WASHINGTON, D.C. — U.S. Senator Peter Welch (D-Vt.), Ranking Member of the Senate Judiciary Subcommittee on the Constitution, joined U.S. Senator Ron Wyden (D-Ore.), U.S. Rep. Adriano Espaillat (D-NY-13), and 70 bicameral Democrats in calling for a new investigation of Department of Homeland Security (DHS) agencies, including Immigration and Customs Enforcement (ICE), over warrantless purchases of Americans’ location data.
In their letter, the bicameral lawmakers called on DHS Inspector General Joseph Cuffari to investigate ICE and other DHS agencies restarting warrantless purchases of cell phone location data. The DHS Inspector General previously found that ICE’s data purchases were illegal, causing the program to shut down in 2023, following an investigation requested by Senate Democrats.
The lawmakers wrote: “Location data is extremely sensitive, and can reveal someone’s religion, their political views, medical conditions, addictions, and with whom they spend time. It is for that reason that ordinarily, the government must obtain a warrant from a judge in order to demand such data from phone or technology companies.”
“Given DHS’ failure to adopt a policy for the use of commercial data, coupled with ICE awarding a no-bid contract to a shady data broker that is likely violating federal law, we urge you to open another investigation into the purchase and use of location data by ICE and other DHS components,” the lawmakers continued.
In 2025, ICE issued a no-bid contract to the surveillance company Penlink in 2025, which included licenses for Webloc, its location tracking product. Webloc was developed by the controversial surveillance company Cobwebs Technologies, which combined with Penlink in 2023. Meta banned Cobwebs in 2021, as part of a crackdown on surveillance mercenaries after detecting the company’s customers targeting activists, opposition politicians and government officials in Hong Kong and Mexico.
The members requested the Inspector General investigate:
- Whether ICE and other DHS components are purchasing illegally obtained location data about Americans and if yes, why DHS does not have policies in place to prevent taxpayer dollars from going to contractors that have invaded Americans’ privacy in violation of federal law.
- How ICE and other DHS components have used location data and whether they have used it to investigate Americans for engaging in constitutionally protected activities, including those protesting ICE actions or monitoring ICE enforcement operations.
- Whether ICE and other DHS components are auditing employee access to commercial location data to identify likely patterns of abuse, and if yes, whether such audits have discovered abuse.
- Why has DHS still not adopted a policy for the use of commercial location data, as you recommended in 2023.
Sens. Welch and Wyden are joined on the letter in the Senate by Sens. Alex Padilla (D-Calif.), Richard Blumenthal (D-Conn.), Andy Kim (D-N.J.), Chris Van Hollen (D-Md.), Adam Schiff (D-Calif.), Brian Schatz (D-Hawaii), Rev. Raphael Warnock (D-Ga.), Angela Alsobrooks (D-Md.), Ben Ray Luján (D-N.M.), Cory Booker (D-N.J.), Jeff Merkley (D-Ore.), Ed Markey (D-Mass.), Elizabeth Warren (D-Mass.), and Tammy Duckworth (D-Ill). In addition to Rep. Espaillat, the letter is signed by over 50 members of the House of Representatives. Read the full list here.
Read and download the lawmakers’ full letter to DHS Inspector General Cuffari.
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