October 17, 2021

Volume XI, Number 290

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October 15, 2021

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ACLU Sues DHS Over Purchase of Cellphone Location Data to Track Immigrants

The American Civil Liberties Union (ACLU), a nonprofit organization, has sued federal authorities over the alleged use of cellphone location data to track the location of immigrants. The ACLU filed the lawsuit against the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE), to compel them to release records concerning the purchase of cellphone location data, which likely will be used for tracking the location of immigrants.

At the beginning of 2020, there were multiple news reports about the Trump administration purchasing access to commercial databases that track cellphone locations and use that data to keep track of illegal immigrants.

The Lawsuit

Government agencies must have a warrant to access someone’s cellular data. However, some agencies found a workaround by purchasing information from third-party companies, which has now come under ACLU probe and scrutiny. The ACLU suspects that the purchase of customer data could be illegal in some cases. In the lawsuit, the ACLU explains how the private sector’s data and location tracking services can be leveraged by the government.

The lawsuit comes after the ACLU had attempted to obtain more records from the government agencies, seeking clarification on how the data is used. Though the ACLU had requested the details under the Freedom of Information Act, the agencies did not share any pertinent documents.

The crux of the issue raised by the ACLU is whether or not the government’s purchase of location data is legal, as it may be a Fourth Amendment violation. The ACLU relies on the 2018 Supreme Court decision, Carpenter v. United States, which ruled that law enforcement agencies cannot collect location information from a cellphone company absent a search warrant, as it is a search under the Fourth Amendment.

Comments on the Federal Agencies Purchase of Location Data

“It’s critical we uncover how federal agencies are accessing bulk databases of American location data and why,” Nathan Freed Wessler, senior staff attorney with the ACLU’s Speech, Privacy and Technology Project, said in a statement. “There can be no accountability without transparency.”

Several Senate Democrats led by Sen. Ron Wyden (D-Ore.), a privacy advocate, wrote a letter to the DHS asking for more information on how they plan to use such data. For which the DHS responded that its inspector general would take up the matter. “If federal agencies are tracking American citizens without warrants, the public deserves answers and accountability,” Wyden said in a statement. “I won’t accept anything less than a thorough and swift inspector general investigation that sheds light on CBP’s phone location data surveillance program.” In the letter to the DHS, Senators wrote, “CBP is not above the law and it should not be able to buy its way around the Fourth Amendment.”

The DHS did not respond to a request for comment about the ACLU lawsuit. The agency had acknowledged the purchase of location data but declined to give further information on its intended usage.

©2021 Norris McLaughlin P.A., All Rights ReservedNational Law Review, Volume X, Number 352
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About this Author

Raymond Lahoud Immigration Attorney Norris McLaughlin
Member

Raymond G. Lahoud, Chair of the firm’s Immigration Law Practice, focuses exclusively on the area of immigration law and deportation defense for individuals, families, small to large domestic and multinational businesses and corporations, employers, international employees, investors, students, professors, researchers, skilled professionals, athletes, and entertainers, in every type of immigration or deportation defense matter—whether domestic or foreign.  While Ray’s immigration practice is global in reach, with service to individuals and organizations across the United States and beyond,...

212-904-0285
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