The Brief

Immigration and Customs Enforcement (ICE) is acquiring powerful new surveillance tools to identify and monitor people.

They include apps that let federal agents point a cell phone at someone's face to potentially identify them and determine their immigration status in the field and another that can scan irises. Newly licensed software can give "access to vast amounts of location-based data," according to an archive of the website of the company that developed it, and ICE recently revived a previously frozen contract with a company that makes spyware that can hack into cell phones.

The federal agency is also ramping up its social media surveillance, with new AI-driven software contracts, and is considering hiring 24/7 teams of contractors assigned to scouring various databases and platforms like Facebook and TikTok and creating dossiers on users.

The Trump administration is seeking to employ new technology as it tries to boost deportations to a million a year, a target that could be helped with tech to identify and locate noncitizens subject to removal.

Some Democratic members of Congress are raising legal concerns about the new technologies and are asking questions of ICE that are going unanswered. A group of U.S. senators have called on ICE to stop using a mobile facial recognition app.

"Americans have a right to walk through public spaces without being surveilled," Democratic Sen. Edward Markey of Masschusetts told NPR.

Privacy and civil liberties advocates also warn these surveillance tools represent a grave threat and say there is not a sufficient regulatory framework in place or oversight to ensure federal agents are using new technologies in a way that protects privacy and constitutional rights.

"Immigration powers are being used to justify mass surveillance of everybody," said Emily Tucker, the executive director of the Center on Privacy and Technology at Georgetown Law.

"The purpose of this is to build up a massive surveillance apparatus that can be used for whatever kind of policing the people in power decide that they want to undertake," she said.

Scanning teens' faces

The way ICE and Border Patrol agents use these technologies was on display in a video posted to TikTok last month by an account in Aurora, Ill. The video appears to show a group of masked Border Patrol agents as they jump out of an SUV and approach two young people on bikes on the sidewalk near East Aurora High School. The agents ask them their citizenship and to show ID.

One of the young men, who is filming the incident and does not appear on camera, says he is 16 and is a U.S. citizen but does not have an ID.

"Can you do facial?" an officer is heard asking. Another officer then takes out a cell phone and points it as if taking a photo. He then asks the young person's name and the video ends shortly after that.

The person who posted the video did not respond to a message but said in comments on the post that the video was of their cousins. NPR was able to verify the location where the video was shot.

It is not clear which app the officer used. ICE has a mobile facial recognition app known as Mobile Fortify that uses images of people's faces and fingerprints to try to identify people in the field. A Department of Homeland Security document says the app searches for matches against Customs and Border Protection databases, including photos taken when people enter and exit the U.S., and can return information like a subject's name, birth date, alien number, possible citizenship status and "Possible Overstay Status."

In another section of the document, it says ICE will receive "limited biographic data" if the individual matches a photo from a specific list of targets, called the "Fortify the Border Hotlist," and non-matches "will not return any additional information."

It also says individuals cannot decline to be photographed and that photos are stored for 15 years, even if there is no match.

The existence of the app and documentation on how it works were both first reported by 404 Media, which obtained the DHS document through a Freedom of Information Act request.

This week, the outlet also reported that Customs and Border Protection made a different facial recognition app, Mobile Identify, available on Google's app store for state and local law enforcement agencies that are deputized to work with ICE.

David Bier, director of immigration studies at the libertarian Cato Institute, called it a "big leap" that DHS now can have agents in the field simply point their phone at someone's face and instantly learn details about them.

"The whole idea of anonymity in public, it's really gone when the administration or the government can immediately identify who you are," Bier said, adding that this technology could have a chilling effect on people's willingness to attend public protests.

A group of Democratic senators, led by Markey, called on ICE in September to stop using the technology and answer questions about its use. ICE did not respond to their questions and the senators renewed their demand on Monday.

"This type of on-demand surveillance is harrowing and it should put all of us on guard," Markey told NPR. "It chills speech and erodes privacy. It ultimately undermines our democracy."

In their letter, the senators ask a long list of questions, including the legal basis to use the app, how it was developed, whether U.S. citizens are included in the database of photos the app matches to, whether there are policies for using it to identify U.S. citizens and if it has been used to identify protesters and minors.

Markey told NPR facial recognition is unreliable, especially for people of color, and expressed concern the Trump administration would "weaponize that technology against anyone who disagrees with the government."

Neither ICE or DHS responded to NPR's specific questions about mobile facial recognition apps.

An ICE spokesperson said in a statement, "Nothing new here. For years law enforcement across the nation has leveraged technological innovation to fight crime. ICE is no different. 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."

DHS sent a statement that said, "While the Department does not discuss specific vendors or operational tools, any technology used by DHS Components must comply with the requirements and oversight framework."

The growing use of facial recognition technology comes as DHS published a proposed rule that would expand the agency's ability to ask for biometric data from noncitizens and their U.S. citizen relatives when they apply to adjust their immigration status, such as to obtain a green card or citizenship. Under the rule, the agency could ask for facial images, iris scans, finger and palm prints, voice prints and even DNA.

