Project Middle Ground
Government Transparency & Accountability

When the federal government builds AI systems that pull data from the IRS, Social Security, Medicaid, license plate readers, and biometric databases — and removes its own oversight policies on facial recognition — what do religious traditions and constitutional principles say about mass surveillance of citizens?

Bottom line

Religious traditions across the board treat the dignity of human privacy as a serious moral concern — and warn that rulers who build elaborate watching systems are precisely the rulers Scripture identifies as dangerous. The Fourth Amendment was written to prohibit exactly the kind of broad, suspicionless governmental search that comprehensive AI surveillance enables. The systems being built today combine government databases (IRS, Social Security, Medicaid), surveillance infrastructure (license plate readers, body cameras, mobile devices), and commercial datasets (60 billion images) in ways the Founders could not have imagined and current case law does not fully constrain. Whether one supports robust immigration enforcement or not, the constitutional question is whether the surveillance architecture being built can be limited to its stated purposes — or whether, once built, it inevitably expands to encompass everyone.

Religious perspectives

Religious traditions speak directly to the concentration of power that mass surveillance represents — and to the dignity of the people being watched.

Christianity: "Whatever you have spoken in the dark shall be heard in the light, and what you have whispered in private rooms shall be proclaimed on the housetops" (Luke 12:3) — a passage often invoked to defend surveillance, but Jesus is describing divine knowledge, not state power. Throughout Scripture, the rulers who build elaborate watching systems — Pharaoh, Babylon, Rome — are the rulers Scripture consistently condemns. The early church operated under Roman surveillance and treated being watched as a burden to be endured, not a system to be admired.

Judaism: "Do not gossip among your people" (Leviticus 19:16) and the Talmudic principle of lashon hara (evil speech) treat the misuse of information about people as a serious moral offense. Jewish tradition's emphasis on the sanctity of the home and the protection of private life cuts strongly against systems that make every action visible to the state.

Islam: "O you who have believed, avoid much suspicion. Indeed, some suspicion is sin. And do not spy or backbite each other" (Quran 49:12). The Quran explicitly forbids spying — and the prohibition is part of a broader teaching about the dignity of human privacy. The classical Islamic principle of satr (covering) holds that revealing what should remain hidden is itself a moral wrong.

The shared principle: A society in which the state knows everything about its citizens, and the citizens know little about what the state does with that knowledge, has the relationship between people and government inverted. Religious traditions are nearly unanimous that this inversion is dangerous — both for liberty and for the souls of those doing the watching.

Constitutional & legal framework

The Founders had not heard of databases or algorithms, but they had lived under general warrants and writs of assistance — broad governmental searches without specific cause. They wrote the Fourth Amendment specifically to prevent that.

The 4th Amendment: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

The 1st Amendment: Surveillance also implicates speech and association. The Supreme Court has long recognized that government surveillance can chill protected expression and association even without specific prohibition (NAACP v. Alabama, 1958).

Recent and ongoing systems (2025-2026):

  • Palantir ImmigrationOS: $30 million ICE contract for an AI platform pulling data from IRS, Social Security, passport databases, and license plate readers to build profiles of deportation targets. Prototype delivered September 25, 2025.
  • ELITE (Enhanced Leads Identification & Targeting for Enforcement): Receives addresses from Health and Human Services databases, including Medicaid recipient data, to assist ICE in locating individuals.
  • Clearview AI for CBP: One-year contract giving Customs and Border Protection access to a database of more than 60 billion publicly available images, with 15 software licenses, beginning September 2026.
  • Mobile Fortify: Facial recognition and fingerprint matching application used by CBP and ICE since May 2025. Allows agents to point a cell phone at someone's face to identify them and determine immigration status in the field.
  • HART (Homeland Advanced Recognition Technology): DHS centralized biometric system consolidating face, fingerprint, and iris data across CBP, ICE, USCIS, and TSA. Designed to retain user data for 75 to 100 years after date of birth.
  • Removal of oversight: In February 2025, DHS removed its internal directive on face recognition and face capture technologies from its website, eliminating existing guardrails.

Federal funding: The One Big Beautiful Bill Act (signed July 4, 2025) provided DHS with more than $191 billion. Documents indicate hundreds of millions of dollars in 2026 contracts to expand detection and tracking capabilities.

The "third party doctrine" problem: Under Smith v. Maryland (1979) and similar cases, individuals are held to have no Fourth Amendment privacy interest in information they share with third parties (banks, phone companies, etc.). The Supreme Court in Carpenter v. United States (2018) began limiting this doctrine for cell-phone location data. But for vast aggregated databases — combining IRS, healthcare, license plate, and biometric data — the doctrine still largely applies. The constitutional protection is much weaker than most Americans realize.

Mission creep: Civil liberties groups note that systems built for one purpose (immigration enforcement) tend to expand to others. A facial recognition system trained on 60 billion images can be used at any protest, any rally, any public gathering. Whatever guardrails exist on day one tend to weaken over time.

Congressional response: S.3779, the ICE Out of Our Faces Act, introduced February 2026, would ban ICE and CBP from using biometric surveillance systems for monitoring individuals. The bill has not advanced. Reps. Goldman, Wyden, and Velázquez led 30 lawmakers in demanding answers from ICE and DHS about Palantir-developed technologies.

The deeper structural issue: Legal limits on government surveillance were developed in an era when comprehensive surveillance was logistically impossible. Now that AI makes mass surveillance trivially achievable, the question is whether the legal framework written for a different technological era still constrains what it was meant to constrain.

See: Fourth Amendment → | Carpenter v. United States →

Sources cited:BibleTorahQuranConstitutionSupreme Court