Congress Might Give ICE the Power to Go After Shoplifters

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A customer heads into Best Buy in Denver on Feb. 5, 2025, shortly after two members of a DHS tactical team exit the store after using the restroom.<br>Photo: RJ Sangosti/MediaNews Group/The Denver Post via Getty Images

To counter the purported national scourge of “organized retail crime,” a bill moving through Congress would deliver the Department of Homeland Security unprecedented policing powers, granting even more authority to what experts say is an already lawless ICE.

The Combating Organized Retail Crime Act, or CORCA, was introduced by Sen. Chuck Grassley, R-Iowa, last year with wide bipartisan support. The bill is aimed at limiting coordinated retail theft and shoplifting, which lawmakers allege is happening at “unprecedented levels” as organized criminal gangs steal merchandise from stores and resell the goods online. According to the legislation, the perpetrators “are often polycriminal organizations, using profit from the reselling of stolen goods to support crimes involving drugs and weapons trafficking” while facilitating “human smuggling,” all of which is “funding nefarious groups and activities and threatening the integrity of the international economy.”

The bill would give Immigration and Customs Enforcement authority to coordinate federal efforts against large-scale shoplifting. ICE would establish a so-called “Organized Retail and Supply Chain Crime Coordination Center” that would bring under one roof analysts and agents from myriad agencies, including the FBI, Drug Enforcement Administration, U.S. Customs and Border Protection, and Secret Service. The goal is to centralize investigative data and establish “a secure system for sharing information regarding organized retail and supply chain crime threats by leveraging existing information systems at the Department of Homeland Security and the Department of Justice.”

It’s unclear if ICE agents themselves would have the authority to confront alleged suspects. DHS and ICE did not immediately respond to a request for comment.

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Civil libertarian groups are disturbed by legislation they say constitutes a major expansion of domestic surveillance and policing by DHS, which was founded largely to tackle matters of counterterrorism, civil defense, and other matters of national safety, and ICE, whose purview is immigration enforcement and transnational crime.

“This would formalize a mechanism for retailers to share data about consumers with DHS.”

Jina John, senior policy counsel for AI, privacy, and technology at the ACLU, told The Intercept the bill could grant DHS increased surveillance powers. “This would formalize a mechanism for retailers to share data about consumers with DHS as well as state and local authorities relating vaguely to ‘threats,’” she said. “The risk here is that when retailers share information, it’s not a specific clip of footage related to a specific theft, in practice, they are sharing continuous footage. That means access to FLOCK license plate readers in retail parking lots and surveillance cameras at stores and malls.”

The Center itself would be staffed in part by ICE agents and helmed by a director handpicked by the head of ICE. The bill allows the Center to share information deemed confidential under federal law, which includes the “identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association.” Such disclosure would require the sign-off of the Center’s director.

“Given that this director will be named by ICE, an agency that has acted without any regard for the law, this is probably not the best person to make such important judgments,” ACLU senior counsel Nina Patel told The Intercept.

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Despite sustained opposition to DHS and ICE under Trump’s second term by congressional democrats, CORCA was co-sponsored by 13 Democratic members of the Senate, including Amy Klobuchar, Mark Warner, and Democratic Whip Dick Durbin.

In a July letter opposing the bill, rights groups including the American Civil Liberties Union, NAACP, and Lawyers’ Committee for Civil Rights Under Law cautioned about the establishment of “essentially a new fusion center, nominally for the purpose of addressing retail theft.” Like DHS itself, fusion centers are a post-9/11 creation intended to thwart acts of international terrorism. Over the past two decades, their mission has widened and now encompasses, for example, the surveillance of political protests.

The premise that organized retail theft is a rampant crime phenomenon,...