By Christina Maas

Was the entire immigration reform rhetoric just a prelude to broadening government spying?

Let’s take a closer look: immigration became a hot-button campaign issue, with plenty of talk about “welcoming” migrants, combined with a healthy dose of hand-wringing about border security. Now, however, critics are uncovering what looks like the real priority—an enhanced federal surveillance operation aimed at monitoring not just new arrivals, but American citizens too. In the name of keeping tabs on who’s coming and going, the administration sank more than $100 million into a social media surveillance system designed to keep an eye on everyone.

The Department of Homeland Security (DHS) first flirted with these powers under Trump’s presidency, when ICE officials began monitoring social media under the guise of protecting the homeland. The Biden-Harris administration, having previously expressed horror at Trump-era excesses, took a softer tack, but actually increased mass surveillance. They rebranded the initiative as the Visa Lifecycle Vetting Initiative (VLVI), a name that practically exudes bureaucratic charm while implying a methodical, visa-centric approach. But if it was just an immigration program, why was it scanning communications between Americans and their international friends, family, or business contacts?

According to a lawsuit from the Electronic Frontier Foundation (EFF), the program evolved into something much larger than a mere visa vetting system. The scheme entailed broad surveillance of communications and social media activity, conveniently sidestepping pesky things like “probable cause” or the First Amendment. “Government officials peering through their correspondence with colleagues visiting from overseas and scrutinizing the opinions expressed in their communications and their work,” read a lawsuit that laid bare the VLVI’s invasive nature. What started as a system to vet foreigners’ eligibility to enter the U.S. quietly metastasized into an excuse to monitor anyone who dared connect across borders.

We obtained a copy of the lawsuit for you here.
We obtained a copy of documents batch one for you here.
We obtained a copy of documents batch two for you here.

Of course, in true Washington style, this story wouldn’t be complete without a twist of political theater. The administration’s rhetoric has leaned heavily on a supposed dedication to protecting civil rights and personal freedoms—while simultaneously doubling down on programs that do the opposite.

A Little Privacy, Please? DHS Puts American Social Media on the Watchlist
Ah, the Fourth Amendment — one of those quaint, old-timey Constitutional protections that grant Americans the basic human right not to be poked, prodded, or probed by their own government without a solid reason. It’s a promise that Washington will think twice before sifting through your life without a warrant. Yet somehow, in the age of social media, this Fourth Amendment right seems to be slipping into the hazy realm of memory, particularly when it comes to Uncle Sam’s latest pastime: keeping tabs on everyone’s online chatter under the banner of immigration vetting.

Welcome to the VLVI, a Homeland Security special that appears to have mistaken “security” for “surveillance.” This bureaucratic marvel was dreamed up as a means to monitor non-citizens and immigrants, ostensibly for national security. But according to recent lawsuits, it’s not just foreigners on the watchlist—average Americans now get to share the surveillance limelight too, all thanks to the Department of Homeland Security’s fondness for “indiscriminate monitoring” of citizen communications. And why? Because in the brave new world of VLVI, any American chatting online with an overseas connection might just be suspicious enough to keep an eye on.

A Sweeping “Security” Measure or Just Mass Surveillance?

Here’s where the Constitution starts to feel like an afterthought. Traditionally, the government can’t simply jump into your emails, texts, or online rants without a warrant backed by probable cause. The Fourth Amendment makes that pretty clear. But in the VLVI’s playbook, this notion of “probable cause” becomes something of a suggestion, more of a “nice to have” than a constitutional mandate. Instead, they’ve embraced an approach that’s less “laser-focused security effort” and more “catch-all dragnet,” casting wide nets over American citizens who happen to connect with anyone abroad—no illegal activity necessary.

Imagine you’re a US citizen messaging your friend in France about a summer trip, or maybe you’re just exchanging memes with a cousin in Pakistan. Under this initiative, that simple exchange could land you in a Homeland Security database, your innocent messages cataloged alongside the truly suspicious characters of the internet. And this is happening without any individual warrants, without specific suspicion, and in some cases, without probable cause. One might ask, exactly how does that square with the Constitution’s protections?

Privacy Protections? That’s for Other People

This is all a question of government trust and hypocrisy. The program began under a previous administration but was quickly shuttled along by the current one, despite its public stance championing privacy rights. There’s something ironic about politicians who rally for civil liberties in campaign speeches, only to maintain and expand government surveillance in office. The backlash has been predictably loud, and for good reason. Here we have a policy that effectively treats every social media user as a latent threat and a government that somehow expects people to swallow this as reasonable.

Critics have slammed this “watch-all” approach, pointing out that it doesn’t take a legal scholar to see how this might just cross a constitutional line or two. It’s not just Americans with foreign friends who are worried—it’s anyone who believes the government shouldn’t rummage through citizens’ lives without cause. “This type of program, where citizens’ digital lives are surveilled under a sweeping policy without individual warrants or specific reasons, sounds like an unreasonable search,” privacy advocates say.

The Price of a Free Society: Now With Less Freedom

Of course, VLVI supporters wave away these concerns with a dismissive “it’s for security” mantra as if that excuse covers every constitutional breach. And true, there’s little doubt that some level of monitoring is necessary to keep the truly dangerous elements out of the country. But we’re talking about ordinary people here, law-abiding citizens getting swept up in a bureaucratic machine that fails to distinguish between a casual chat and a credible threat.

When the government can tap into anyone’s social media profile because of a flimsy association, what’s left of the citizen’s “reasonable expectation of privacy”? In theory, the Fourth Amendment protects it; in practice, programs like VLVI gnaw away at it, one seemingly “harmless” violation at a time. If we keep pretending this is just another harmless tool in the security toolkit, we might as well hang up any remaining illusions about the privacy rights we’re supposedly guaranteed.

Just Another Step Toward a Surveillance State?

For Americans, it’s a chilling reminder that a swipe on Instagram or a chat on Facebook can mean more than just casual social interaction. For the DHS, it seems the message is clear: treat everyone as a suspect first, and figure out the legalities later. What happens to the expectation of privacy for ordinary Americans? It’s probably time we all start looking over our digital shoulders, because in the world of VLVI, “reasonableness” is a government privilege, not a citizen’s right.