ICE, CBP Knew Facial Recognition App Couldn’t Do What DHS Says It Could, Deployed It Anyway
from the fuck-everyone-but-us-policy-still-in-play dept
The DHS and its components want to find non-white people to deport by any means necessary. Of course, “necessary” is something that’s on a continually sliding scale with Trump back in office, which means everything (legal or not) is “necessary” if it can help White House advisor Stephen Miller hit his self-imposed 3,000 arrests per day goal.
As was reported last week, DHS components (ICE, CBP) are using a web app that supposedly can identify people and link them with citizenship documents. As has always been the case with DHS components (dating back to the Obama era), the rule of thumb is “deploy first, compile legally-required paperwork later.” The pattern has never changed. ICE, CBP, etc. acquire new tech, hand it out to agents, and much later — if ever — the agencies compile and publish their legally-required Privacy Impact Assessments (PIAs).
PIAs are supposed to precede deployments of new tech that might have an impact on privacy rights and other civil liberties. In almost every case, the tech has been deployed far ahead of the precedential paperwork.
As one would expect, the Trump administration was never going to be the one to ensure the paperwork arrived ahead of the deployment. As we covered recently, both ICE and CBP are using tech provided by NEC called “Mobile Fortify” to identify migrants who are possibly subject to removal, even though neither agency has bothered to publish a Privacy Impact Assessment.
As Wired reported, the app is being used widely by officers working with both agencies, despite both agencies making it clear they don’t have the proper paperwork in place to justify these deployments.
While CBP says there are “sufficient monitoring protocols” in place for the app, ICE says that the development of monitoring protocols is in progress, and that it will identify potential impacts during an AI impact assessment. According to guidance from the Office of Management and Budget, which was issued before the inventory says the app was deployed for either CBP or ICE, agencies are supposed to complete an AI impact assessment before deploying any high-impact use case. Both CBP and ICE say the app is “high-impact” and “deployed.”
While this is obviously concerning, it would be far less concerning if we weren’t dealing with an administration that has told immigration officers that they don’t need warrants to enter houses or effect arrests. And it would be insanely less concerning if we weren’t dealing with an administration that has claimed that simply observing or reporting on immigration enforcement efforts is an act of terrorism.
Officers working for the combined forces of bigotry d/b/a/ “immigration enforcement” know they’re safe. The Supreme Court has ensured they’re safe by making it impossible to sue federal officers. And the people running immigration-related agencies have made it clear they don’t even care if the ends justify the means.
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