US immigration surveillance program desperately needs reform

The Biden administration has been urged by Democratic lawmakers to reduce the number of immigrants subjected to a controversial US immigration surveillance program, while also calling for a rethink of the US government’s exclusive contract with the private company managing the program.

In a letter to the head of the US Department of Homeland Security (DHS), Alejandro Mayorkas, the group of Democratic lawmakers demanded ‘urgent changes to the intensive supervision appearance program (Isap)’ – an initiative introduced in 2004 as an alternative to US immigration detention.

According to the 25-strong group of Democratic lawmakers, led by Congresswoman Rashida Tlaib, the US immigration surveillance program is ‘punitive’ and often subjects immigrants to years of scrutiny. The lawmakers claim that the program has ‘failed to accomplish its stated purpose of reducing the number of immigrants in detention’.

Electronic monitoring

Instead, according to the lawmakers, immigrants who would otherwise be released are being subjected to electronic monitoring.

An excerpt from the letter states: “Between 2006 to 2021, Isap’s budget increased from $28m to $475m, while the detention budget increased from $1bn to $2.8bn.”

“US immigration authorities cannot reasonably call Isap an ‘alternative to detention’ if the program effectively subjects more immigrants to the agency’s supervision while it simultaneously expands formal detention programs,” the letter adds.

In a statement issued by Tlaib, she said: “People coming to America are simply seeking a chance at a better life just as countless others have before them, and want nothing more than a safe place to live and raise their families.”

BI Inc

The Isap program in its current format is managed on behalf of US Immigration and Customs Enforcement (ICE) by BI Inc – a subsidiary of the Geo Group, which is one of the largest US private prison corporations.

The program as it exists today allows immigrants to return home rather than remain detained having sought asylum in the US. However, they are assigned a ‘supervision regime’ by ICE.

The regime typically includes one of an electronic tag, facial recognition check-ins to a smartphone app or leaving voice messages to be analyzed by voice recognition software, according to ICE’s contract with BI.

It can also include a combination of weekly or semi-regular home or in-office visits. Meanwhile, those enrolled in such surveillance are often forced to remain in certain states or geographic locations. They are typically allowed to leave their home except on days when a home visit is scheduled.

182,000 immigrants enrolled

According to the most recent figures, approximately 182,000 immigrants are enrolled in the Isap program, which makes it the largest supervision program of any US law enforcement agency. However, the Biden administration has plans to expand the number of people that can be enrolled in the US immigration surveillance program.

Furthermore, Biden plans to test the addition of a new, stricter level of surveillance that would require immigrants enrolled in Isap to remain at home for at least 12 hours a day, according to a report published by Reuters.

It’s understood that the Biden administration would task BI Inc with the pilot program.

In their letter to Mayorkas, the lawmakers claimed that ICE is already ‘excessively deploying Isap surveillance. The letter said: “Ankle shackles, once a rarity, are now ‘standard equipment’. Individuals previously considered low risk such as family units, asylum seekers, or pregnant or nursing people are subjected to intensive supervision and for excessive periods of time.”

The lawmakers further claimed that the program has led to ‘extreme physical and mental damage’ for enrolled immigrants, while making it difficult for participants to integrate properly into American society.

DHS and ICE refuse to comment

The DHS and ICE have declined to comment on the state of Isap. Meanwhile, spokesperson for BI, Jessica Mazlum, said: “The claims made by the Democratic lawmakers are unverified, irresponsible and politically motivated.”

“The allegation that BI GPS devices are in any way physically unsafe for the individuals wearing them is blatantly false,” Ms Mazlum added.

Meanwhile, the lawmakers have raised concerns about the way BI collects and shares user data through Smartlink – the app that it requires immigrants to use – saying that its privacy policy is ‘overly broad’ and that ICE and BI should be more transparent about the data that they are collecting.

Julia Mao, the deputy director of the immigration rights organization Just Futures Law, said: “Without federal laws regulating the use of consumer information, that personal data could be used in other law enforcement contexts or sold to the highest bidder. We are concerned that some of this data could be shared and monetized.”

“We’re also concerned about the amount in which the mic, the camera, the contact list, photos, all of that could be accessed for uses outside of the temporal ICE check-in,” Ms Mao added.

Precedent for concerns

In the letter sent to Mayorkas, the lawmakers argued that there is precedent for their concerns, stating: “We already know that data collected from ankle shackles has been used to conduct enforcement and deportation operations.”

“This technology has the capability of surveilling not only the subject but also bystanders – including US citizens and individuals with legal status – raising further civil rights concerns and creating a potential for unwarranted surveillance of US residents without just cause, their knowledge or their consent,” the letter warned.

BI has referred all questions relating to privacy and data policies that govern Smartlink to ICE. In 2020, BI Inc signed a new, exclusive five-year deal with ICE worth $2.2bn to run Isap.

In their letter, lawmakers said: “As President Biden indicated earlier this year, private entities should not profit from incarceration. The same applies here – no private entity should profit from surveillance and e-carceration.”

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