The public has an opportunity to comment on the rule until early January.

Spyware delivered by text

In August, the Trump administration revived a previously paused contract with Paragon Solutions, an Israeli-founded company that makes spyware. A Paragon tool called Graphite was used in Europe earlier this year to target journalists and civil society members, according to The Citizen Lab, a research group based at the University of Toronto with expertise in spyware.

Little is known about how ICE is using Paragon Solutions technology and legal groups recently sued DHS for records about it and tools made by the company Cellebrite. ICE did not respond to NPR's questions about its Paragon Solutions contract and whether it is for Graphite or another tool.

Graphite can start monitoring a phone — including encrypted messages — just by sending a message to the number. The user doesn't have to click on a link or a message.

"It has essentially complete access to your phone," said Jeramie Scott, senior counsel at the Electronic Privacy Information Center (EPIC), a legal and policy group focused on privacy. "It's an extremely dangerous surveillance tech that really goes against our Fourth Amendment protections."

Adding to an already robust surveillance infrastructure

DHS has been steadily expanding its surveillance capabilities under both Republican and Democratic administrations since its founding in the wake of 9/11.

As of 2022, a report by Georgetown Law's Center on Privacy and Technology found ICE could locate three out of four U.S. adults through utility records and had scanned a third of adult Americans' driver's license photos.

But Georgetown's Tucker, who co-authored the report, said the situation is more dramatic now because of the Trump administration's aggressive posture on immigration enforcement and willingness to push legal boundaries.

"Even if there weren't robust laws and regulations for rights protection, there were some norms that were seen as not really transgressible basically by all the presidential administrations up until that point," Tucker said of the situation a few years ago. "Not only are the norms gone, but this administration is willing to break whatever laws do exist."

NPR's Martin Kaste contributed to this report

Los Angeles’ regional homelessness agency is working to find ways to keep thousands of people in their homes, while complying with new federal funding restrictions on permanent housing.

The governing board for the L.A. Homeless Services Authority voted Monday to start the process of reallocating about $130 million in federal funding currently being spent on permanent housing to other projects meant to serve unhoused Angelenos.

Because of new funding restrictions from the U.S. Office of Housing and Urban Development, known as HUD, about 5,000 households in the county will lose their rental subsidies, according to several LAHSA officials who spoke at a commission meeting Monday.

Those changes, along with state and county funding shortfalls for homeless services, threaten to drastically worsen the region’s homelessness crisis, they said.

"The fact of the matter is there’s going to be a tremendous and terrible impact on people, on agencies, on landlords,” said Nathaniel VerGow, LAHSA’s chief program officer.

Officials said they’re scrambling to maximize federal funding under the new guidelines while also advocating against the new HUD policy.

“It is a cliff and it feels catastrophic, but I think it forces us as a region to figure out how to save ourselves,” LAHSA Commission Chair Amber Sheikh said.

The funding challenge

Most federal homelessness dollars flow into the L.A. region through the Continuum of Care program, managed by HUD.

The Los Angeles region is eligible for more than $260 million in federal funding under that program in the coming fiscal year, including $217 million for existing projects.

But no more than 30% of those funds can go toward permanent housing projects, according to a “notice of funding opportunity” HUD issued last month.

That’s a challenge for L.A. County, because 90% of regional HUD funds currently cover people’s rent, according to LASHA officials.

Instead, L.A. and other cities and counties must spend the bulk of their federal funds on other interventions, including transitional housing and street outreach.

HUD officials have said the policy is meant to encourage self-sufficiency.

At Monday’s meeting, Commissioner Justin Szlasa urged his colleagues to consider larger funding trends.

“ There's actually a 23% increase in available funding from HUD, the federal government,” he said. “It just doesn't work with the way that we normally have done things here.”

“We need to find, in this crisis, a way to be constructive about this,” Szlasa added.

HUD policy changes

HUD released its new notice of funding opportunity last month and rescinded a previous two-year funding agreement.

Opponents have concerns with the federal housing department’s move away from “housing first” approaches. They also said HUD rolled out the changes without providing enough time to prepare service providers and clients for disruptions.

Last week, 21 states, including California, sued HUD, claiming the new federal policies “essentially guarantee that tens of thousands of formerly homeless individuals and families will be evicted back into homelessness.”

This week, a group of cities and homelessness organizations also sued over the changes. Plaintiffs include the city and county of San Francisco. The Continuum of Care for San Francisco was awarded $56 million in federal funding for Fiscal Year 2024.

Approximately 91% of that funding supports permanent housing projects, according to the complaint.

What’s next?

The LAHSA Commission voted Monday to approve its request for applications for existing and new projects.

Providers must submit applications to LAHSA over the next two weeks, and LAHSA has until Jan. 14 to craft and submit a new application to HUD.

The agency is now talking with 130 contractors about the transition.

LAHSA is also working with some permanent supportive housing providers to convert their programs to transitional housing instead, officials said.

People who were in permanent housing projects aren’t eligible for transitional housing under HUD’s guidelines because they're not considered unhoused, VerGow said.

