EFF Files Lawsuit Against DOJ and DHS to Uncover Information About Removed ICE-Tracking Apps

The Electronic Frontier Foundation (EFF) has filed a lawsuit against the US Department of Justice and the Department of Homeland Security in order to “uncover information about the federal government demanding that tech companies remove apps that document immigration enforcement activities in communities throughout the country.”

The lawsuit comes in response to multiple ICE-tracking apps such as ICE Block, Red Dot, and DeICER being taken down from Apple and Google’s app stores. The apps were removed due to demands from law enforcement.

"We're filing this lawsuit to find out just what the government told tech companies," said EFF Staff Attorney F. Mario Trujillo. "Getting these records will be critical to determining whether federal officials crossed the line into unconstitutional coercion and censorship of protected speech."

The EFF argues Americans have a right to record law enforcement activities as part of their first amendment rights. This could mean government demands for third parties to take down apps that don’t violate the law are unconstitutional.

The EFF previously had filed a Freedom of Information Act (FOIA) request for “records and communications about agency demands that technology companies remove apps and pages that document immigration enforcement activities.” According to the EFF, none of the agencies responded.

Google continues to host a Customs and Border Protection (CBP) app that uses facial recognition to identify immigrants, while describing ICE agents as a “vulnerable group.” Big Tech companies’ behavior clearly shows which side they’re on.