Goodlatte: Constitutionally-Protected Activities Don’t Warrant Heavy-Handed Surveillance

Goodlatte presses ICE on its use of license plate readers at gun showsWashington, D.C. – House Judiciary Committee Chairman Bob Goodlatte (R-Va.) today pressed U.S. Immigration and Customs Enforcement (ICE) Director Sarah Saldaña on the agency’s enlistment of local law enforcement to conduct surveillance on law abiding citizens at gun shows. A recent Wall Street Journal report indicates that ICE agents induced local law enforcement officers to scan license plates to collect data on individuals attending gun shows in California. ICE’s invasive use of license plate readers is particularly troubling since there is no written policy to govern this practice. “When attending a gun show, law abiding citizens are exercising their First Amendment right to peaceably assemble,” writes Chairman Goodlatte. “Further, if they are purchasing or otherwise acquiring or possessing a firearm, they are exercising their Second Amendment right to keep and bear arms. These Constitutionally-protected activities should not subject gun show attendees to unwarranted and heavy-handed surveillance practices by their government.” In the letter, Chairman Goodlatte requests that Director Saldaña provide detailed information about ICE’s questionable use of license plate readers, including the number of gun shows ICE surveilled and how many license plates were recorded. Below is the text of the letter. The signed copy can be found here.

October 4, 2016 The Honorable Sarah R. Saldaña, Director U.S. Immigration and Customs Enforcement 500 12th St., SW Washington, D.C. 20536 Dear Director Saldaña, Recent media reports indicate that U.S. Immigration and Customs Enforcement (ICE) agents induced local law enforcement officers to scan license plates to collect data on individuals attending gun shows in California. If true, this invasive investigative tactic poses many serious concerns for millions of law abiding Americans.  Also troubling is the report that ICE has no written policy governing the use of license plate readers. While the use of license plate readers is a valid law enforcement tool when properly used, this does not appear to be the case in this situation.  When attending a gun show, law abiding citizens are exercising their First Amendment right to peaceably assemble.  Further, if they are purchasing or otherwise acquiring or possessing a firearm, they are exercising their Second Amendment right to keep and bear arms.  These Constitutionally-protected activities should not subject gun show attendees to unwarranted and heavy-handed surveillance practices by their government. In order for this Committee to more fully understand why ICE would employ this technique under such questionable circumstances, please provide a written response to the below questions and make ICE staff available for a briefing on this matter no later than October 14, 2016.

1. Please provide a copy of all ICE polices governing the use of license plate readers.  If there are no policies, please explain why none have been developed.
2. At how many gun shows did ICE record or make a request to another law enforcement agency to record the license plates of the gun show attendees?  Please indicate the dates and locations of the gun shows described above.  Please provide all documents, communications or other materials ICE prepared, sent or received pertaining to the gun show operations described above.
3. How many license plates were recorded during these operations?
4. Does ICE still maintain the records of the license plates recorded at gun shows?  If so, for what reason and how long does ICE intend to maintain that information?  If not, what became of them?
5. How many arrests or investigative leads were obtained because of these operations?
6. Which law enforcement agencies agreed to scan license plates at the request of ICE?  Did any law enforcement agencies refuse such a request?  If so, please identify the agencies that declined.
7. Does ICE have any ongoing operations or planned operations at gun shows?

Thank you for your prompt attention to this very important matter.  Should you have any questions concerning this request, please contact Jason Cervenak or Tracy Short on the House Judiciary Committee staff at 202.225.3951.  I look forward to your response. Sincerely, Bob Goodlatte Chairman