Democrats Push to Ban Biometric Surveillance by ICE and CBP

January 15 – February 7, 2026

Where Things Stand

Legislation to ban biometric surveillance by immigration authorities is currently stalled in committee, allowing ICE and CBP to continue deploying facial and voice recognition tools. Proponents of the ban warn that the lack of federal oversight enables the ongoing monitoring of protesters and legal observers through mobile apps and body cameras.

The Facts

How We Got Here

Feb 9, 2026Reports highlight concerns that body cameras are being repurposed as mass surveillance tools by immigration enforcement agencies. [news_article]

Feb 3, 2026Representative Pramila Jayapal and Senators Ed Markey and Jeff Merkley introduce the 'ICE Out of Our Faces Act' to prohibit facial and gait recognition in immigration enforcement. [S. 3779]

Feb 3, 2026The House version of the biometric ban is referred to the Judiciary and Homeland Security committees for review. [H.R. 7363]

Who This Affects

8 groups

Mixed

Visa Holder

Reduces surveillance in daily life but may still face facial recognition scans when entering or leaving the country at ports of entry.

Federal Employee

DHS employees can only use these apps at ports of entry, limiting their enforcement tools but protecting civil liberties.

Helps

Immigrant

Limits facial recognition tracking outside ports of entry, reducing surveillance during daily activities and interactions with immigration enforcement.

Undocumented

Restricts DHS use of facial recognition apps in communities, limiting identification and tracking capabilities away from borders.

Naturalized Citizen

Biometric data captured by these apps must be destroyed within 12 hours, protecting privacy rights of U.S. citizens.

Policies

S. 3779 and H.R. 7363 are companion bills, meaning the same text was introduced in both the Senate and the House. H.R. 7124 is a related bill that specifically limits the use of facial recognition apps to border crossings and requires data deletion.

Senator Markey Proposes Ban on Facial Recognition Use by ICE and Border Protection Officers

S. 3779

Congress Proposes Ban on Facial Recognition Use by ICE and Border Patrol

H.R. 7363

Congress Proposes Ban on Homeland Security Facial Recognition Apps Outside of Border Crossings

H.R. 7124

News

Democrats fear body cameras could be ICE's new mass surveillance tool

news_articleCenter Left

Political Response

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Analysis generated by AI. Always verify with official sources.