Data Mining Adoptive Parents along with Suspected Terrorists

I’m a sucker for groups of adoptive kids. Like the time when a group of Michigan families with adopted Ethiopian kids had a rambunctious reunion at my favorite Ethiopian restaurant, with the owner catering to the kids like a grandparent. Or the time I shared a restaurant in Guangzhou with a bunch of French families who had just picked up their baby daughters; they somehow expected these girls who had lived in Chinese orphanages to immediately understand how to act like proper French kids.

There’s a lot that can be abusive in international adoptions, but when I see joyful gatherings like these, I’m awestruck by the faith such parents have in our common humanity.

Which is why I’ve been obsessing by one of the implications of this post. As I noted, DHS’s Inspector General helpfully explained that among all the other people in DHS’ IDENT database are the American citizens who had adopted internationally.

Individuals with fingerprints in IDENT include persons with an immigration history, such as aliens who have been removed but have reentered the country, immigration visa applicants, legal permanent residents, naturalized citizens, and some U.S. citizens.
IDENT includes two categories of U.S. citizens:

  • Citizens who have adopted a child from abroad (which involves U.S. Citizenship and Immigration Services), participated in a trusted traveler program, or may have been fingerprinted by immigration officials for smuggling aliens or drugs across U.S. borders;
  • Individuals who were not citizens at the time that their fingerprints were collected, but subsequently became citizens through naturalization, legal permanent residency, or immigration.[my emphasis]

Now, we can be pretty sure that when NCTC decided it needed to acquire US agency databases and data mine them with their existing terrorism databases, complete with the US person data they included, the IDENT database–the primary purpose of which is to track people who’ve come through the immigration system–was one of the first databases they went after.

Which is another way of saying the US persons in the IDENT database should assume they’ll also be in NCTC’s databases for five years. Including those parents who adopted children from China or Ethiopia or Guatemala or Romania.

“Well, if they’ve done nothing wrong they don’t have anything to be worried about.”

Perhaps. Except that the kind of people who adopt kids internationally may also tend to have reason for a significant number of international connections, whether because of religious faith, an effort to establish some tie to their child’s native country, or a comfort with international travel.

There are a lot of people whose biometric data shouldn’t be mined along with a bunch of terrorist suspects. At the top of that list, though, are families whose primary interaction with Bureau of Customs and Immigration Services entailed adopting a baby from another country.

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Emptywheel Twitterverse
emptywheel Abdo: Min procedures would be meaningless if Smith governed here.
3mreplyretweetfavorite
emptywheel Booyah. Abdo kills ratification "Many members of Congress not aware of program, those who were were not provided legal analysis of program."
5mreplyretweetfavorite
emptywheel Ut oh. No one brought up First Amendment, meaning no mention of Bates eliminating 1A protections last year.
7mreplyretweetfavorite
emptywheel Again, Delery, if the FISC is providing oversight, then your political branches argument fails.
8mreplyretweetfavorite
emptywheel Let's also talk abt how ODNI is still hiding dates on PRTT program bc they would reveal it lied to court in CA,
10mreplyretweetfavorite
emptywheel "What else haven't you let us know" beyond what ODNI declassified? Let's talk abt how they use phone dragnet w/EO12333 dragnet, judge!
11mreplyretweetfavorite
emptywheel Ut oh. Delery doesn't know answer to whether FISC imposed requirements beyond govt.
13mreplyretweetfavorite
emptywheel Delery's trying to have it both ways. says political branches set limit to program, but not relying on minimization procedures set by FISC
13mreplyretweetfavorite
emptywheel What's nutty as shit abt Delery's current arg is the FISC--not a political branch--sets and oversees minimization procedures.
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bmaz @bsdtectr no, but she isn't good.
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emptywheel I'm so old I remember when Justice Roberts said govt protocols (minimization procedures) not adequate to protect 4th.
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