No Postal Service Data Sharing to Deport Immigrants

The law enforcement arm of the U.S. Postal Service (USPS) recently joined a U.S. Department of Homeland Security (DHS) task force geared towards finding and deporting immigrants, according to a report from the Washington Post. Now, immigration officials want two sets of data from the U.S. Postal Inspection Service (USPIS). First, they want access to what the Post describes as the agency’s “broad surveillance systems, including Postal Service online account data, package- and mail-tracking information, credit card data and financial material and IP addresses.” Second, they want “mail covers,” meaning “photographs of the outside of envelopes and packages.”

Both proposals are alarming. The U.S. mail is a vital, constitutionally established system of communication and commerce that should not be distorted into infrastructure for dragnet surveillance. Immigrants have a human right to data privacy. And new systems of surveilling immigrants will inevitably expand to cover all people living in our country.

USPS Surveillance Systems

Mail is a necessary service in our society. Every day, the agency delivers 318 million letters, hosts 7 million visitors to its website, issues 209,000 money orders, and processes 93,000 address changes.

To obtain these necessary services, we often must provide some of our personal data to the USPS. According to the USPS’ Privacy Policy: “The Postal Service collects personal information from you and from your transactions with us.” It states that this can include “your name, email, mailing and/or business address, phone numbers, or other information that identifies you personally.” If you visit the USPS’s website, they “automatically collect and store” your IP address, the date and time of your visit, the pages you visited, and more. Also: “We occasionally collect data about you from financial entities to perform verification services and from commercial sources.”

The USPS should not collect, store, disclose, or use our data except as strictly necessary to provide us the services we request. This is often called “data minimization.” Among other things, in the words of a seminal 1973 report from the U.S. government: “There must be a way for an individual to prevent information about him that was obtained for one purpose from being used or made available for other purposes without [their] consent.” Here, the USPS should not divert customer data, collected for the purpose of customer service, to the new purpose of surveilling immigrants.

The USPS is subject to the federal Privacy Act of 1974, a watershed anti-surveillance statute. As the USPS acknowledges: “the Privacy Act applies when we use your personal information to know who you are and to interact with you.” Among other things, the Act limits how an agency may disclose a person’s records. (Sound familiar? EFF has a Privacy Act lawsuit against DOGE and the Office of Personnel Management.) While the Act only applies to citizens and lawful permanent residents, that will include many people who send mail to or receive mail from other immigrants. If USPS were to assert the “law enforcement” exemption from the Privacy Act’s non-disclosure rule, the agency would need to show (among other things) a written request for “the particular portion desired” of “the record.” It is unclear how dragnet surveillance like that reported by the Washington Post could satisfy this standard.

USPS Mail Covers

From 2015 to 2023, according to another report from the Washington Post, the USPS received more than 60,000 requests for “mail cover” information from federal, state, and local law enforcement. Each request could include days or weeks of information about the cover of mail sent to or from a person or address. The USPS approved 97% of these requests, leading to postal inspectors recording the covers of more than 312,000 letters and packages.

In 2023, a bipartisan group of eight U.S. Senators (led by Sen. Wyden and Sen. Paul) raised the alarm about this mass surveillance program:

While mail covers do not reveal the contents of correspondence, they can reveal deeply personal information about Americans’ political leanings, religious beliefs, or causes they support. Consequently, surveillance of this information does not just threaten Americans’ privacy, but their First Amendment rights to freely associate with political or religious organizations or peacefully assemble without the government watching.

The Senators called on the USPIS to “only conduct mail covers when a federal judge has approved this surveillance,” except in emergencies. We agree that, at minimum, a warrant based on probable cause should be required.

The USPS operates other dragnet surveillance programs. Its Mail Isolation Control and Tracking Program photographs the exterior of all mail, and it has been used for criminal investigations. The USPIS’s Internet Covert Operations Program (iCOP) conducts social media surveillance to identify protest activity. (Sound familiar? EFF has a FOIA lawsuit about iCOP.)

This is just the latest of many recent attacks on the data privacy of immigrants. Now is the time to restrain USPIS’s dragnet surveillance programs—not to massively expand them to snoop on immigrants. If this scheme goes into effect, it is only a matter of time before such USPIS spying is expanded against other vulnerable groups, such as protesters or people crossing state lines for reproductive or gender affirming health care. And then against everyone.