DHS Expands AI Surveillance Arsenal to Track Americans While Defying 96 Court Orders
According to a federal judge in Minnesota, Immigration and Customs Enforcement has violated 96 court orders in 74 cases in January 2026 alone — more than some federal agencies have violated in their entire existence (Source: TechPolicy.Press). Even as ICE defies judicial authority, DHS's latest AI inventory, released January 28, reveals more than 200 AI use cases deployed or in development across the department — an almost 40 percent increase since July 2025.
The surveillance tools now extend well beyond immigration enforcement. In Minnesota, ICE has deployed social media monitoring and location-tracking systems that analyze the movements of large groups at specific locations, capabilities explicitly marketed for use at protests and other gatherings protected under the First Amendment (Source: NPR). At the push of a button, ICE can catalog individuals at a protest, then track their movements over extended periods (Source: Washington Post).
The agency's toolkit includes Mobile Fortify, a facial recognition and fingerprint-matching app used by both CBP and ICE since May 2025. The app has been documented misidentifying individuals during immigration raids, despite ICE claiming its results are a "definitive" determination of immigration status (Source: TechPolicy.Press).
Palantir's ImmigrationOS ($30 million), BI2 Technologies iris-scanning smartphones ($4.6 million), and a Clearview AI facial-recognition contract ($3.75 million) round out the arsenal (Source: State of Surveillance).
In Portland, Maine, Colleen Fagan was recording federal agents during an immigration operation in January when agents appeared to record her face and license plate. When she asked why, her video captured a masked agent responding: "Because we have a nice little database, and now you're considered a domestic terrorist" (Source: NPR).

