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Democrats demand ‘dramatic changes’ for ICE regarding masks, cameras, warrants

Democrats are threatening to block funding for the Homeland Security Department when it expires in two weeks unless there are “dramatic changes” and “real accountability” for U.S. Immigration and Customs Enforcement and other law enforcement agencies carrying out President Trump’s campaign of federal immigration enforcement in Minnesota and across the country.

Congress is discussing potential new rules for ICE and U.S. Customs and Border Protection after officers shot and killed two people in Minneapolis in January. Senate Democratic leader Chuck Schumer and House Democratic leader Hakeem Jeffries reiterated their party’s demands on Wednesday, with Schumer telling reporters that Congress must “rein in ICE in very serious ways, and end the violence.”

Democrats are “drawing a line in the sand” as Republicans need their votes to continue the funding, Jeffries said.

The negotiations come amid some bipartisan sentiment that Congress should step in to de-escalate tensions over the enforcement operations that have rocked Minnesota and other states. But finding real agreement in such a short time will be difficult, if not “an impossibility,” Senate Majority Leader John Thune (R-S.D.) said Tuesday.

Trump last week agreed to a Democratic request that funding for Homeland Security be separated from a larger spending bill and extended at current levels for two weeks while the two parties discuss possible requirements for the federal agents. House Speaker Mike Johnson (R-La.) said this weekend that he was at the White House when Trump spoke with Schumer and that they were “on the path to get agreement.”

But it’s unclear whether the president or enough congressional Republicans will agree to any of the Democrats’ larger demands that the officers unmask and identify themselves, obtain judicial warrants in certain cases and work with local authorities, among other asks. Republicans have already pushed back.

And House GOP lawmakers are demanding that some of their own priorities be added to the Homeland Security spending bill, including legislation that would require proof of citizenship before Americans register to vote. Sen. Lindsey Graham of South Carolina and other Republican senators are pushing for restrictions on sanctuary cities that they say don’t do enough to crack down on illegal immigration. There’s no clear definition of sanctuary jurisdictions, but the term is generally applied to state and local governments that limit cooperation with federal immigration authorities.

It’s also uncertain whether Democrats who are furious over the Trump administration’s increasingly aggressive immigration enforcement operations would be willing to compromise.

“Republicans need to get serious,” Schumer, a New York Democrat, said, adding that they will propose “tough, strong legislation” in the next day.

A look at Democrats’ demands and what Republicans are saying about them:

Agreement on body cameras

Republicans say they are open to officer-worn body cameras, a change that was already in the underlying Homeland Security spending bill. Homeland Security Secretary Kristi Noem backed that up on Monday when she ordered body-worn cameras to be issued to every DHS officer on the ground in Minneapolis, including those from ICE. She said the policy would expand nationwide as funding becomes available.

The bill already directed $20 million to outfit immigration enforcement agents with body-worn cameras.

Gil Kerlikowske, who served as commissioner of U.S. Customs and Border Protection from 2014 to 2017, said that most agents are “very supportive” of cameras because they could help exonerate officers. But he added that complex questions remain, including when footage should be released and when cameras must be activated.

“When do you turn it on? And if you got into a problem and didn’t have it on, are you going to be disciplined? It’s really pretty complex,” he said.

Schumer said Tuesday that the body cameras “need to stay on.”

Disagreement on masking

As videos and photos of aggressive immigration tactics and high-profile shootings circulate nationwide, agents covering their faces with masks has become a flash point. Democrats argue that removing the masks would increase accountability. Republicans warn it could expose agents to harassment and threats.

“State law enforcement, local folks don’t do it,” said Rep. Bennie Thompson, the top Democrat on the Committee for Homeland Security. “I mean, what’s so special about an ICE law enforcement agency that they have to wear a mask?”

But Republicans appear unlikely to agree.

“Unlike your local law enforcement in your hometown, ICE agents are being doxed and targeted. We have evidence of that,” Johnson said on Tuesday. He added that if you “unmask them and you put all their identifying information on their uniform, they will obviously be targeted.”

Immigration officers are already required to identify themselves “as soon as it is practical and safe to do so,” according to federal regulations. ICE officials insist those rules are being followed.

Critics, however, question how closely officers adhere to the regulations.

“We just see routinely that that’s not happening,” said Nithya Nathan Pineau, a policy attorney with the Immigrant Legal Resource Center.

