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Court Filings: ICE App Identifies Protesters; Global Entry, PreCheck Get Revoked(viewfromthewing.com)
211 points by datsci_est_2015 a day ago | 84 comments
  • elmerfuda day ago

    So that whole not using facial recognition and deleting the data after use wasn't real. How shocking. You wonder why the NRA has such a strong lobby against gun registration. It's for the same reasons. Political abuse of exercising of rights.

    By the time this makes it through the courts people will have forgotten.

    • JumpCrisscrossa day ago |parent

      > that whole not using facial recognition and deleting the data after use wasn't real

      What are you referring to?

      • blindeda day ago |parent

        https://www.usatoday.com/story/travel/news/2025/05/20/tsa-fa...

        "According to the TSA, your information is generally deleted shortly after you pass the screening process and is not used for surveillance purposes."

        • JumpCrisscrossa day ago |parent

          You submit permanent biometrics as part of PreCheck and Global Entry. DHS is presumably using those data for identification.

          • datsci_est_2015a day ago |parent

            Is DHS’s usage against the stated purpose of the biometrics collection? Was there even a stated purpose?

            • lazidea day ago |parent

              The stated purpose for biometrics and photos with PreCheck and Global Entry is to identify you, so it’s not likely against its stated purpose to use it for identification, per-se.

              Now using it to target protesters? Meh.

              • BloodyIrona day ago |parent

                Consider the information can be used for more than just identifying you... if you have sufficient quality biometrics they can be used to _impersonate_ you, including "fingering" you for things you didn't do. Police forces have "planted" evidence for decades now, biometrics can be just another thing that can be planted. The problem is, you can't fight it, because it's absolutely unique to you (with some extreme exceptions).

                This is one of _many_ reasons why biometrics need to be a personal civil liberty. The individual must have the right to say "no" to _any_ "requirement" for giving up biometric data, unless they are convicted as a criminal (IMO). Because once you deliver that information, you _cannot_ trust any other party _to actually do what they say will do and destroy said data_, and that's not even considering just poor storage of said data.

                Once your biometrics are in a database, you're fucked *for life* because it's completely unrealistic to have it destroyed with absolute certainty. This needs to be a *global human right*, as hard as those are to come by still.

                • lazidea day ago |parent

                  I don’t disagree. What will (and is) actually happening is every government everywhere is rushing to get these systems setup ASAP.

                  • NotSammyHagara day ago |parent

                    But it's still awful. It doesn't matter at this moment that other governments may be doing this. We don't want that for us (and I don't want it for others either).

                    • lazidea day ago |parent

                      Ok, but clearly they don’t care?

              • datsci_est_2015a day ago |parent

                Identify you when though? Important question I guess

                • lazidea day ago |parent

                  The US has been using ICE a lot.

                  Guess who is doing the identifying - CBP and ICE. Guess who runs borders and immigration, which is the use case for PreCheck and Global Entry?

                  Guess what the stated jurisdictional limits are for CBP? 100 miles from any possible border [https://legalclarity.org/immigration-map-of-us-jurisdictiona...].

                  Guess who has essentially unlimited jurisdictional limits? ICE.

                  So they can pretend they are ‘checking for immigration status’ using the existing photos and biometrics, while simultaneously gathering information on who is at what protest.

                  Then the info gets shared once gathered - with or without plausible deniability - and blam. Bobs your uncle.

                  • defrosta day ago |parent

                    > Guess what the stated jurisdictional limits are for CBP? 100 miles from any possible border

                    To quote a prominent US historian:

                      In a constitutional regime, such as ours, the law applies everywhere and at all times. In a republic, such as ours, it applies to everyone. For that logic of law to be undone, the aspiring tyrant looks for openings, for cracks to pry open.
                    
                      One of these is the border. The country stops at the border. And so the law stops at the border. And so for the tyrant an obvious move is to extend the border so that is everywhere, to turn the whole country as a border area, where no rules apply.
                    
                      Stalin did this with border zones and deportations in the 1930s that preceded the Great Terror. Hitler did it with immigration raids in 1938 that targeted undocumented Jews and forced them across the border.
                    
