NEW YORK — More than 120 criminal justice, immigration and civil rights organizations are urging Senate Democrats to reject the Combating Organized Retail Crime Act, arguing the legislation would dramatically expand the surveillance and data-collection powers of the Department of Homeland Security and U.S. Immigration and Customs Enforcement under the guise of combating organized retail theft.
The coalition, led by the Vera Institute of Justice, contends that while CORCA is presented as a retail theft prevention measure, it would instead give DHS expanded authority to collect consumer information and coordinate surveillance through a centralized federal system.
The Vera Institute describes CORCA as a “Trojan horse” bill that would expand DHS authority to surveil the public and access consumers’ private information. Although the legislation is promoted as a tool to combat organized retail theft, critics argue its broader implications extend well beyond theft prevention.
CORCA passed the House with bipartisan support in May. Since then, however, advocates have intensified their opposition, drawing comparisons between the legislation and the recent $70 billion funding package for DHS and ICE. According to the Vera Institute, supporting CORCA would undermine the position many lawmakers took just one year ago when opposing expanded funding for those agencies.
Supporters of the legislation argue that it is intended to improve coordination among law enforcement agencies investigating organized retail theft.
Chris Burroughs, president and CEO of the Transportation Intermediaries Association, praised the bill, calling it “true grassroots advocacy at its best.” Burroughs said the legislation’s ultimate goal is to improve tracking capabilities and foster greater collaboration among agencies. Under CORCA, DHS would house the tracking system and serve as the “nerve center” where information would be stored.
Raul Aguilar, a former Homeland Security Investigations officer and current head of Law Enforcement Partnerships, likewise described CORCA as a federal response designed to strengthen partnerships between public and private agencies. He said the approach provides a “holistic view of how crime is impacting [America].”
Aguilar added that there is significant excitement surrounding the bill’s passage in the House and reiterated that its goal is to improve coordination among agencies.
Critics, however, argue those expanded partnerships would come at the expense of consumer privacy.
Rep. Summer Lee acknowledged that this is how CORCA is being presented to the public but argued that it would ultimately expand the authority of DHS and ICE while requiring innocent bystanders to share data they do not want to disclose. She said everyday people’s data would be “out in the open” and that provisions within the bill would require information on shoppers or individuals accused of crimes to be immediately routed through DHS.
Vera Institute of Justice President and Executive Director Insha Rahman argued that “even at face value, it is obvious they are advancing an authoritarian agenda.”
Rahman also said retail theft could be addressed through alternative approaches, including improving store staffing and investing in mobile crisis response teams within business districts. She argued those strategies would focus on providing resources and services to people in poverty rather than expanding data surveillance under the banner of agency collaboration and theft prevention.
The Vera Institute also quoted Rahman urging lawmakers to “… not vote for a blank check to expand ICE and DHS’s power.” She acknowledged that CORCA may appear to address the “very real issue of organized retail theft,” but argued it is a Trojan horse bill that would funnel consumer data to a department that should instead face greater oversight.
Rahman also called for consistency, arguing that just as the Senate previously united in rejecting additional funding for DHS, it should likewise reject CORCA.
Heidi Altman, vice president of policy at the National Immigration Law Center, argued that ICE leadership has already encouraged officers to violate existing law. She said enacting legislation such as CORCA would only intensify those concerns by placing personal data in the hands of agencies she described as misguided and dangerous.
Pima County Prosecutor Laura Conover also criticized the legislation. According to the Vera Institute, Conover argued similar concerns emerged following passage of the Laken Riley Act, which she said undermined victims’ rights.
“CORCA would compound this mistake,” Conover said, adding that responsibility for retail theft surveillance should remain with local authorities and prosecutors because that is the role they have sworn to fulfill.
The Vera Institute concluded its report by arguing that it is “indefensible to support a bill that makes us all less free and harms our democracy.” Naveed Shah, political director of Common Defense, a grassroots veteran-led organization, said allowing CORCA to pass would enable the “continued [destabilization] of our country’s foundational rights.”
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