ICE wants to buy immigrant data from social media and advertising companies: what are the risks?

The trillion-dollar industry that collects and resells vast amounts of data on Americans is facing an ethical dilemma. The Donald Trump administration wants to buy this data to use it against immigrants, writes Politico.

In January, U.S. Immigration and Customs Enforcement (ICE) issued a request for information asking for a description of how commercial providers of large databases and advertising technology may directly assist investigations. The request came as the administration sought to expand immigration enforcement tools. This marks the first time ICE has publicly addressed the market regarding such data use, including information on purchases, internet activity, and social media behavior.

This request has raised alarm among industry representatives, including Brian O'Kelly, a co-founder of the ad tech industry. He fears the government is seeking access to commercial data for use in implementing the Trump administration's immigration policies.

On the subject: ICE has created a large-scale system to track migrants: how it works

"It's alarming to see the government directly considering using the digital advertising ecosystem to find people and track their movements," O'Kelly said. "This raises serious concerns that everyday online activity and social media behavior could become a surveillance tool."

Major industry associations have also expressed concern, citing the risk of increased regulation due to public backlash. They propose preserving data sharing for commercial and marketing purposes, but limiting its transfer to law enforcement agencies.

"These practices are pushing some lawmakers to take radical measures, including banning the sale and transfer of data, as well as strict restrictions on its collection," said David LeDuc, vice president of public policy at the Network Advertising Initiative.

ICE said it takes civil liberties and privacy concerns into account when using technology in investigations.

"Under President Trump, ICE is using every tool at its disposal to remove dangerous criminals who are in the country illegally," the agency said in a written statement.

Federal law does not prohibit the sale of such data to government agencies. A 2022 report prepared under the Biden administration called commercial data an "increasingly valuable" resource.

In its January request, ICE indicated it planned to select several companies to demonstrate how such data could be used in investigations. This included market research and testing of technological solutions.

The service does not say how many companies responded to the request.

"The Department of Homeland Security [DHS] works with numerous private contractors to protect U.S. citizens. We do not comment on law enforcement methods or capabilities," an ICE spokesperson said.

Earlier, FBI Director Cash Patel and Director of the Pentagon's Office of Intelligence James Adams told Congress that their agencies were purchasing data. According to Patel, this "allows us to obtain valuable intelligence information."

O'Kelly believes such practices have become less transparent and less overseen. Former DHS employees alleged in December that internal privacy protections have been weakened. The agency's inspector general is continuing its review of ICE's use of surveillance technology.

Lawmakers have proposed a number of initiatives to limit federal agencies' ability to purchase data from private companies. They argue that such schemes circumvent the Fourth Amendment to the US Constitution, which protects against unreasonable searches and seizures.

Oregon Senator Ron Wyden, the author of the surveillance reform initiative, said that data sales give the government access to citizens' personal information.

“As a result, any advertising system is capable of collecting user location data, which is then used by ICE,” he noted.

Congressman Thomas Massie also introduced a bill in April that would require a court order to access citizens' online data.

Both bills have not yet advanced in Congress.

For decades, the advertising technology industry has been collecting data on hundreds of millions of US users—from social media, apps, mobile devices, and browser history. This data is used to create behavioral profiles that reflect interests, habits, and connections between individuals, which are then used in targeted advertising.

Some of this data is already being applied in other areas.

The US military, abortion opponents, and religious organizations have acquired such data for a variety of purposes, from military operations to targeted advertising at clinics to identifying dating app users.

Concerns about the use of such data sets extend far beyond immigration policy.

Critics warn that government access to such data could provide a detailed picture of citizens' political and social views and become a tool for pressure.

Brian May, an advertising technology engineer with the IAB Tech Lab who helps develop standards for responsible data use, said similar tools could be used to track political opponents.

"People with different political views, religious beliefs, or simply differences can be identified and tracked as groups," he clarified.

Massachusetts Senator Ed Markey, a critic of ICE practices, said Congress should limit such approaches.

"ICE's interest in advertising technology is part of a growing surveillance system," the senator asserted. "Congress must intervene immediately and stop these practices."

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Industry groups such as the IAB and the Network Advertising Initiative have stated that data collected for advertising should not be used for law enforcement purposes. While they have developed voluntary standards, they have not provided companies with specific instructions on how to respond to ICE requests.

"Any data collected for digital advertising must be used only for advertising purposes," stressed IAB Chief Legal Officer Michael Hahn.

At a California Privacy Protection Agency hearing, David LeDuc proposed making it illegal to share data with law enforcement.

"It only takes a few companies selling data to the state to undermine trust in the entire digital advertising system," he concluded.

O'Kelly believes that some companies may already be informally cooperating with government agencies.

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