                    * https://snyder.substack.com/p/lies-and-lawlessness
                  • JumpCrisscrossa day ago |parent

                    > Guess who runs borders and immigration, which is the use case for PreCheck and Global Entry?

                    Not ICE?

                    > Guess who has essentially unlimited jurisdictional limits? ICE.

                    ICE thinks that. The courts are disagreeing.

                    • lazidea day ago |parent

                      First question - CBP, as noted.

                      Unlimited jurisdictional limits - and the courts will enforce this with whose army? As it were.

                      ICE isn’t allowed to act on citizens either, and yet here we are.

                      • laughing_mana day ago |parent

                        That last part isn't true. Citizens who impede ICE officers in the performance of their duties can be arrested by ICE. That is specifically written into the law, and it's a statute that can be interpreted pretty broadly.

                      • JumpCrisscrossa day ago |parent

                        > ICE isn’t allowed to act on citizens

                        By law or policy?

                        • 5ykha day ago |parent

                          It’s not legal to deport U.S. citizens but they have anyway. A judge in Minnesota has said that ICE has violated around 100 court orders. We are living in a personalist dictatorship. The courts are ignored when their rulings are inconvenient.

                          • JumpCrisscrossa day ago |parent

                            This doesn’t even remotely address the question.

                            • 5ykh20 hours ago |parent

                              The answer to your question is irrelevant. ICE does whatever the dictator tells it to. Legal basis vs. policy basis no longer matters.

                              The question you asked, as pointed out, is a non sequitor given the reality of what’s going on.

                              • JumpCrisscross13 hours ago |parent

                                > The question you asked, as pointed out, is a non sequitor

                                Not what non sequitur means nor how it’s spelled. And repeating a point in the same comment doesn’t count as pointing it out previously.

                                To the extent there is non sequitur in this thread, it’s in jumping into a legal discussion halfway to argue the law doesn’t actually matter because you feel like it.

                                • 5ykh13 hours ago |parent

                                  Ah. My bad spelling. That is a great, pertinent thing to point out. I did abuse the meaning of non sequitor. I was trying to convey a sense that is lost on you without writing a treatise. The law doesn’t matter because we are living in a personaist dictatorship. Asking for the policy or legal basis of ICE’s actions is pointless and ignores the reality that ICE doesn’t care about this and no authority in the country is willing and/or able to stop their abuses.

                            • lazidea day ago |parent

                              Not who you are responding too, but I tried to look up the legal justifications behind ICE and it’s a mess. Good luck untangling it!

          • blindeda day ago |parent

            For sure, just sharing why someone might think they delete the data!

    • _DeadFred_12 hours ago |parent

      Reminder what they are doing to the brave Americans who refuse to let the secret police operate in secret (we have the Constitutional right to observe them, we don't do secret police in the USA):

      https://www.mprnews.org/story/2026/01/30/st-peter-police-chi...

      Chicago Woman Shot 5 Times By Border Agents Will Testify In Washington Next Week https://blockclubchicago.org/2026/01/29/chicago-woman-shot-5...

      https://www.youtube.com/watch?v=CBd5qfRe0SY

      Thanks go out to tech for enabling these guys.

  • nerdsnipera day ago

    Better source? (Maybe?) https://arstechnica.com/tech-policy/2026/01/ice-protester-sa...

    • datsci_est_2015a day ago |parent

      Fair. I’ve seen this site posted on HN before, mostly in the context of business travel and tech in the airline industry, so I didn’t consider it too low quality.

  • runlevel1a day ago

    Global Entry and PreCheck are not going to be the only consequences. The people in these databases are considered to be domestic terrorists.

    Presidential Memorandum NSPM-7 includes "civil disorder" in its list of acts of "domestic terrorism." Its indicia of "terroristic activities" includes extremely vague language like "anti-Americanism, anti-capitalism" and "extremism on migration, race, and gender" and "hostility towards those who hold traditional American views on family, religion, and morality".[^1]

    I sincerely hope that the engineers responsible for these technologies have fully grasped where things seem headed. This country is teetering on a knife's edge. Maybe more precariously than we know. Nobody can know for sure if we've tipped too far until it's too late.

