Senate Democrats ask DHS watchdog to rein in agency’s surveillance use

Democratic Sens. Mark Warner and Tim Kaine of Virginia are asking the Department of Homeland Security’s inspector general to look into the agency’s broad data collection and analysis processes, according to a letter sent to the DHS IG on Thursday. 

The duo tasked Inspector General Joseph Cuffari with investigating the methods of data storage and use for personally identifying information, whether DHS immigration enforcement activities are based on data coming from other agencies or third parties, and where DHS collects data from, among other topics. 

“We write to you to express our concern that the Department of Homeland Security is collecting sensitive personal data that can be used to circumvent civil liberty protections, including those guaranteed under the Fourth Amendment,” the senators said in the letter. “This matter deserves your office’s immediate attention, and we request that your office audit DHS’ immigration procurement activities to determine whether they have led to violations of federal law and other regulations that maintain privacy and defend against unlawful searches.”

Lawmakers have kept their eyes on the use of technology within the department, and Immigration and Customs Enforcement in particular.  

In recent months, DHS has aimed to broaden its authorities by amending rules around data use and collections. Lawmakers have warned of eroding privacy protections and public trust if safeguards aren’t established. 

Scrutiny has continued into the new year. Prior to Thursday’s letter, House Homeland Security Committee members introduced legislation that would set limits on biometric data collection. The attempt to curb DHS’s ever-expanding data estate pointed to technical limitations and deficiencies of tools — as well as constitutional concerns — as driving forces behind the need for guardrails. 

The latest investigation request comes just a day after DHS released its 2025 AI inventory. In it, there are several examples of how artificial intelligence is helping law enforcement comb through its data deluge. 

For instance, AI tools are being deployed to assist ICE Enforcement and Removal Operations in identifying and classifying potential risks within research and investigation documents, “such as references to criminal activity or connections to organizations of concern,” according to the inventory. AI technologies are also interacting with biometric data and facilitating day-to-day workflows in the field.  

The AI influx will only grow if ICE has its way. While at an event last week, CIO Dustin Goetz said the division is working to automate as many of its business functions as possible.