ICE Surveillance Involves Location Data and Other Online Information

 Posted on October 13, 2025 in Criminal Defense

The issue of data privacy has received a great deal of attention in recent years. While people may be aware that data related to their online activities, financial transactions, and movements may be accessible to certain people or companies, they may not realize the full extent of the data that is available or how it may be used by law enforcement or government agencies. Some recent revelations about the use of data by Immigration and Customs Enforcement (ICE) have been troubling, and they may have implications for immigration matters and criminal cases.

There are many legal implications related to data that is collected, accessed, and used by the government, and people may need to address violations of their rights as they defend against criminal charges or address immigration issues. In cases involving ICE, an attorney who has an understanding of the ways that immigration laws intersect with criminal laws can provide guidance on how a person can protect their rights.

Surveillance Tools Used by ICE

In January of 2024, government spokespeople stated that ICE would no longer use tools that track commercial telemetry data (CTD), or information about people’s locations that was collected through smartphone apps or other means. This decision came in response to a report from the inspector general of the Department of Homeland Security (DHS) that found that ICE, Customs and Border Patrol (CBP), and the U.S. Secret Service had violated policies regarding the use of CTD. This report noted that ICE had not made the proper disclosures about how it used people’s personal information, which was a violation of federal law.

Since President Donald Trump took office for his second term, his administration has encouraged ICE to expand its operations as it locates people who are believed to be undocumented immigrants, conducts raids, detains people, and pursues deportations. As a result of these increased efforts, ICE is once again using surveillance tools that track people’s location data and other information.

A recent news report found that ICE has purchased access to tools that compile and analyze vast amounts of data from people’s mobile devices. These tools use artificial intelligence (AI) to combine information from multiple sources, make connections, identify people through facial recognition technology, and track people’s movements and online activities. It is likely that these tools will be used to identify suspected undocumented immigrants, track their locations, and determine when they can be detained.

The use of these types of tools by government agencies has raised many concerns about the violation of people’s rights. The Fourth Amendment prohibits the government from conducting unreasonable searches, including collecting data directly from people without first obtaining a warrant. However, ICE and other agencies have gotten around these restrictions by using tools that process data purchased from third parties such as data brokers. Advocates for civil liberties have argued that Fourth Amendment protections should apply to any data that would require a warrant to obtain, even if it was purchased from a third party.

Contact Our Connecticut Criminal Defense Attorneys

The use of location data and other personal information by ICE is just one example of the ways government agencies and law enforcement officials may perform surveillance and track people using the data that is available. In cases involving government overreach, it is important for a person to take steps to protect their rights and address violations of the Fourth Amendment or other laws. At Woolf & Ross Law Firm, LLC, we can help ensure that these issues will be addressed correctly during criminal cases, and we will fight to protect our clients’ rights at all times. To set up a free consultation and learn more about how we can help with your case, contact our Hartford criminal defense lawyers at 860-290-8690.