    The economy cannot thrive in a vacuum of normalcy and stability. If things escalate into something akin to The Troubles... I hope that's factored into their cost-benefit analysis.

    [^1]: https://www.whitehouse.gov/presidential-actions/2025/09/coun...

  • g-b-ra day ago

    This is a first amendment violation, right?

    • JumpCrisscrossa day ago |parent

      Almost certainly. The law should also be amended to require conviction or settlement, not merely investigation, to revoke someone’s PreCheck or Global Entry status.

      • bri3da day ago |parent

        Overall you can have Global Entry revoked for almost anything; one of the clauses is “The applicant has been found in violation of any customs, immigration, or agriculture regulations, procedures, or laws in any country.” which falls dramatically short of a crime or investigation. There are many reports of GE revocation for stuff like failure to declare fruits at checkpoints.

        • necubia day ago |parent

          Expressing your first amendment right to protest is not “almost anything.” Historically, courts have taken very dim view of government retaliation for first-amendment protected activities.

          • ottaha day ago |parent

            It's trivial for the state to punish you and nearly impossible to assert your own rights. It is a very hard legal battle to get those rights acknowledged and upheld by the courts.

            • JumpCrisscrossa day ago |parent

              > nearly impossible to assert your own rights. It is a very hard legal battle to get those rights acknowledged and upheld by the courts

              What are you basing this on? This administration is constantly losing in court.

              • NotSammyHagara day ago |parent

                They lose but ignore that they have lost, just keep going, the courts aren't shutting them down very effectively.

              • SilverElfina day ago |parent

                They mean it’s costly - in time and money - so in practice random individuals who are abused by the government can’t defend their rights and simply have to accept losing them.

                Plus even if the administration loses, why would they care? They aren’t going to jail for those losses.

                • JumpCrisscrossa day ago |parent

                  > They mean it’s costly

                  Which is far from “nearly impossible.”

                  > even if the administration loses, why would they care? They aren’t going to jail

                  Neither is someone whose TSA PreCheck is revoked.

        • metadata day ago |parent

          How is attending a protest a potential violation of customs regulations? This doesn't track.

          • bri3da day ago |parent

            The argument, if there is one, would probably be that following ICE was a violation of an immigration procedure (note that the person who had their GE revoked doesn’t claim they attended a protest, but rather that they were following ICE and got their picture taken). Given what I’ve seen of GE revocations historically, though, it’s equally likely to have been something like “you lived with a felon” or “unpaid traffic ticket became a warrant” or “family member was accused but never convicted of an obscure crime.”

            There’s always been a pretty clear mantra that GE is a privilege not a right and that it’s always been an arbitrary and capricious system.

            In some ways I think maintaining GE is probably as hard or harder than maintaining a low level (ie Secret) security clearance; it seems to be based on similar databases and discretion with less transparency, human touch, or opportunity to appeal.

            They are at least (according to the 9th circuit) supposed to disclose why the GE was revoked though: https://cdn.ca9.uscourts.gov/datastore/opinions/2024/05/22/2...

          • JumpCrisscrossa day ago |parent

            > How is attending a protest a potential violation of customs regulations?

            FTFA: “Protesting isn’t a listed or ‘valid’ reason for having Global Entry revoked, but being arrested at a protest is. Impeding or interfering with the agency is. And being investigated is.”

            • throw2937374a day ago |parent

              Looks like this is a social credit system.

              • JumpCrisscrossa day ago |parent

                > Looks like this is a social credit system

                To the extent it’s a government program with any discretion, yes. In every other respect, no.

              • bri3da day ago |parent

                Global Entry absolutely is a completely voluntary social credit system? It’s an optional thing you literally subscribe to that says “I’m squeaky clean so I can skip the investigation line.”

