The Department of Homeland Security (DHS) inadvertently allowed Chicago police records to remain on a federal server for seven months, violating domestic espionage rules. The data in question was related to gang ties and had been requested by DHS's Office of Intelligence & Analysis (I&A) as part of an experiment to test whether such data could be used to surface undocumented gang members at airport security checkpoints or border crossings.
The records, which included names, addresses, birth dates, and alleged gang affiliations, were originally intended for a limited period only. However, the officer who initiated the request had left his post by January 2022, and it took several months before anyone noticed that the data was still on the server. The lack of awareness among top I&A officials about the ongoing retention of US-person data has raised concerns about oversight failures.
According to internal memos reviewed by WIRED, the dataset was first requested in June 2021 and had been accessed over 32,000 times by immigration officers. The records contained numerous errors, including people purportedly born before 1901 and others who appeared to be infants. Some individuals were listed as gang members but not linked to any particular group.
The incident highlights how federal intelligence agencies can sidestep local sanctuary laws, allowing them to access sensitive data on American citizens without proper oversight. "This is a workaround to so-called sanctuary protections that limit cities like Chicago from direct cooperation with ICE," said Spencer Reynolds, a senior counsel at the Brennan Center for Justice.
The DHS's budget will soon exceed $191 billion, and its leaders are pursuing technologies to fuse sensitive data across agency systems. The department has been criticized for its lack of transparency and oversight in handling intelligence work. "Robust oversight has long taken a back seat at the department," Reynolds added.
In response to public pressure, Chicago police proposed a new system with published criteria, an appeals process, and a five-year removal rule for anyone without new qualifying offenses. However, it is unclear whether this change was implemented as promised.
The incident raises concerns about how federal agencies are handling sensitive data on American citizens, particularly in the context of immigration enforcement. "Thanks to how the government characterizes people with some connection to a cartel as 'terrorists,' it could impact the lives of millions more people in this country," Reynolds warned.
The records, which included names, addresses, birth dates, and alleged gang affiliations, were originally intended for a limited period only. However, the officer who initiated the request had left his post by January 2022, and it took several months before anyone noticed that the data was still on the server. The lack of awareness among top I&A officials about the ongoing retention of US-person data has raised concerns about oversight failures.
According to internal memos reviewed by WIRED, the dataset was first requested in June 2021 and had been accessed over 32,000 times by immigration officers. The records contained numerous errors, including people purportedly born before 1901 and others who appeared to be infants. Some individuals were listed as gang members but not linked to any particular group.
The incident highlights how federal intelligence agencies can sidestep local sanctuary laws, allowing them to access sensitive data on American citizens without proper oversight. "This is a workaround to so-called sanctuary protections that limit cities like Chicago from direct cooperation with ICE," said Spencer Reynolds, a senior counsel at the Brennan Center for Justice.
The DHS's budget will soon exceed $191 billion, and its leaders are pursuing technologies to fuse sensitive data across agency systems. The department has been criticized for its lack of transparency and oversight in handling intelligence work. "Robust oversight has long taken a back seat at the department," Reynolds added.
In response to public pressure, Chicago police proposed a new system with published criteria, an appeals process, and a five-year removal rule for anyone without new qualifying offenses. However, it is unclear whether this change was implemented as promised.
The incident raises concerns about how federal agencies are handling sensitive data on American citizens, particularly in the context of immigration enforcement. "Thanks to how the government characterizes people with some connection to a cartel as 'terrorists,' it could impact the lives of millions more people in this country," Reynolds warned.