CBP Eyes Private Investigators to Hunt Down Deported Immigrants for Unpaid Fines Abroad
The **US Customs and Border Protection (CBP)** is reportedly seeking private investigators to track down deported immigrants and others who have left the United States in Mexico, Honduras, and Guatemala. The goal is to collect billions in civil fines, a move critics decry as a significant escalation of tactics and a violation of due process, potentially undermining promises of fine forgiveness for self-deportation.
The **US Customs and Border Protection (CBP)** is embarking on a controversial initiative, seeking to hire private investigators to locate and pursue deported immigrants for outstanding fines, according to documents reviewed by WIRED. This program, dubbed βTracing and Payment Recovery Services,β could see up to $9 million spent over the next two years to target individuals who have left the U.S. for Mexico, Honduras, and Guatemala, with potential expansion to other nations.
### Commercial Surveillance for Debt Collection
The initiative calls for βcommercial data verification and physical observation servicesβ to confirm the residency of targeted individuals. Acceptable evidence includes photographs of homes, utility bills, employment records, court documents, or even death certificates. Contractors are also required to deliver government-approved flyers in English and Spanish, detailing the alleged outstanding fines.
### Billions in Fines and Due Process Concerns
**CBP**'s parent agency, the **Department of Homeland Security (DHS)**, reported issuing over $84 billion in civil fines to immigrants accused of failing to depart the United States as of July. These fines, stemming from an obscure 1996 immigration law, can reach up to $998 per day for up to five years, with some individuals facing penalties as high as $1.8 million. Legal experts, including **Hasan Shafiqullah**, the Legal Aid Societyβs immigration supervising attorney, argue these notices often evade due process and are intended to intimidate individuals into self-deporting. Some third-party collection agencies have even added significant administrative fees, sometimes up to $500,000.
A recent report from **New York University School of Lawβs Immigrant Rights Clinic** highlighted the severe consequences of these fines, including seized tax returns, garnished wages, and ruined credit scores for those who receive notices.
### The Illusion of a Clean Slate
**DHS** has offered to forgive βfailure-to-departβ fines if individuals self-deport using the **CBP Home app**. However, this waiver does not cover a separate $5,130 fee for those ordered removed in absentia and later arrested by **ICE**, a fee that cannot be waived or reduced. This means individuals who leave under the promise of a clean slate could still carry significant debt.
**Alina Das**, a law professor and director of NYUβs Immigrant Rights Clinic, described going after people who have left the country for outstanding fines as a βsignificant escalation in tactics.β **Charles Moore**, a senior attorney at **Public Justice**, views the move as consistent with the Trump administrationβs anti-immigration efforts, potentially aimed at deterring future migration.
### Previous Efforts and Lack of Success
Currently, the three debt collection agencies employed by **CBP** have attempted to reach individuals overseas via letter and phone but, as of July, had not located a single person outside the U.S. At that time, an estimated 66,387 people with unpaid **CBP** fines and penalties had been removed from the country.
Both **CBP** and **DHS** declined to comment on the matter when questioned by WIRED. Foreign ministries in Mexico, Guatemala, and Honduras also did not respond to inquiries regarding consultation or cooperation with these potential contractors.
### Congressional Scrutiny and Program Details
Senators **Dick Durbin** and **Alex Padilla** wrote to acting Attorney General **Todd Blanche** and Homeland Security Secretary **Markwayne Mullin** in July, urging them to halt the application of these fines to immigrants complying with the law. They sought information on penalties issued to individuals with pending or lawful status, survivors of domestic violence and trafficking, and referrals to private debt collectors. Durbin's office confirmed that neither department responded by the requested deadline.
Under the proposed βTracing and Payment Recovery Servicesβ program, contractors would receive a set fee for each person documented as notified, with tiered bonuses for reporting within seven, 14, or 28 days. Crucially, payments are not contingent on money being recovered. The government would retain full ownership and rights to all data gathered by the investigators.
Payment for these fines would be directed to the federal website **Pay.gov**, which requires a U.S. bank account. Collected civil penalties would be deposited into the Immigration Enforcement Account, a fund established by Congress for immigration enforcement activities. The **NYU** report indicates many affected individuals come from mixed-status families, leading **CBP** to anticipate payments βmay be made by the individual or another party,β potentially pressuring family members still in the U.S. to settle debts.
### Data Sourcing and Rapid Implementation
The documents mention contractors using βcommercial data,β but do not specify its origin or how foreign records would be obtained. This could involve public records in the targeted countries or commercial credit data. Contractors are required to disclose their skip-tracing methods, tools, and resources once work is underway, with **CBP** soliciting bidders to propose their own methods.
The proposal was released on a Tuesday, with bids due by the following Friday, August 7th, citing a time-sensitive need. This rapid timeline suggests an urgent push for the program's implementation.
This new **CBP** initiative mirrors a model already in place domestically, where **Immigration and Customs Enforcement (ICE)** awarded skip-tracing contracts to 13 private companies in December, potentially worth a combined $1.2 billion. These companies provide **ICE** with photos and documents confirming residency, earning bonuses based on the number of individuals found. **Sharon Bradford Franklin**, former chairwoman of the **Privacy and Civil Liberties Oversight Board**, likened these arrangements to creating βICE bounty hunters.β **CBP**'s current proposal extends this exact structure to individuals who have already left the country, a move **Moore** believes further undermines promises of fine forgiveness.