AI-powered surveillance is no longer limited to border checkpoints or airport security. Tools first developed for immigration enforcement are increasingly being used far from the border, sweeping in immigrants and U.S. citizens during routine encounters, public events, and even peaceful protests.
At Francis Law Center, we know how frightening it can feel when powerful technology is pointed at immigrant communities without clear rules or safeguards. Our work with clients across the country shows that understanding how these tools operate, and what they can and cannot prove, is essential to protecting both your immigration case and your privacy.
From Border Tool to Everyday Scanner
One of the clearest examples of this shift is Mobile Fortify, a smartphone app used by ICE and CBP agents to scan faces in the field. Estimates indicate the app has already been used more than 100,000 times, often hundreds of miles from any border, to check both immigrants and U.S. citizens against massive government databases.
Mobile Fortify does not actually confirm who someone is. Instead, it turns a photo into a template and returns a list of possible matches, with settings that can be adjusted for speed over accuracy. That means an officer might see several “candidate” identities in real time and still act on those leads, even though the technology is only suggesting, not proving, a match.
For immigrants who already worry about being misidentified or profiled, this kind of guessing game at the curb or on the sidewalk can have serious consequences.
Social Media, Location Data, and Mission Creep
Facial recognition is only one piece of a much larger surveillance picture. DHS and ICE have invested in AI-driven tools that monitor social media, analyze posts across multiple platforms, and turn online activity into “leads” for enforcement.
Contracts with private companies enable around-the-clock monitoring to track networks, protest activity, and perceived “threats,” even when people have no criminal record or immigration violations.
Many experts call this mission creep: officials sell technology to the public as a way to find dangerous individuals at the border, then quietly expand it into broad domestic surveillance. They can combine location data, online speech, and public photos to map communities, spot meeting places, and single out people involved in immigrant advocacy or community defense.
For noncitizens, immigration enforcement can now pull in routine digital activity in ways most people never agreed to and often never realized were possible.
Why This Matters for Immigrants
When AI tools feed into immigration enforcement, the risk is not just abstract privacy loss.
Practical harms can include:
- Misidentification from flawed facial recognition leading to wrongful stops, questioning, or arrests.
- Increased fear of attending protests, religious services, or community meetings that might be monitored and mapped.
- Old or taken-out-of-context social media posts are being used to question credibility in asylum, bond, or other immigration proceedings.
These risks can influence how immigrants move, speak, and interact with their communities, even when they have legal status or strong cases for relief.
Protecting Your Rights in an AI Surveillance Era
You cannot completely opt out of these systems, but you can take steps to protect yourself. Being careful about what you share publicly online, understanding that street encounters may involve facial recognition or real-time data checks, and promptly documenting any questionable interaction with ICE or CBP can all help.
If you believe you were targeted or misidentified based on technology, speaking with an immigration attorney is especially important before making statements or signing documents.
Navigating DHS Surveillance With Experienced Guidance
The legal and policy landscape around DHS AI tools is changing quickly, and many systems are being challenged in courts and by civil rights groups. For immigrants, the key is not to ignore these technologies, but to factor them into a broader strategy that protects both your case and your privacy.
At Francis Law Center, we monitor these changes so we can explain how AI surveillance may affect your visa plans, removal case, or future applications. Founding attorney Dr. Jae Francis Lee, a first-generation immigrant, has personally navigated the U.S. system and understands these concerns.
With offices in Chicago, Schaumburg, IL, and Madison, WI, and a team fluent in four languages, we represent immigrants in courts nationwide. If you have questions about DHS surveillance and your case, contact our immigration attorneys to discuss how to protect your rights and privacy.
