Immigrants are not Felons: A Legal Analysis of Immigrants’ Civil Rights Chilling Effect Issues Caused by Ice’s SmartLINK App Surveillance

Abstract

ABSTRACT This article discusses the chilling effect impact on immigrants’ freedom of speech resulting from recent Immigration and Customs Enforcement (ICE) surveillance processes utilizing the SmartLINK app and Alternatives to Detention (ATD) program. Further, this article brings privacy abuses of immigrants to U.S. lawmakers’ attention, as well as possible violations of Fourth Amendment rights related to personal networks that apply to U.S. citizens and legal permanent residents alike. Finally, this manuscript provides legal recommendations that might be used as a panacea to solve the problem of ICE surveillance of immigrants.