TL;DR: March 5, 2026 is here: the deadline Congress gave DHS to explain ICE's PenLink surveillance contracts. The agency's response so far: nothing. ICE cancelled a scheduled briefing on February 10 with no explanation and hasn't rescheduled. Senator Wyden escalated to the Inspector General. Over 70 lawmakers now demand answers. ICE spent $2.3 million on tools that track phones without warrants, and the agency is stonewalling every attempt at oversight.
The Sound of Silence
Today is March 5, 2026. Two weeks ago, twelve House Democrats demanded that DHS provide a staff briefing by this date on ICE's purchase of PenLink surveillance tools.[1]
Those tools can track the location of every phone in a neighborhood. No warrant required.
As of this writing, DHS has not publicly responded. No briefing has been scheduled. The deadline arrived to silence.
This is a pattern.
The Cancelled Briefing
Senator Ron Wyden's office requested a briefing from ICE about the PenLink contract soon after it was reported in October 2025. ICE agreed. A meeting was set for February 10, 2026.
One day before that briefing? ICE cancelled. No explanation. No offer to reschedule.[2]
In response, over 70 Democratic lawmakers sent a letter to DHS Inspector General Joseph Cuffari on March 3 demanding an investigation into whether ICE is illegally purchasing Americans' location data.[3]
The lawmakers wrote that "ICE is now stonewalling congressional oversight into its purchase of location data."
They're right.
The Escalation
The pressure campaign is building:
- February 19: Rep. Shontel Brown leads 12 House members in demanding a March 5 briefing from Secretary Noem
- February 10: ICE cancels briefing with Senator Wyden's office without explanation
- March 3: Senator Wyden sends letter to DHS Inspector General requesting formal investigation
- March 3: Over 70 lawmakers join the call for an IG probe into illegal data purchases
- March 5: Congressional deadline arrives, still no response
The questions Congress wants answered haven't changed:
- What legal theory justifies mass surveillance without warrants?
- What internal communications led to the PenLink purchase?
- How is the location data stored and who has access?
- What safeguards prevent abuse?
ICE's answer to all four: *crickets*.
This Isn't New
ICE has been here before. A previous DHS Inspector General investigation found that ICE, CBP, and the Secret Service illegally purchased location data. That program supposedly ended in 2023.[4]
The IG recommended a department-wide policy on commercial data purchases. That policy was never implemented.
ICE resumed buying location data anyway.
The $2.3 million PenLink contract signed in September 2025 gives ICE access to Webloc, a tool developed by Israeli company Cobwebs Technologies that aggregates phone location data from mobile apps. No court order. No judge. Just a credit card.
Senator Wyden calls it "warrantless surveillance by credit card." The Fourth Amendment has a loophole, and ICE drives a truck through it daily.
What Happens Now?
Congressional deadlines aren't legally binding. DHS can ignore them. The consequence is political, not legal.
But the IG investigation is different. Inspector General Joseph Cuffari now has a formal request from over 70 members of Congress to probe ICE's data purchases. That investigation could produce:
- Subpoenaed documents showing what ICE knew and when
- Legal analysis of whether purchases violated the Privacy Act
- Policy recommendations that actually stick this time
- Public reports that expose the surveillance machinery
Or it could produce nothing. The Trump administration has shown willingness to fire inspectors general who investigate inconvenient truths. Cuffari's independence will be tested.
The Bigger Picture
This isn't just about PenLink. NPR published a comprehensive investigation yesterday documenting ICE's full surveillance apparatus: facial recognition, license plate readers, social media monitoring, administrative subpoenas targeting critics, and data-sharing agreements that give ICE access to Medicaid records.[5]
PenLink is one tool in an arsenal. The arsenal is growing. Congressional oversight is failing.
When ICE cancels briefings and ignores deadlines, they're betting that no one will force accountability. So far, that bet is paying off.
What You Can Do
Contact Your Representative
Ask if they've signed onto the IG probe request. If not, ask why not. The letter is still open for signatures.
Disable Location Tracking
iPhone: Settings → Privacy → Location Services → Review each app
Android: Settings → Location → App permissions → Set most to "Don't allow"
Delete Your Advertising ID
This is the identifier data brokers use to track you. Follow our guide to remove it completely.
Request Your Data
File a Privacy Act request with DHS to see what data they have on you. It takes months, but you have the right.
We're Watching
We'll update this story if DHS responds to the March 5 deadline or if the Inspector General opens a formal investigation. Bookmark this page for updates.
Silence is a response. It just isn't accountability.
References
- Rep. Shontel Brown - Oversight Letter to DHS on ICE's Mass Surveillance Tech (February 2026)
- The Register - 70 US lawmakers demand probe into ICE's data purchases (March 2026)
- Senator Wyden - Letter to DHS Inspector General on ICE Location Data Purchases (March 2026)
- Biometric Update - ICE Use of Commercial Phone Tracking Tool Draws Congressional Scrutiny (February 2026)
- NPR - ICE has spun a massive surveillance web. We talked to people caught in it (March 2026)