The commission also reviewed a policy for ranking project applications and prioritizing them for federal funding. Officials said that policy has to be approved at a LAHSA Commission subcommittee on Dec. 10.

Funds are expected to be awarded in May 2026.

LOS ANGELES — As the season of Advent begins, many Christians turn toward quiet reflection and preparation for Christmas. But in several Southern California congregations with large immigrant communities, that sacred anticipation is shadowed by a looming sense of fear.

For worshippers like Mike, an Iranian asylum-seeker who attends a West Los Angeles church, the weeks leading up to Christmas feel less like a spiritual refuge and more like a time of apprehension. He asked that only the anglicized version of his Farsi name be used because he fears speaking publicly could affect his immigration case. He fled Iran after converting to Christianity.

"I kept this secret, my faith as a secret, for like 12 years," he said.

Mike arrived in Los Angeles 18 months ago and says he has tried to build a life rooted in community and respect for his new home. But a series of immigration enforcement actions in the region — including the June arrests of two men outside a nearby church with a large Iranian membership — has shaken him.

"Even church is not safe because it's a public place," he said. "They can get there and catch you."

The Department of Homeland Security says enforcement actions at churches require secondary approval and are expected to be rare. Still, the concern is real inside Mike's congregation, where church leaders asked that the name of the church not be published.

A significant number of Iranian parishioners worship there, and the pastor often invites them to pray in Farsi during services. Lately, fewer take her up on the offer.

"It's part of the heartbreak of these days," the pastor said. "They feel like they have to be apprehensive about it — not even wanting to speak in their own language here."

She said the fear is especially painful during Advent, a season she describes as a time to prepare to "give thanks for this God we have who wants to be with us."

Room at the inn, despite fears

East of Los Angeles, at Baldwin Park United Methodist Church, Pastor Toña Rios unzips a red tent pitched in the middle of the sanctuary. For years, the church took in newly arrived immigrants, providing a place to sleep while they looked for work and housing.

The tent remains as a reminder of that welcome — and of the fears many congregants now carry. Rios estimates that about 80% of her church members are immigrants and says many don't have legal status.

"A lot of them say, 'Don't open the door. Just close the door,'" she said.

Rios urges a different posture, especially during Advent. She uses the tent to help her congregation imagine being the ones who offer shelter, not shut others out.

"It is very hard," she said. "But Jesus is going to be born in our heart. That's why we need to be prepared."

For longtime church member Royi Lopez, the sense of vulnerability goes beyond immigration status. Lopez is a U.S. citizen but says she often feels targeted because she is Latina. Many of her relatives are undocumented, and she worries constantly about them.

"What if on my way to church, they catch us?" she said. "On a daily basis, we're scared of going to the school, to work, to church, to even the grocery store."

Lopez says that during Advent, these fears remind her of the Christmas story itself — of Mary and Joseph searching for somewhere to stay, turned away again and again until somebody finally took them in.

"Even though so many doors were closed, somebody opened a door," she said.

That theme of welcome runs through the hymn chosen for every Sunday of Advent at Baldwin Park United Methodist Church, "All Earth is Hopeful." Its lyrics speak of a world longing for liberation, where people labor to "see how God's truth and justice set everybody free."
Copyright 2025 NPR

The Supreme Court today is hearing a billion-dollar case about whether internet providers can be liable for their users' committing copyright violations using their services.

The legal battle pits the music entertainment industry against Cox Communications, which provides internet to over 6 million residences and business.

A coalition of music labels, which represent artists such as Sabrina Carpenter, Givēon and Doechii, sued Cox alleging that company should be responsible for the copyright violations of internet users that Cox had been warned were serial copyright abusers.

The coalition argues Cox was sent numerous notices of specific IP addresses repeatedly violating music copyrights and that Cox's failure to terminate those IP addresses from internet access means that Cox should face the music.

In its briefs, the coalition argued many of Cox's anti-infringement measurements seem superficial and the company willingly overlooked violations.

The coalition points out that Cox had a 13-strike policy for potentially terminating infringing customers, under which Cox acted against a customer based on how many complaints it received about a particular user. The Cox manager who oversaw the Digital Millennium Copyright Act, the law at issue in this case, told his team to "F the dmca!!!"

"Cox made a deliberate and egregious decision to elevate its own profits over compliance with the law," the coalition asserts.

The Fourth Circuit Court of Appeals and a jury agreed with the coalition, with the jury awarding the coalition more than a billion dollars in damages.

Cox argues it should not be liable for its customers' actions as it never encouraged the copyright infringements, its terms of service prohibit illegal activities, and it does not make additional money when customers use its internet to infringe on copyrights.

In its briefs, Cox specified that less than 1% of its users infringe on music copyrights and that its internal compliance measures "got 95% of that less than 1% to stop." It asserts that if the Supreme Court does not side with them, then "that means terminating entire households, coffee shops, hospitals, universities and even regional internet service providers (ISPs) — the internet lifeline for tens of thousands of homes and businesses — merely because some unidentified person was previously alleged to have used the connection to infringe."

A decision in the case is expected this summer.

Copyright 2025 NPR