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Up First (NPR)

The Americans caught in ICE’s web of surveillance

23 min episode · 2 min read
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Episode

23 min

Read time

2 min

Topics

Marketing, Software Development, Science & Discovery

AI-Generated Summary

Key Takeaways

  • DNA Collection at Arrest: Federal law currently requires law enforcement to collect DNA from anyone arrested or facing charges, and that DNA enters the FBI's national policing database. NYU law professor Erin Murphy warns this is uniquely invasive because it captures genetic data across multiple future generations, not just the individual detained.
  • Real-Time Surveillance Capability: ICE officers in Minneapolis demonstrated the ability to identify observers within seconds — reciting full names and home addresses to people filming from public streets. This rapid identification points toward DHS tools combining facial recognition, license plate readers, and aggregated government databases, confirmed by ICE agent court testimony.
  • Administrative Subpoenas Bypass Judicial Oversight: DHS is issuing administrative subpoenas to tech companies like Meta and Google to unmask anonymous accounts critical of ICE — without requiring a judge or grand jury. The ACLU reports DHS has withdrawn every subpoena challenged in court, suggesting legal vulnerability, but many recipients likely miss the notification emails entirely.
  • Chilling Effect on Protected Activity: Observers in Minneapolis report being physically led to their own homes by multiple ICE vehicles, having agents pound on car windows, and having agents photograph them at close range. ACLU deputy director Nathan Wessler identifies this pattern as corrosive to free society, regardless of whether a formal surveillance database officially exists.
  • Legal Boundaries Remain Unsettled: Fourth Amendment protections currently permit public tracking via cameras and license plate readers, but a 2018 Supreme Court ruling required warrants for historical cell phone location data. A new cell location case is expected before June 2025, and multiple First Amendment lawsuits in Minnesota and Maine are actively challenging ICE intimidation tactics against protesters.

What It Covers

NPR reporters Meg Anderson and Kat Lonsdorf document how ICE operations in Minneapolis and other U.S. cities are ensnaring American citizens and lawful residents through DNA collection, facial recognition tools, license plate tracking, administrative subpoenas targeting anonymous social media accounts, and physical intimidation tactics against First Amendment-protected observers.

Key Questions Answered

  • DNA Collection at Arrest: Federal law currently requires law enforcement to collect DNA from anyone arrested or facing charges, and that DNA enters the FBI's national policing database. NYU law professor Erin Murphy warns this is uniquely invasive because it captures genetic data across multiple future generations, not just the individual detained.
  • Real-Time Surveillance Capability: ICE officers in Minneapolis demonstrated the ability to identify observers within seconds — reciting full names and home addresses to people filming from public streets. This rapid identification points toward DHS tools combining facial recognition, license plate readers, and aggregated government databases, confirmed by ICE agent court testimony.
  • Administrative Subpoenas Bypass Judicial Oversight: DHS is issuing administrative subpoenas to tech companies like Meta and Google to unmask anonymous accounts critical of ICE — without requiring a judge or grand jury. The ACLU reports DHS has withdrawn every subpoena challenged in court, suggesting legal vulnerability, but many recipients likely miss the notification emails entirely.
  • Chilling Effect on Protected Activity: Observers in Minneapolis report being physically led to their own homes by multiple ICE vehicles, having agents pound on car windows, and having agents photograph them at close range. ACLU deputy director Nathan Wessler identifies this pattern as corrosive to free society, regardless of whether a formal surveillance database officially exists.
  • Legal Boundaries Remain Unsettled: Fourth Amendment protections currently permit public tracking via cameras and license plate readers, but a 2018 Supreme Court ruling required warrants for historical cell phone location data. A new cell location case is expected before June 2025, and multiple First Amendment lawsuits in Minnesota and Maine are actively challenging ICE intimidation tactics against protesters.

Notable Moment

A Minneapolis resident filming ICE operations from a public sidewalk was body-slammed by a masked federal officer, detained for three hours, fingerprinted, photographed, and had his DNA swabbed — later discovering the encounter fractured three of his ribs and left lasting psychological effects.

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Episode Transcript

I'm Ayesha Roscoe, and you're listening to the Sunday story from Up First, where we go beyond the news of the day to bring you one big story. Since president Trump took office last year, the number of immigration and customs enforcement officers has more than doubled according to the Department of Homeland Security in January. Funding for ICE has skyrocketed. All of these new resources have been used to expand law enforcement activities targeting undocumented people across the country. But lawful residents and American citizens are also increasingly getting caught up in these operations. One of those people is Ben, a Minneapolis resident who asked that we only use his first name because he worries the federal government will retaliate against him. Back in late January, Ben was observing ICE operations around the city, something he had been doing for weeks at that point. Ben was on his way home when he received a message that immigration agents had been spotted nearby. Ben and his wife, Gabby, decided to head to the location. There were a lot of observers around. People were coming out of their houses. I got out of the car because I was like, you know, gotta go film. When Ben and Gabby arrived, Ben stood at the side of the road and filmed the officers who had already gotten back inside their car. It looked like they were about to leave, but they stopped and got out of the car, and that's when I got down. Body slammed? Yeah. Yeah. It wasn't really a tackle. Yeah. It was a body slam. He picked you up and slammed you down. In the video of the incident, you can see a masked federal officer run at Ben and slam him to the ground. Ben was detained and held in custody for three hours. Before officers released him, they fingerprinted him and took his photo. And then that's when the DNA happened. An officer approached Ben with something that looked like a Q tip and used it to swab the inside of Ben's cheek to collect his saliva. It was super casual. And it was just like, okay. Yeah. So we're gonna you're gonna take this now. And I was like, oh, okay. It all happened so fast, Ben didn't realize what was happening. A few days after getting tackled, Ben found out that the encounter had left him with three cracked ribs. And beyond the physical toll the incident had on his body, he's also wondering what ICE is doing with his DNA information. The whole ordeal has left him with lasting psychological stress. I don't really have the words for it, but, you know, it's just not something that should have ever happened. When we come back, a look at the growing web of tracking and surveillance by ICE and the citizens getting tangled up in it. This message comes from Angie. If you're tackling a home project, check out angie.com. From roofing to remodels and …

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