Lawfare Archive: Sejal Zota on ICE Tracking Technologies
Feb 2, 2025
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Sejal Zota is the Legal Director of Just Futures Law, focused on strategic litigation for immigration advocacy. In the discussion, she unpacks the Intensive Supervision Appearance Program run by ICE, emphasizing the surveillance tactics like GPS tracking and facial recognition. Privacy concerns and the psychological toll on the monitored individuals take center stage. Zota challenges the normalization of such invasive measures as alternatives to detention, advocating for better support and protections for those affected.
The Intensive Supervision Appearance Program uses invasive tracking technologies, raising serious privacy concerns and significantly harming the mental well-being of monitored individuals.
Despite its intention to serve as an alternative to detention, ISAP's increased surveillance measures suggest a growing focus on oversight over genuine immigration relief.
Deep dives
ISAP Overview and Its Purpose
The Intensive Supervision Appearance Program (ISAP) is administered by Immigration Customs Enforcement (ICE) as an alternative to detention for individuals seeking asylum or other immigration relief. This program employs various tracking technologies to monitor individuals who are released from detention, aiming to ensure compliance with release conditions and attendance at court hearings. Contrary to its intention, the program has expanded monitoring measures, resulting in more immigrants being subjected to surveillance rather than providing a true alternative to detention. Over the years, the budget allocated to ISAP has dramatically increased, indicating that the program has become less about providing relief and more about imposing additional layers of oversight on immigrants.
Technological Tools Used in ISAP
ISAP utilizes multiple forms of tracking technologies, including GPS ankle shackles, voice print verification, and a facial recognition app called SmartLink. The GPS monitoring system enables ICE to track an individual's location continuously, with the capacity to retrieve real-time data. Meanwhile, the voice print verification process requires individuals to confirm their identity through voice calls, and the SmartLink app facilitates various communications with ICE, although it also raises significant privacy concerns. Critics argue that these surveillance technologies lead to physical discomfort and don't account for individual privacy rights while creating an environment of constant monitoring.
Impacts of Surveillance on Individuals
The invasive surveillance imposed by the ISAP program negatively affects the health and mental well-being of individuals subjected to it. Reports indicate that most participants with ankle monitors experience serious health issues, such as skin irritation and mental distress from being constantly monitored. This surveillance not only disrupts daily life but also damages relationships, as individuals feel stigmatized when wearing tracking devices in public. The psychological burden of knowing their movements are being tracked contributes to social isolation, making it challenging for individuals to maintain daily routines including work and family interactions.
Concerns Over Surveillance Practices
Opponents of the ISAP program question both its effectiveness and ethical implications, arguing that increased surveillance does not equate to better compliance or outcomes for immigrants. Evidence shows that support systems, rather than surveillance, could enhance compliance rates, suggesting alternatives may exist that do not infringe on individual privacy rights. The reliance on surveillance technology raises broader societal questions about privacy, civil liberties, and the direction of U.S. immigration policies. Many advocates assert that instead of expanding ISAP and its surveillance scope, a reevaluation of immigration practices that prioritize support over monitoring is necessary for establishing a fairer system.
From May 9, 2022: Many individuals seeking asylum or other forms of immigration relief in the U.S. are subject to a program run by Immigration Customs Enforcement, or ICE, called the Intensive Supervision Appearance Program, which uses various kinds of tracking technologies as a way of keeping tabs on individuals who are not detained in ICE custody.
Stephanie Pell sat down with Sejal Zota, legal director of Just Futures Law, to talk about this program and the kinds of tracking technologies it employees. They discussed what is publicly known about these technologies, the privacy concerns associated with them, as well as some of the harms experienced by individuals who are subjected to the surveillance. Not withstanding these concerns, they also discussed whether the Intensive Supervision Appearance Program is a reasonable alternative to ICE detention, considering ICE’s need to keep track of individuals who are both seeking immigration relief and who may be ordered removed from the U.S. if that relief is not granted.
