Wyden and Davidson Introduce Fourth Amendment Is Not For Sale Act to Block ICE Data Purchases

The United States Immigration and Customs Enforcement is bypassing Fourth Amendment protections by purchasing geolocation, social media habits, and telephone records from commercial data brokers. This practice allows the agency to track individuals and civil society groups without obtaining probable cause warrants, effectively creating a data broker loophole for federal surveillance.

To close this gap, Senator Ron Wyden and Representative Warren Davidson introduced the Fourth Amendment Is Not For Sale Act. A version of the bill sponsored by Davidson passed the House of Representatives on April 17, 2024, but the Senate failed to take up the legislation.

Parallel to these efforts, the Reforming Intelligence and Securing America Act expanded the reach of the Foreign Intelligence Surveillance Act Section 702. Because this act is set to expire in April 2026, Wyden and Davidson may seek to reintroduce the Fourth Amendment Is Not For Sale Act to establish permanent privacy protections.