                • toofya day ago |parent

                  right, but as the post above says:

                  > “Protesting isn’t a listed or ‘valid’ reason for having Global Entry revoked, but being arrested at a protest is… And being investigated is.”

                  its no secret they're declaring everything a protest. they are actively and seemingly randomly roaming, demanding ids, and then declaring everything from that moment forward a protest. this isnt imaginary, its happening regularly.

                  it’s no secret how many people they have arrested and released an hour or two later once they’re "investigated."

                  it’s also no secret that they’re simply arresting people, who arent at a protest, but who happen to be in the same street they’ve roamed to.

                  if they roam into my neighborhood, and if i were to be outside walking my dog, they demand my id which i probably wouldnt have because im just walking my dog. so they arrest me. hours later let me go because they’ve "investigated" and oops, just a neighbor out walking his dog..

                  if they've declared it a protest, this would mean i would have just been arrested and investigated at what they call a protest.

                  so now in this situation i would barred from global entry because they’ve declared everyone in their eyeline worthy of arrest and then wrongly arrested and investigated me?

                  what a cluster fuck. we need to get due process back, this is insanity.

                  not to mention that protesting, just like legally carrying a firearm is absolutely protected by the constitution and not at all a criminal offense. getting arrested at a protest because they dont like protesters is absolutely not a reliable indicator of any kind of illegality.

                • JumpCrisscrossa day ago |parent

                  > Global Entry absolutely is a completely voluntary social credit system?

                  They’re making analogy to China’s social-credit system. It would be like if Global Entry was held by most Americans and you needed it to get a credit card or board a train.

        • ajrossa day ago |parent

          Yes, but even so doing it because of protest is a restraint on speech, and that's expressly prohibited by the constitution.

          The first amendment may be frustratingly silent on fruit trade regulations, but it's 100% not unclear about abridging the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

      • tokyobreakfasta day ago |parent

        Trusted Traveller programs are a privilege and not a constitutionally protected entitlement. They can be revoked at any time for any reason and you don't get your money back. What law are you talking about? Show us where in the Constitution it says you're entitled to cut in line at the airport.

        We're now in the Find Out phase of "Let's fuck around with DHS and see if they take us off their club's VIP list".

        • overfeeda day ago |parent

          This is textbook retaliation. Your statement is akin to a manager firing their underling after their romantic advances are rejected, and quoting at-will employment laws. Sure, you can be fired for "any" reason - except retaliation - that is illegal.

        • amanaplanacanala day ago |parent

          "Congress shall make no law". If there is a law, it's unconstitutional. If there is no law, then how is the executive doing it? By what constitutional authority?

        • datsci_est_2015a day ago |parent

          Personally, I don’t think that anyone should be speaking authoritatively on this subject because it seems to me to be untested constitutional law, unless a constitutional scholar would like to chime in.

          In which case, it’s up to the Supreme Court to either explicitly (through judgment) or implicitly (through denying a hearing of the case) decide.

          • peytona day ago |parent

            Ok, I am a Constitutional Scholar and there is no way that not getting to jump the line at the airport is a “material adverse action” because you can simply get in line. In general, there need to be damages when you talk about liability.

            • datsci_est_2015a day ago |parent

              Welcome to the thread! I trust your expertise, but am a little put off by your flippant tone:

              > getting to jump the line at the airport is a “material adverse action”

              This is rhetorical device of framing. I could just as easily say:

              > Pretending to open an online cupcake shop and pretending to be forced to serve gay people isn’t a “material adverse action”

              And it would sound equally ridiculous, yet the highest court in the land ruled in that individual’s favor.

              • JumpCrisscrossa day ago |parent

                > This is rhetorical device of framing

                Is MAC a thing outside mergers?

              • tokyobreakfasta day ago |parent

                > am a little put off by your flippant tone

                I love this. You:

                1. Declare everyone stop talking until an actual expert can speak and educate us all

                2. An Actual Expert™ enters the chat and offers his expert opinion.

                3. You decide his opinion is bullshit after all, because it disagrees with what you had in mind, and accuse him of being flippant.

                • datsci_est_201515 hours ago |parent

                  I mean usually an Actual Expert pretends to inform and educate the people he’s interacting with. I didn’t really think he came across as informative or educational.

                • JumpCrisscrossa day ago |parent

                  Ha. I love this comment.

