DHS pauses human intelligence program over civil rights concerns

The Department of Homeland Security (DHS) has suspended a domestic intelligence program due to concerns that it may violate the civil rights of Americans.

The “Overt Human Intelligence Collection Program” is part of the Intelligence and Analysis Office (I&A), which oversees the collection of intelligence information in the United States. This program enables the I&A to interview almost anyone in the country, according to internal documents seen by Politico.

The DHS paused part of the I&A program last year after concerns were raised about the potential for violating the rights of those who were incarcerated, on parole, or otherwise in sensitive positions.

Some employees were worried about the legal grey area in which they operated and asked about government-covered legal liability insurance. Others were concerned about raising internal concerns about the I&A or reporting unconstitutional aspects of the agency.

An April 2021 document reviewed by the publication quoted an anonymous employee who said that the leadership of the I&A’s Office of Regional Intelligence “is ‘shady’ and ‘runs like a corrupt government.’”

Chad Wolf, the former acting head of DHS during the Trump administration, told Politico that the issues with the I&A were mostly due to the lack of proper leadership and a clearly defined mission. He added that the concept of I&A was sound, but putting it into practice had proven difficult.

DHS Under Secretary for I&A, Kenneth Wainstein, declined to comment on the human intelligence program. Wainstein said in a statement that “the true measure of a government organization is its ability to persevere through challenging times, openly acknowledge and learn from those challenges, and move forward in service of the American people. The Office of Intelligence and Analysis has done just that over the past few years.”

Legal experts say that collecting human intelligence can violate constitutional rights, as intelligence is gathered directly from people, rather than from other avenues such as satellites or forensics.

The I&A program reportedly allows agents to contact inmates, paroled individuals, or those awaiting trial without contacting their attorneys first. The agents are supposed to inform the interviewee that participation is voluntary and that nothing can be expected in return for helping the agents with intelligence collection. The interviewees are also supposed to be informed that they have no control over how the information they tell the agents can be used.

Criminals and those awaiting trial often negotiate deals with prosecutors by exchanging information for lighter sentences. Attorneys are also usually protective of their clients and do not recommend that they speak with law enforcement or prosecutors without legal counsel present. Conversations between criminals or charged persons and prosecutors often take place entirely through legal representation.

The news of the suspended I&A program coincides with impeachment threats against DHS Secretary Alejandro Mayorkas, who is being accused of mishandling the immigration crisis on the US southern border.