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  • Article: DHS Wants to Monitor Immigrants’ Social Media. No One Knows What They Will Do With This Information By Walter Ewing

    DHS Wants to Monitor Immigrants’ Social Media. No One Knows What They Will Do With This Information


    In a sweeping encroachment upon privacy, the Department of Homeland Security (DHS) announced that it is planning to dramatically ramp up its surveillance of virtually anyone in the United States who is not a U.S. citizen by birth.

    In a rule which appeared in the Federal Register on September 18, DHS announced that it will begin gathering information on the “social media handles and aliases, associated identifiable information, and search results,” of all immigrants in the country—even green card holders and naturalized U.S. citizens. This constitutes a tremendous violation of privacy not only for the foreign-born, but for any native-born U.S. citizen who happens to be communicating with an immigrant via social media.

    According to Faiz Shakir, national political director at the American Civil Liberties Union (ACLU), the agency is going to put a freeze on free speech by defining an enormous group of people whose online presence is now subject to monitoring by federal authorities .

    Furthermore, there appears to be no transparency in this new system ; how the information is used will remain a mystery to the immigrants being monitored, as well as to the U.S. population as a whole. Of special concern to privacy experts is DHS’s apparent desire to collect the online pseudonyms immigrants may have used, which signals that the agency is planning on doing some deep dives into people’s private lives.

    Beyond the issue of privacy, there are also concerns that this mining of social media has no workable metrics by which to measure success.

    The DHS Office of Inspector General (OIG) released a report earlier in the year evaluating pilot programs in U.S. Citizenship and Immigration Services (USCIS), Customs and Border Patrol (CBP), and Immigration and Customs Enforcement (ICE) to gather social media information on all applicants for immigration benefits . The report concluded that “it is not clear DHS is measuring and evaluating the pilots’ results to determine how well they are performing against set criteria.”

    OIG’s findings indicate that it is difficult to tell if and when this massive data-mining effort is yielding tangible results in terms of national security, public safety, or law enforcement. It is not encouraging that the Federal Bureau of Investigation (FBI) has stated more than once that “bulk communication collection” (like mining of social media) is an unreliable means of catching terrorists .

    Although the Obama administration made a few forays into the monitoring of social media via voluntary pilot programs among particular groups of visitors to the United States, the Trump administration is taking this to a new level. Applying a program of social media mining to millions of foreign-born people, not to mention the millions of native-born Americans with whom they interact, would mark a dramatic expansion in government surveillance in this country. There is likewise no guarantee that this expansion would make us any safer.

    This post originally appeared on Immigration Impact. © 2017 Immigration Impact. All rights reserved.

    About The Author

    Walter Ewing Walter Ewing, Ph.D., is Senior Researcher at the American Immigration Council. In addition to authoring numerous reports for the Council, he has published articles in the Journal on Migration and Human Security, Society, the Georgetown Journal of Law and Public Policy, and the Stanford Law and Policy Review. He also authored a chapter in Debates on U.S. Immigration, published by SAGE in 2012. Mr. Ewing received his Ph.D. in Anthropology from the City University of New York (CUNY) Graduate School in 1997. Follow him on Twitter @WalterAEwing.

    The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.

    Comments 1 Comment
    1. ImmigrationLawBlogs's Avatar
      ImmigrationLawBlogs -
      It's hard to believe that Walter and I read the same regulations. His article starts with, "In a sweeping encroachment upon privacy, the Department of Homeland Security (DHS) announced that it is planning to dramatically ramp up its surveillance of virtually anyone in the United States who is not a U.S. citizen by birth."

      My understanding of the reg is that it authorizes including social media information in the A Files of active immigration processes, such as a benefit application.

      As for the OIG report, it was issued in August of last year. It is not about the current state of the social media program. It evaluated pilot programs that provided the basis for the final program that is being implemented by the regs.

      The OIG report says the objective of the pilot program was to study how to use social media to screen applicants for immigration benefits.

      The effectiveness recommendation OIG made was to refine the study to more accurately determine whether the methods being used will get the information needed to review applications for immigration benefits. OIG Said, "Absent measurement criteria, the pilots may provide limited information for planning and implementing an effective, department-wide future social media screening program."

      You can find the report at https://www.oig.dhs.gov/sites/defaul...7-40-Feb17.pdf

      In any case, OIG made only one recommendation, and the Office of Intelligence and Analysis agreed and said it had begun to take corrective action. I worked for that office for two years as a policy advisor. They are a very serious group of people.

      In any case, if you want a different take on those regs see my article, "Homeland Security searching some social media doesn't violate privacy"

      Nolan Rappaport
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