House Democrats question DHS, ICE use of surveillance tech

Democratic lawmakers are once again pushing back on the Department of Homeland Security’s expansive use of surveillance technology, with more than a dozen members of a House Oversight subcommittee expressing concern in a letter to Secretary Kristi Noem over the agency’s processes for collection and analysis of cellphone data.

The representatives pointed to recent reports of the agency procuring tools from Penlink, which is said to collect cellphone location data and allow customers to search for devices, and Paragon, a vendor known to enable access to a mobile device without the owner’s knowledge or consent.

Without guardrails, these tools introduce risks to data privacy and civil liberties, according to the signatories of the letter, which was led by Rep. Shontel Brown of Ohio, ranking member of the House Oversight Subcommittee on Cybersecurity, Information Technology, and Government Innovation.

“Location data can reveal intimate details of a person’s life, including where they live, work, worship, go to school, or seek medical care,” the lawmakers said. “DHS could use these tools to identify individuals for targeting based solely on their presence in certain locations, without a warrant or probable cause and regardless of their citizenship or residency status.”

The 13-member group requested a briefing before March 5 to discuss internal DHS communications around the acquisition of location-based electronics surveillance, any legal justifications for surveillance without judicial or administrative warrants, DHS’s processes for storage, use and disposal of the data collected through these tools, and the process for monitoring abuses and granting data access. 

“The continued acquisition of such spyware technology suggests DHS is relying on mass data collection techniques that the Department can use without cell phone users’ knowledge and which may operate outside of constitutional guardrails,” the lawmakers said in the letter. “Americans should be able to trust their government to uphold the Constitution and respect fundamental rights.”

Questions about how the agency is conducting oversight of its technology toolbelt have ramped up over the past year, especially as use in law enforcement and investigative operations expand. 

DHS has increased its AI use cases by nearly 37% since July 2025, according to its latest inventory. Immigration and Customs Enforcement has driven the jump, and many of the agency’s most controversial and high-impact use cases have incomplete risk management processes. 

“Trump’s ICE has been a public safety and civil rights disaster, and now we have heard reports of tools that could enable dragnet digital surveillance of entire communities,” Brown said in an accompanying press release. “DHS must immediately explain its legal authority and its privacy safeguards.”

The letter was cosigned by Reps. Yassamin Ansari of Arizona, Greg Casar of Texas, Jasmine Crockett of Texas, Ro Khanna of California, Raja Krishnamoorthi of Illinois, Stephen Lynch of Massachusetts, Dave Min of California, Eleanor Holmes Norton of D.C., Emily Randall of Washington, Lateefah Simon of California, Rashida Tlaib of Michigan, and James Walkinshaw of Virginia. 

In addition to location-based electronic surveillance, lawmakers have raised concerns about the agency’s mobile biometric applications and broad data collection processes, as well as the lack of information on cybersecurity protections, retention limits and independent audits. 

The agency’s watchdog office also has its eye on privacy practices at DHS. 

Inspector General Joseph Cuffari launched an official audit earlier this month to determine how DHS components are collecting personally identifiable information and the extent to which the data is managed, shared and secured, according to a Feb. 5 letter published by Virginia Democratic Sens. Mark Warner and Tim Kaine.