        • NotSammyHagara day ago |parent

          It's bad for all of us if there are privilege government entitlements. I disagree with the word privilege because anyone who hasn't been arrested seems to be able to get these things. I don't have one and haven't applied either, I should be able to get it I guess, at least before the fascists came to power.

      • aqme28a day ago |parent

        Heck, you can be on a terrorism watchlist and entirely barred from flying without a conviction

      • SilverElfina day ago |parent

        There are also no consequences for the president, his agency leaders, legislators, or anyone else involved in this when they violate the constitution. At best, the victims sue and get money from taxpayers. The law must be changed to remove all types of qualified immunity from anyone in a government position.

    • treetalkera day ago |parent

      Yes. Some would also say it violates a substantive due-process right to privacy.

    • kelnosa day ago |parent

      Absolutely. The problem is proving in court that the pre check / global entry revocations are a direct result of the protesting. The government has levers they can use to muddy the issue and claim that it's a coincidence.

      • g-b-ra day ago |parent

        I'm not sure that they want to hide it; in any case, if it's systematic there will be thousands of these "coincidences", enough to convince a judge or jury even without investigating the revocations

    • epicwynna day ago |parent

      Yes, but we don't have rights anymore until we go to court.

      The constitution is not a living document except in a courtroom, and even then it really depends on what the supreme court thinks of you.

      Whether or not that was true before this admin, it is clearly the case now.

    • apgwoza day ago |parent

      Yes. Except they are attempting to make the claim that protesters are interfering with federal operations, which is a crime. Therefore, they can try to make the claim that they are only investigating potential involvement in a crime, punish you, and file it under a violation of the terms of service for precheck and global entry. IANAL, etc, but this seems to be the strategy.

      • g-b-ra day ago |parent

        I don't think that terms of service can override the constitution, in any case

    • SilverElfina day ago |parent

      Yes. So are raiding a WaPo journalist’s home, arresting observers / recorders of ICE activity, threatening to arrest teachers for speech, forcing the Ten Commandments into classrooms, or shooting a civilian who is legally carrying a firearm at a protest, etc. These are all positions of Trump or key members of his administration.

      It’s clear the constitution is something in their way, not something they respect. By violating it a little bit each day, it’ll lose meaning and half the country will be primed to replace it.

    • nerdsnipera day ago |parent

      I mean, yes, because it's clearly intended to have a chilling effect on speech.

      But also Global Entry isn't really a thing, it's kind of just like a weird privilege some people can get ... because ... ??? It's just a fake-privilege thing. Taking it away doesn't actually prevent anyone from doing anything/going anywhere they would have anyways.

      • kelnosa day ago |parent

        It's a privilege pretty much anyone can get if they have a clean record, pay the fee, and do the interview.

        Taking it away can mean a much longer wait returning to the US. And while that certainly isn't an earth-shattering problem that is going to cost people their lives or general freedom, it is absolutely unconstitutional for the government to retaliate against someone for exercising their constitutional rights.

        The idea that you can be so dismissive about that concept is a bit chilling, to be honest.

        • nerdsnipera day ago |parent

          To be clear, I find it horrifying.

          I also find Global Entry, TSA Precheck, and especially Clear to all be problematic, along with the fact that people flying on private jets don't need to go through the same TSA checks that the rest of us do. Hell, I even think it's bad to have different lines at customs for citizens vs. non-citizens. I think the most-privileged of us should use the same public infrastructure as the least-privileged of us.

          My comment was a reflection of multiple different opinions on different topics.

  • BloodyIrona day ago

    The problem with biometrics, as in biologically unique biometrics (fingerprints, blood, retina, etc) is that once it's in a database, you're fucked *for life*. It's unrealistic to destroy said records with absolute certainty in the entirety of the universe. Data is pervasive, and biometric databases are likely the most lucrative data to sell and share.

    Biometrics are abusable in so many different ways, I probably don't know them all. But here's some thoughts around that.

    It's proven that police have for decades planted evidence to falsely incriminate individuals. Placing a gun at the scene of an occurrence is one example. The difference is if biometrics are "planted" they are biologically unique to you, and you have no reasonable way of disproving that "you did it".

