ICE in New York has a spy tool to hunt undocumented immigrants via their cell phones
ICE is spying on cell phones and acquiring call records to hunt down undocumented immigrants, even in the supposed "sanctuary city" of New York.
UNIVISION 41, 17 OCT 2019 – 08:27 AM EDT
Federal immigration agents in New York City were permitted to use a powerful surveillance device called a “stingray” that spies on cell phones to track down an undocumented immigrant, according to court documents. His crime? Illegally re-entering the United States after being deported.
This marks the second time journalists have caught ICE using this controversial spy gadget in a deportation case during the Trump administration, showing how far the agency will go to advance the president’s zero tolerance policy on illegal immigration.
The stingray was initially perceived as a spy tool for hunting down terrorists, but in recent years it has been increasingly used -- in secret – by federal law enforcement and local police. This has sparked major privacy concerns.
In 2015, ICE established internal rules for using such an invasive technology “in furtherance of criminal investigations.” However, ICE considers it a sufficient crime if a person merely returns to the United States after being deported.
Valente Palacios Tellez, 33, is now in federal jail. On Wednesday, October 16, he was sentenced to a year in prison and awaits deportation proceedings.“I think it’s too much, because my brother isn’t a murderer. He’s not a terrorist,” said his older sister, who spoke to us on condition of anonymity because she fears reprisal from ICE.
Throughout Palacios Tellez’s criminal court case this year, the federal prosecutor never revealed that the government had resorted to spying on his phone. His own federal defense lawyer, Mildred Whalen, did not know ICE spied on his phone until Univision 41 Investiga contacted her in July.
Despite lengthy interviews, Whalen declined to comment on this piece. Palacios Tellez declined an interview from jail, fearing that it would affect his case and present a danger upon his return to Mexico.
As a result of our work, the office of Federal Defenders of New York in Brooklyn is now reviewing its criminal immigration cases to see if federal agents used stingrays without notifying defense lawyers.
The details of this case surprised Jerome Greco, a surveillance technology expert and attorney at the Legal Aid Society, which provides public defense to people accused of crimes in New York City.
“They are using it to track somebody down that they think could be deported,” he said. “The fact that we’re using such a powerful, invasive technology for a charge of that sort… is completely excessive and unnecessary.”
“It’s a slippery slope. The more instances we allow this to be used, the more accepted it will become,” he added.
Illegal entry
Palacios Tellez was 17 years old in 2003 when left his Mexican hometown near the city of Puebla to seek economic opportunity in the United States. He was caught trying to cross the border four times in the week before Thanksgiving that year. He succeeded on his fifth attempt and started to work construction jobs in New York City.
He started a family here, had a daughter, and worked six days a week for a nearly a decade, according to family members.
But an hour before sunrise on November 10, 2012, Palacios Tellez got into a drunk fight outside a restaurant on 5 th Avenue in Brooklyn. According to the police report, an NYPD officer saw him pull out a boxcutter and attack another man. The other man was sent to Lutheran Hospital with cuts on his wrist and arm.
Palacios Tellez was convicted of a felony, sentenced to two years in state prison, and he was deported in the summer of 2014.
But he managed to make his way back to Brooklyn, where he could see his teenage daughter. He continued to work in construction and met a new partner, Maria Cruz.
Then on February 3, 2019, Palacios Tellez got into another drunk fight and was arrested by NYPD. The charges were dropped, and the case was dismissed. But sealed court records obtained by Univision 41 Investiga show that an “ICE detainer” was placed on him, as the federal agency became aware that Palacios Tellez was back in the country.
How they found him
ICE, using the address listed in his NYPD arrest report, tried to find him at his two sisters’ home in Brooklyn’s neighborhood of Kensington, according to court records. They stopped by the home every week in April, but he had already left and moved in with his girlfriend six miles away. They finally convinced one sister to turn over her cell phone, and on it they found one phone number listed under “Val.”