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DHS Oversight Gutted as Agency Seeks to Expand Surveillance Capabilities

Rights & Justice· 2 sources ·Mar 8
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Dismantling of Watchdog Teams

Court records reveal that the Trump administration has significantly reduced the oversight capabilities of the Department of Homeland Security (DHS), leading to thousands of uninvestigated complaints regarding immigration detention conditions and agents' use of force. The dismantling of independent watchdog teams within the DHS has sparked a lawsuit in federal court in Washington DC, brought by the Robert and Ethel Kennedy Human Rights Center, the Southern Border Communities Coalition, and the Urban Justice Center against the DHS and newly ousted homeland security secretary Krisi Noem. These groups allege that the DHS and Noem exceeded their powers by eliminating the watchdog offices.

Complaint Investigation Rates Plummet

From late March to 12 December 2025, the DHS civil rights watchdog office received nearly 6,000 complaints, but investigated only 183 of them directly, or 3%, according to a legal memo filed on 13 February. This is a significant drop from the 20% investigation rate previously maintained by the DHS office of civil rights and civil liberties (CRCL). The Trump administration has limited the methods people can use to submit civil rights complaints, now only accepting them in English, whereas previously 10 languages were accommodated.

Staffing Levels Drastically Reduced

Staffing levels at the DHS CRCL have been drastically reduced, with fewer than 40 people currently employed, including 25 to 30 outside contractors, according to a declaration by a DHS official in early February. Just before Trump returned to the White House last January, there were 147 full-time employees at the CRCL. The office of the immigration detention ombudsman (OIDO) now employs only five people, a steep decline from the 118 it had at the start of 2025, according to a declaration filed on 6 February by Ronald Sartini.

Deaths in Custody and Lack of Oversight

The CRCL reviewed "about 10" reports of people who died in immigration jails in 2025 but decided to investigate only one death, according to two separate filings by the DHS on 6 February. A total of 32 people died in immigration custody in 2025. Joseph Guy, deputy chief of staff to Noem and acting ombudsman for the OIDO, admitted in a 3 December deposition that he had never seen the 15-year-old manual outlining standards for managing conditions in immigration detention centers.

Pursuit of Travel Surveillance Tool

The DHS and the US Secret Service have requested feedback from the private sector on whether a tool for tracking US travelers' flights and other personal information can be built, according to documents reviewed by Mother Jones. The request was posted on the government's database for contractors. The Secret Service envisions a program providing real-time access to passenger names, origins, destinations, flight numbers, ticket numbers, and forms of payment, gleaned from third-party ticketing sites. Tom Bowman, policy counsel with the Center for Democracy and Technology's Security & Surveillance Project, said travel records reveal deeply personal information, including medical care, family relationships, political activity, or religious practice.

Broader Expansion of DHS Surveillance

The request for increased access to flight data comes amid an expansion of DHS spying capabilities, fueled by the commercial data broker industry. In January, the DHS requested feedback on using "commercial Big Data and Ad Tech" in ICE investigations. The DHS inspector general previously found that ICE's use of real-time cellular location data had violated privacy laws. Sen. Ron Wyden (D-Ore.) and Rep. Adriano Espaillat (D-NY) led over 70 Congressional Democrats in calling for a new investigation into the DHS's latest cellphone data purchase on March 4.

Concerns Over Constitutional Rights

Critics argue that the DHS's expanded surveillance practices undermine Fourth Amendment protections against unreasonable government searches. Bowman said purchasing information from data brokers weakens these protections.

How others covered this story
The Guardian US Leans Left
Court records reveal gutting of DHS oversight: ‘Incredibly dangerous’
The Guardian frames the story as a direct consequence of the Trump administration's policies, highlighting the dismantling of oversight mechanisms and linking it to a rise in deaths in custody. The language used, such as 'radically transformed' and 'incredibly dangerous,' emphasizes the negative impact of these changes.
Mother Jones Left
DHS Wants to Build a System to Surveil Americans’ Travel Records
Mother Jones frames the story around DHS's pursuit of a new surveillance tool, emphasizing the potential for tracking US travelers' personal information. The focus is on the expansion of surveillance capabilities and the implications for privacy, rather than the dismantling of oversight.

Sources (2)

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