WASHINGTON (AP) — A number of Democratic lawmakers are questioning the legality of a U.S. Border Patrol predictive intelligence program that singles out and detains drivers for suspicious travel within the country.
Sen. Ed Markey of Massachusetts sent a letter on Monday to the agency overseeing Border Patrol, describing the license plate reader program as an “invasive surveillance network” that threatens individuals’ privacy and civil liberties, potentially violating the U.S. Constitution.
Markey criticized the program for enabling what he termed “pervasive surveillance” akin to practices seen in authoritarian regimes. Without transparency, he warned, such programs could erode fundamental rights and create a precedent for unchecked government power. He demanded details regarding the technology and its usage.
A recent investigation by the Associated Press revealed that the U.S. Border Patrol utilizes a predictive intelligence program monitoring millions of American drivers to identify those deemed suspicious. Concealed within everyday traffic equipment, the program collects license plate data not just from its own surveillance but also from various federal, state, local law enforcement, and private companies.
The program has reportedly led to traffic stops and arrests, with federal agents referring flagged individuals to local law enforcement under the guise of routine violations.
Courts have supported the collection of license plate reader data in public spaces but have restricted warrantless access to certain tracking data. Critics argue that such large-scale collection could infringe on Fourth Amendment protections against unreasonable searches.
In response, CBP stated it operates under a strict policy framework aimed at responsibly applying the technology for security purposes. However, concerns persist, as lawmakers like Rep. Dan Goldman of New York and Sen. Mark Warner express the need for immediate transparency regarding the surveillance of Americans based on algorithmic assessments.
