education for Alien Minors (DREAM) Act, with a Senate hearing scheduled for September 12, 2001. On September 6, 2001, the US and Mexico announced they had reached an agreement on a framework for border and immigration reform that included “respecting the human dignity of all migrants, regardless of their status; recognizing the contribution migrants make to enriching both societies.” At the time, both President George W. Bush and President Vincente Fox “agreed that US-Mexican relations have entered their most promising moment in history.” Then 9/11 happened, and everything changed.
For 25 years, America has treated immigration enforcement as a form of counterterrorism. Yet, instead of making us safer, it has given rise to an increasingly militarized agency that, in the name of protecting “the homeland,” uses its vast surveillance network and policing powers to target and kill innocent people. In our desperation to prevent another 9/11, we have spent billions building our own homegrown domestic terrorism threat.
After 25 years, we must finally recognize that DHS and ICE were never the solution. If we truly wish to make America safer and greater, we must choose to forge a new path—to work toward a world without war, resentment, and violence.
