I worry what this app and systems like it might mean for me. I'm a US citizen, but I used to be an LPR. I never naturalized - I got my citizenship automatically by operation of law (INA 320, the child citizenship act). At some point I stopped being noodlesUK (LPR) and magically became noodlesUK (US Citizen), but not through the normal process. Presumably this means that there are entries in USCIS's systems that are orphaned, that likely indicate that I am an LPR who has abandoned their status, or at least been very bad about renewing their green card.
I fear that people in similar situations to my own might have a camera put in their face, some old database record that has no chance of being updated will be returned, and the obvious evidence in front of an officer's eyes, such as a US passport will be ignored. There are probably millions of people in similar situations to me, and millions more with even more complex statuses.
I know people who have multiple citizenships with multiple names, similar to this person: >>45531721 . Will these hastily deployed systems be able to cope with the complex realities of real people?
EDIT: LPR is lawful permanent resident, i.e., green card holder
An ICE officer can't just detain somebody for having an accent or whatever, but if they have probable cause to think the person may not be a citizen then they have a substantial amount of leverage to affirm that. Probable cause has been tested somewhat rigorously in the courts and really means probable cause and not the knee-jerk obvious abuses like 'he's brown!'
There is a lot of constitutional law here, not a lot of ambiguity. While mistakes happen, and ICE is clearly becoming more eager to violate the law (see TFA), that doesn't mean we should be unclear about what the law says. In particular, prioritizing the (incorrect) results from an app over any sort of claim or presentation of proof is illegal.
So how do you discourage this? We could start prosecuting and imprisoning people with fake documents, but that would send our already absurd prison population through the roof and cost immense amounts of money. An alternative way is exactly what this article is about.
As I said in a different comment, we US folks have decided as a society that we don’t want to have mandatory difficult-to-forge national ID. When asked this question democratically, US voters and their representatives have repeatedly* turned down this option and explicitly banned the Federal government from issuing Federal ID cards outside of optional passports for international travel. We made this decision precisely because we distrust the sort of Federal government that would require us to carry that sort of document. There is nothing accidental about this, and you can find explicit statements of this bipartisan consensus all over real Federal legislation; there’s really no possibility that we did this by accident or without due consideration of the tradeoffs.
You’re correct that this lack of standardized documentation makes the immigration enforcer’s job harder, since they can’t just force people to produce proof-of-citizenship on demand and they can’t detain US citizens, and they can’t necessarily trust every paper document they’re given. I’m sympathetic! But that’s the tradeoff we’ve made as a society. The answer is not “throw out the rule book and risk depriving citizens of their rights because our job is hard.” The answer is: respect the rules you were given and due the best job you can without depriving US citizens of their rights.
And PS this situation is hardly unique: we also make ordinary cops’ jobs harder by requiring them to respect suspects’ civil rights and demanding probable cause to make an arrest. It’s tough! The result there is that cops have to work harder and be smarter; they don’t just get to detain anyone they want just because they might vaguely hypothetically be a criminal.
And now you need every single one of these events to occur, simultaneously. The chances of this happening is practically zero. And even if somehow this does happen, which it won't, it's at worst a significant inconvenience for the person who somehow managed to win the reverse lottery. Though in this case perhaps it's not even entirely the reverse lottery - because there'd be a big paycheck awaiting them in lawsuits, crowdfunding, media fees, and so on.
I simply don't see false positives as a realistic concern here, whatsoever. Going with your analog with the police I'd mention e.g. DNA tests or finger prints. These do have non-zero failure rates, but they're still regularly used to convict people simply because the failure rate is seen as acceptably low. And in this case, the conditional probability we're speaking of is probably even lower, and with much less at stake!
You're free to hope for these things if you want. But hoping does not make them true.
The reason divides on these sort of issues are probably irreconcilable is because of stuff like this. So many people seem to have missed the point of the childhood story of The Boy Who Cried Wolf.