You May Lose PreCheck and Global Entry If Caught Protesting ICE
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A woman’s PreCheck was revoked after encounter with ICE.
An American citizen has joined a lawsuit after her PreCheck and Global Entry privileges were revoked. Nicole Cleland, a Minnesota resident, encountered an Immigration and Customs Enforcement (ICE) agent last month; three days afterward, her travel privileges were canceled without explanation.
Cleland, 56, is part of a community watchdog group in Richfield. Volunteers like her have been observing and recording the activities of ICE agents across the state during a massive immigration crackdown that has left many injured and at least two dead. On January 10, she was trailing an agent in her car with another observer when the agent stopped his vehicle, got out, and approached her while she sat inside.
She had never met the agent before, but the agent addressed her by name. He told her that he had facial recognition and his body camera was on. He also informed her that she was impeding their work and that he was issuing a final warning, stating that if she continued, she would be arrested. Accepting the warning, she drove away.
Three days later, she received a notification from the Department of Homeland Security (DHS) that she had lost access to TSA PreCheck and Global Entry. “The notification did provide some reasons that my status may have changed, and the only one that makes sense was: ‘The applicant has been found in violation of any customs, immigration, or agriculture regulations, procedures, or laws in any country.’”
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She was not arrested or detained and does not know how her travel privileges could have been revoked.
Now, she is suing the department for its treatment of observers and demanding answers about what she claims is a retaliatory move.
Cleland is not alone. There have been multiple reports of ICE agents pointing their phones at civilians, recording video, and taking photos.
The U.S. Department of Homeland Security is using facial recognition technology to identify protesters and community volunteers. Using a mobile app, agents can scan a protester’s face and retrieve information from federal and state databases. This controversial surveillance tactic is becoming more common across the country.
A DHS spokesperson denied to the Independent that her revocation was retaliatory, saying there has been no such directive. “Body worn cameras are utilized to document encounters and are not equipped with CBP’s facial comparison technology,” the spokesperson added.
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Surveillance Tools
American citizens participating in community-led monitoring of ICE agents or joining protests should know that federal agents can—without their consent—scan their faces and identify them. Agents are also using personal and government mobile phones to record protests and encounters. These videos are used for social media content or to document confrontations.
Border agents are using a mobile app called Mobile Fortify to pull information from databases in real time. Its existence was first reported by 404 Media in October.
ICE also has access to additional technologies, thanks to the $75 billion it has received from the administration. The New York Times reported that ICE uses tools to hack into people’s phones and track live locations. Agents also monitor the social media of individuals, including U.S. citizens.
DHS says the app is lawful and used under strict guidelines. “Mobile Fortify has not been blocked, restricted, or curtailed by the courts or by legal guidance. It is lawfully used nationwide in accordance with all applicable legal authorities.”
In documented encounters, agents have not asked permission before scanning individuals’ faces. According to DHS, “ICE does not provide the opportunity for individuals to decline or consent to the collection and use of biometric data/photograph collection.” Unlike screening at airports, people cannot opt out.
The federal government is also planning to retaliate against protesters in other ways. Tom Homan, the border czar, said in an interview with Fox News that officials want to create a database to out protesters. “We’re going to put their face on TV. We’re going to let their employers, in their neighborhoods, in their schools, know who these people are.”