Judicial vs. administrative warrants

Democrats have also demanded stricter use of judicial warrants and an end to roving patrols of agents who are targeting people in the streets and in their homes. Schumer said Tuesday that they want “arrest warrants and an end to racial profiling.”

Most immigration arrests are carried out under administrative warrants, internal documents issued by immigration authorities that authorize the arrest of a specific person but do not permit officers to forcibly enter private homes or other nonpublic spaces without consent. Traditionally, only warrants signed by judges carry that authority.

But an internal ICE memo obtained by the Associated Press last month authorizes ICE officers to use force to enter a residence based solely on a more narrow administrative warrant to arrest someone with a final order of removal, a move that advocates say collides with 4th Amendment protections.

Democrats have not made clear how broadly they want judicial warrants used. Jeffries of New York said that Democrats want to see “an end to the targeting of sensitive locations like houses of worship, schools and hospitals.”

Johnson said Tuesday that Democrats are trying to “add an entirely new layer” by seeking warrants signed by a judge rather than the administrative warrants that are signed by the department. “We can’t do that,” he said.

The speaker has said that an end to roving patrols is a potential area of agreement, but he did not give details.

Code of conduct and more accountability

Democrats have also called for a uniform code of conduct for all ICE and federal agents similar to that for state and local law enforcement officers.

Federal officials blocked state investigators from accessing evidence after Renee Good was shot and killed by an ICE agent on Jan. 7. Gov. Tim Walz, a Democrat, demanded that the state be allowed to take part, saying that it would be “very difficult for Minnesotans” to accept that an investigation excluding the state could be fair.

Hoping for a miracle

Any deal Democrats strike on the Department of Homeland Security is unlikely to satisfy everyone in the party. Rep. Ayanna Pressley of Massachusetts said she would never support an agreement that didn’t require unmasking.

“I ran for Congress in 2018 on abolish ICE,” Pressley said. “My position has not changed.”

Thune, of South Dakota, has repeatedly said it’s an “impossibility” to negotiate and pass something so complicated in two weeks. He said any talks should be between Democrats and Trump.

“I don’t think it’s very realistic,” Thune said Tuesday about finding quick agreement. “But there’s always miracles, right?”

Jalonick and Cappelletti write for the Associated Press. AP writer Rebecca Santana contributed to this report.

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Homeland Security ramps up surveillance in immigration raids, sweeping in citizens

Luis Martinez was on his way to work on a frigid Minneapolis morning when federal agents suddenly boxed him in, forcing the SUV he was driving to a dead stop in the middle of the street.

Masked agents rapped on the window, demanding Martinez produce his ID. Then one held his cellphone inches from Martinez’s face and scanned his features, capturing the shape of his eyes, the curves of his lips, the exact quadrants of his cheeks.

All the while, the agent kept asking: Are you a U.S. citizen?

The encounter in a Minneapolis suburb this week captures the tactics on display in the Trump administration’s immigration crackdown in Minnesota, which it describes as the largest of its kind and one that has drawn national scrutiny after federal agents shot and killed two U.S. citizens this month.

Across Minnesota and other states where the Department of Homeland Security has surged personnel, officials say enforcement efforts are targeted and focused on serious offenders. But photographs, videos and internal documents paint a different picture, showing agents leaning heavily on biometric surveillance and vast, interconnected databases — highlighting how a sprawling digital surveillance apparatus has become central to the Trump administration’s immigration crackdown.

Civil liberties experts warn the expanding use of those systems risks sweeping up citizens and noncitizens alike, often with little transparency or meaningful oversight.

Over the past year, Homeland Security and other federal agencies have dramatically expanded their ability to collect, share and analyze people’s personal data, thanks to a web of agreements with local, state, federal and international agencies, plus contracts with technology companies and data brokers. The databases include immigration and travel records, facial images and information drawn from vehicle databases.

In Martinez’s case, the face scan didn’t find a match and it wasn’t until he produced his U.S. passport, which he said he carried for fear of such an encounter, that federal agents let him go.

“I had been telling people that here in Minnesota it’s like a paradise for everybody, all the cultures are free here,” he said. “But now people are running out of the state because of everything that is happening. It’s terrifying. It’s not safe anymore.”

Together with other government surveillance data and systems, federal authorities can now monitor American cities at a scale that would have been difficult to imagine just a few years ago, advocates say. Agents can identify people on the street through facial recognition, trace their movements through license-plate readers and, in some cases, use commercially available phone-location data to reconstruct daily routines and associations.