    And then there's silently denying you. Whether it's a nation's border entity, or perhaps an insurance provider, biometric data can be used to uniquely identify you and connect you to things that *are* legal, but the Administration de jour doesn't "like" (read: LITERALLY RIGHT NOW). Say something to upset the babbis in the white house? Did you give your blood to 23andme? Your fingerprint to a government agency? Yeah, good luck getting in/out of the USA freely.

    Biometrics needs to be a *global and universal right to refuse*. In that, IMO you must be always able to say "no" and have it be legally binding to *any* entity saying "give me your XYZ biometrics", except _maybe_ if you're a *convicted* criminal.

    This goes far beyond the whole "I never thought about it that way" problems, this is a you're fucked for life if you give away any of it. It's time we make the time to get ahead of this problem that already exists.

    Join me.

  • SilverElfina day ago

    > You can lose Global Entry for complaining about a customs officer. Putting an apple from your flight in your bag, and then not declaring it can cost you your Global Entry. So can attempting a coup against the United States. So, too, now it seems just for protesting against government policy.

    This is incredibly scary and violating. It’s not in line with due process and our societal values. But I also wonder if the right realizes that they’ve slowly morphed into the same social credit score authoritarianism that they have criticized for years.

    • kelnosa day ago |parent

      > It’s not in line with [...] our societal values.

      The scary thing is that I think it is in line with the social values of a disturbingly sizeable, growing group of Americans.

  • Herringa day ago

    Reminder that the most reliable way to prevent the rise of the far right is to implement robust safety nets and low inequality, to reduce status anxiety and grievance.

    • zanecodesa day ago |parent

      The far right are largely the people voting against robust safety nets and low inequality...

      • Herringa day ago |parent

        That is true, but there is still the rest of the country, and Trump’s ratings are dropping as everyone finds out they don’t like fascism. I’m hoping we don’t just go back to business as usual.

      • steveBK123a day ago |parent

        The leaders of the right are against a robust safety net, yes.

        Populist right voters however hate socialism but also want the government to keep their hands off their medicare and social security.

        • jmyea day ago |parent

          And vehemently oppose any expansion of those things to people they want to suffer. Populist right voters hate the idea that there isn’t someone “below” them and will vigorously and violently oppose any attempts to alter the pecking order. Let’s not make excuses, here.

    • lII1lIlI11ll19 hours ago |parent

      > Reminder that the most reliable way to prevent the rise of the far right is to implement robust safety nets and low inequality, to reduce status anxiety and grievance.

      That is not a reminder, that is just, like, your opinion, man. Many countries with robust safety nets in Europe have far right parties rising in popularity significantly or already in the government/ruling coalition (Italy, Sweden, Germany, etc.).

    • relaxinga day ago |parent

      Reliable, now that’s a funny claim.

      Reminder the rise of the far right was pushed by wealthy who wanted to get wealthier. There was no grassroots movement of status anxiety or grievance.

      We had safety nets, they were no defense against the right.

    • SilverElfina day ago |parent

      That might be true, but I wonder if this advice is too late. Today, a lot of the right - not just far right but mainstream right - seems to be overtly supremacist. They don’t mind federal agencies tweeting out Nazi content. They don’t mind Trump hosting Nick Fuentes at his house. They don’t mind undoing the citizenship of lawful immigrants.

    • morkalorka day ago |parent

      This is solid advice for 30-40 years ago but today it's a little too late..

      • Herringa day ago |parent

        You can also look at it as early for 2070.

  • ChrisArchitecta day ago

    [dupe] Earlier: https://news.ycombinator.com/item?id=46823261

    • datsci_est_2015a day ago |parent

      I don’t think that this is a dupe, the ramifications of citizens being removed from Global Entry and PreCheck lists wasn’t part of the NYT article AFAIU.

      Curious that at its current score and comment count it’s no longer on the front page, despite being neither flagged nor marked as dupe.

      Edit: guess it’s flipping in between page 1 and 2 per refresh.