Access Now and the Harvard Cyberlaw Clinic have filed lawsuits against CBP and ICE for failing to disclose information about the sharing of biometric data with Latin American governments. Despite submitting Freedom of Information Act (FOIA) requests over 17 months ago, CBP has not produced any requested documents, and ICE claims to have none related to its biometric database. The lawsuit against ICE focuses on its Enforcement and Removal Operations program, which involves biometric identification of priority undocumented individuals. Similarly, the CBP lawsuit targets the CBP One app’s collection of biometric information and its potential misuse for profiling and automated decision-making.
ERO, managed by ICE, coordinates with Mexican, Guatemalan, and other governments to identify and apprehend noncitizens within the U.S. Access Now’s FOIA request seeks data sharing agreements between ICE and several Latin American countries. The CBP lawsuit also questions the CBP One app’s data collection practices, which include biographical information, images, and geolocation data. Despite ongoing investigations into CBP One’s privacy implications, the app is set to expand its biometric data collection to nonimmigrants leaving the country.
Access Now alleges that CBP One’s data collection could lead to profiling and automated decision-making, highlighting concerns about privacy and civil liberties. The lawsuits underscore the growing scrutiny over government agencies’ handling of biometric data and the need for transparency in data sharing practices. As legal battles unfold, the outcomes will have significant implications for the protection of individuals’ privacy rights and the accountability of government agencies in handling sensitive biometric information.