When asked by the Associated Press about its expanding use of surveillance tools, the Department of Homeland Security said it would not disclose law enforcement sensitive methods.

“Employing various forms of technology in support of investigations and law enforcement activities aids in the arrest of criminal gang members, child sex offenders, murderers, drug dealers, identity thieves and more, all while respecting civil liberties and privacy interests,” it said.

Dan Herman, a former Customs and Border Protection senior advisor in the Biden administration who now works at the Center for American Progress, said the government’s access to facial recognition, other personal data and surveillance systems poses a threat to people’s privacy rights and civil liberties without adequate checks.

“They have access to a tremendous amount of trade, travel, immigration and screening data. That’s a significant and valuable national security asset, but there’s a concern about the potential for abuse,” Herman said. “Everyone should be very concerned about the potential that this data could be weaponized for improper purposes.”

Facial recognition

On Wednesday, Homeland Security disclosed online that it has been using a facial recognition app, Mobile Fortify, that it said uses “trusted source photos” to compare scans of people’s faces that agents take to verify their identity. The app, which Customs and Border Protection said is made by the vendor NEC, uses facial comparison or fingerprint-matching systems.

The app was in operation for CBP and ICE before the immigration crackdown in the Los Angeles area in June, when website 404Media first reported its existence.

In interactions observed by reporters and videos posted online, federal agents are rarely seen asking for consent before holding their cellphones to people’s faces, and in some clips they continue scanning even after someone objects.

In two instances seen by an AP journalist near Columbia Heights, Minn., where immigration officials recently detained a 5-year-old boy and his father, masked agents held their phones a foot away from people’s faces to capture their biometric details.

The technology resembles facial recognition systems used at airports, but unlike airport screenings, where travelers are typically notified and can sometimes opt out, Martinez said he was given no choice.

According to a lawsuit filed against the department by the state of Illinois and the city of Chicago this month, Homeland Security has used Mobile Fortify in the field more than 100,000 times. The Department of Homeland Security told AP that Mobile Fortify supports “accurate identity and immigration-status verification during enforcement operations. It operates with a deliberately high-matching threshold,” and uses only some immigration data.

Without federal guidelines for the use of facial recognition tools, the U.S. Commission on Civil Rights warned in a September 2024 report their deployment raises concerns about accuracy, oversight, transparency, discrimination and access to justice.

Body-camera footage

Last year, the Trump administration scaled back a program to give Immigration and Customs Enforcement officials body cameras, but administration officials said some agents tied to the fatal shooting of Minneapolis ICU nurse Alex Pretti were wearing them and that footage is now being reviewed.

Gregory Bovino, who was the administration’s top Border Patrol official charged with the immigration crackdown in Minneapolis until Monday, began wearing a bodycam in response to a judge’s order late last year.

Body-camera video could help clarify events surrounding federal agents’ killing of Pretti, who was filming immigration agents with his cellphone when they shot him in the back.

Administration officials shifted their tone after independent video footage emerged raising serious questions about some Trump officials’ accusations that Pretti intended to harm agents.

Emerging technologies

Homeland Security and affiliated agencies are piloting and deploying more than 100 artificial intelligence systems, including some used in law enforcement activities, according to the department’s disclosure Wednesday.

Congress last year authorized U.S. Customs and Border Protection to get more than $2.7 billion to build out border surveillance systems and add in AI and other emerging technologies.

In recent weeks, Homeland Security requested more information from private industry on how technology companies and data providers can support their investigations and help identify people.

Meanwhile, longtime government contractor Palantir was paid $30 million to extend a contract to build a system designed to locate people flagged for deportation. On Wednesday, the Trump administration disclosed it’s using Palantir’s AI models to sift through immigration enforcement tips submitted to its tip line.

Homeland Security has also been exploring partnerships with license-plate reader companies like Flock Safety to expand their tracking capabilities.

Rachel Levinson-Waldman, who directs the Brennan Center for Justice’s Liberty and National Security Program, said more funding for government surveillance tools changes the landscape.

“We are developing these technologies for immigrant enforcement,” she said. “Are we also going to expand it or wield it against U.S. citizens who are engaging in entirely lawful or protest activity?”

Burke and Tau write for the Associated Press. AP freelance photojournalist Adam Gray contributed to this report from Minneapolis.

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