A border patrol agent stands in front of protestors as people gather near the scene of 26th Street West and Nicollet Avenue, where federal agents shot and killed a 37-year-old man Saturday, Jan. 24, 2026, the third shooting in as many weeks. (Photo by Nicole Neri/Minnesota Reformer)

A Border Patrol agent warned Nicole Cleland last month that she’d be arrested if she were again discovered following and observing federal officers. 

Three days later, the 56-year-old Richfield resident received an email saying her expedited airport security screening privileges had been revoked.

Cleland is a frequent traveler and had held Global Entry and TSA PreCheck status without incident since 2014. So the timing of the notice seemed curious, she said in a sworn declaration filed in support of the American Civil Liberties Union’s lawsuit challenging federal law enforcement tactics in Minnesota. The Border Patrol and Transportation Security Administration are both subdivisions of the U.S. Department of Homeland Security, as is U.S. Immigration and Customs Enforcement.

“Given that only three days had passed from the time that I was stopped, I am concerned that the revocation was the result of me following and observing the agents. This is intimidation and retaliation,” Cleland said in the declaration.  

A year into the second Trump administration’s immigration crackdown, Cleland is one of countless U.S. residents and visitors touched by the federal government’s rapidly changing data collection and surveillance apparatus. Some, like an AI-powered social media analyzer and an error-prone facial recognition tool, evoke dystopian sci-fi. Others, like automatic license plate readers, have been around for decades. 

Elected officials, privacy advocates, and ordinary community members working as constitutional observers are increasingly alarmed that the Trump administration could use these tools to chill constitutionally protected expression, while at the same time pressuring tech companies — many of which have cozied up to Trump in his second term — to make it harder for Americans to keep tabs on their government. 

Senior administration officials haven’t done much to dispel those concerns. Tom Homan, the “border czar” who’s now the face of Operation Metro Surge in Minnesota, said on Jan. 15 that he’s pushing to create a “database” of people who “interfere or impede or assault an ICE officer.” 

Such a database wouldn’t outwardly differ much from the numerous information repositories the federal government already maintains. But its purpose — and, in some cases, the tools used to collect and analyze the data — may prove to be a new frontier in the emerging surveillance state.  

Facial recognition software

The Border Patrol agent who warned Cleland told her his unit had “facial recognition,” according to her deposition.

Reporting by 404 Media and other media outlets indicates that ICE and other federal immigration enforcement agencies use multiple AI-powered facial recognition tools, including Mobile Fortify and Clearview AI. Local law enforcement agencies deputized to work with ICE use a different facial recognition app, Mobile Identify, according to NPR.

DHS has used facial recognition software at airports and land border crossings for years, but its use in the field is a more recent development that civil liberties experts say represents a major expansion of government surveillance. 

Using proprietary algorithms, the tools try to match images captured in the field with data already in DHS databases, including names, birthdates, citizenship status and photos taken at U.S. entry points. DHS says it retains “biographic exit data” on U.S. citizens and permanent residents for 15 years, though it’s unclear whether this applies to images collected in the field as well.

Even before Operation Metro Surge began in earnest, lawmakers sounded alarms about the implications.

“This type of on-demand surveillance is harrowing and it should put all of us on guard,” U.S. Sen. Ed Markey, a Massachusetts Democrat, told NPR in November.

Human analytics apps

ICE also uses AI-powered apps to analyze social media activity and other digital data points to create “life profiles” for people of interest.

The agency has spent at least $5 million on Tangles, a sophisticated tool developed by a company with ties to Israel’s cyber-intelligence community, Forbes reported in September. Tangles mines social media posts, event sign-ups, mobile contacts, location data and more to create nuanced individual portraits and tease out patterns of activity — including organizing and protest — in specific places.

“Our powerful web intelligence solution monitors online activity, collecting and analyzing data of endless digital channels – from the open, deep and dark web, to mobile and social,” Tangles’ Microsoft Marketplace listing says.

The Verge reported in October that ICE has spent a similar amount on another digital monitoring tool called Zignal Labs, which uses AI text and video analysis to process billions of social media posts daily into what it calls “curated detection feeds.” The product includes near real-time alerts. “Sample workflows” featured in a Zignal Labs marketing pamphlet shared with The Lever include “an ongoing operation in Gaza” and a 2023 social media post purporting to show U.S. Supreme Court Justice Brett Kavanaugh at the Mall of America.

Cellular snooping

Since September 2024, ICE has paid more than $1.6 million to a Maryland company that integrates a type of cell-site simulator popularly known as a “stingray” into government vehicles. 

TechCrunch first reported the purchases, which are a matter of public record. It’s unclear how often ICE uses vehicles equipped with stingrays in its operations, but a Utah judge reportedly authorized the agency to use one to track down a specific individual last summer. 

Stingrays trick nearby cell phones into connecting with them instead of legitimate transmitters, collecting reams of random users’ data in the process. That, plus past instances of warrantless snooping, makes them controversial even among law enforcement agencies. Ars Technica reported in 2015 that the FBI required local law enforcement agencies to drop cases rather than reveal evidence in court that “would potentially or actually compromise the equipment/technology.”

ICE is also interested in using — and may already be using — another cell-snooping tool that requires no external hardware. 

Last summer, the independent national security journalist Jack Poulson reported that the agency had reactivated a $2 million contract with the Israeli spyware developer Paragon Solutions. Once delivered via text message — no link required — Paragon’s spyware gains broad access to a phone’s contents, including encrypted messages.

“It’s an extremely dangerous surveillance tech that really goes against our Fourth Amendment protections,” Jeramie Scott, senior counsel at the Electronic Privacy Information Center, told NPR in November.