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 inside the country.
Sen. Ed Markey of Massachusetts sent a letter Monday to Border Patrol’s parent agency calling the license plate reader program an “invasive surveillance network” that “poses a serious threat to individuals’ privacy and civil liberties” and raised the possibility that the program may run afoul of the U.S. Constitution.
“Such pervasive surveillance — similar to surveillance conducted by authoritarian regimes such as China — not only chills lawful expression and assembly but also raises serious constitutional concerns. Without transparency, accountability, and clear limitations, these practices erode fundamental individual rights and set a dangerous precedent for unchecked government power,” Markey wrote in a letter asking the agency for details about the plate readers and their use.
An Associated Press investigation published last week revealed that the U.S. Border Patrol, part of U.S. Customs and Border Protection, is operating a predictive intelligence program monitoring millions of American drivers nationwide to identify and detain people whose travel patterns it deems suspicious. This includes concealed license plate readers embedded in ordinary traffic equipment and access to plate data collected by other law enforcement agencies.
The program has resulted in numerous stops, searches, and arrests based merely on algorithms flagging vehicles believed to be traveling suspiciously. Courts have generally upheld the legality of collecting license plate data on public roads, yet critics argue such surveillance could infringe upon Fourth Amendment rights.
Markey's concerns echo those from Rep. Dan Goldman, who highlighted on social media that if CBP is tracking Americans secretly and detaining based only on algorithms, it raises fourth amendment questions: “Driving isn’t probable cause” he stated, calling for transparency regarding the program.
Sen. Mark Warner also shared his concerns regarding the constitutionality of the practice, emphasizing that Americans should not fear undue scrutiny while traveling.
Despite the criticism, CBP officials have stated that their use of license plate readers aims at identifying threats and disrupting criminal networks while adhering to a strict legal and policy framework that ensures responsible application of the technology.
