Lawmakers move to rein in ICE’s use of mobile facial recognition

U.S. Rep. Bennie G. Thompson, the top Democrat on the House Committee on Homeland Security, introduced legislation aimed at sharply curbing the Department of Homeland Security’s (DHS) use of mobile biometric surveillance tools, responding to mounting concerns over ICE’s deployment of facial recognition and fingerprinting technology in public spaces.

The Realigning Mobile Phone Biometrics for American Privacy Protection Act, would prohibit DHS from using mobile biometric applications such as ICE’s Mobile Fortify outside of ports of entry and require the destruction of biometric data collected from U.S. citizens.

Supporters of the bill say the measure is necessary to halt what they describe as an unchecked expansion of biometric surveillance before it becomes further entrenched in routine domestic enforcement.

However, given the Trump administration’s full-throated support of ICE and its questionably legal practices, congressional Republicans aren’t likely to vote in favor of the bill, which probably won’t even make it out of committee.

Thompson and other Democratic lawmakers argue that the technology has been rolled out without adequate safeguards, transparency, or proven accuracy, raising serious civil rights and constitutional concerns.

Mobile Fortify is a smartphone application used by Immigration and Customs Enforcement (ICE) officers to identify individuals by capturing facial images or fingerprints with a phone camera.

According to Democratic staff documentation, the app relies on Customs and Border Protection (CBP) backend systems, including the Traveler Verification Service, to determine a person’s identity and immigration or citizenship status.

The application has been deployed in the field while still in beta testing, a fact that has heightened scrutiny from lawmakers already wary of bias and error rates. associated with facial recognition technology

In announcing the bill, Thompson said ICE officers have been using the application “wantonly” in communities across the country, including on U.S. citizens, despite the lack of formal authorization or finalized standards.

“When ICE claims that an image it snaps and runs through an unproven app can be enough evidence to detain people for possible deportation, no one is safe,” Thompson said, calling the practice “an outrageous affront to the civil rights and civil liberties of U.S. citizens and immigrants alike.”

The legislation would require the DHS Secretary to establish department-wide standards within 30 days of enactment that strictly limit the use of mobile biometric applications.

Under the bill’s text, DHS would be barred from using Mobile Fortify, the now-shelved Mobile Identify app, or any successor tools except for identification purposes at ports of entry.

It would also prohibit DHS from sharing the applications with any other federal, state, or local law enforcement agencies.

The measure would further require DHS to remove the applications from departmental systems outside ports of entry, remotely disable them on non-DHS devices, and destroy biometric data collected from U.S. citizens.

For data collected at ports of entry, the bill mandates destruction within 12 hours of capture.

The bill is cosponsored by Reps. Lou Correa of California, Shri Thanedar of Michigan, Yvette D. Clarke of New York, Grace Meng of New York, and Adriano Espaillat of New York, all of whom hold senior roles within the Homeland Security Committee or Democratic caucuses.

“Using an unproven technology in the United States to determine a person’s citizenship or legal residency is dangerous,” said Correa, adding that it “sets a dangerous precedent. This is another attack on the civil rights of American citizens. Given this administration’s reckless deployment of ICE Agents across the nation, the use of this type of an invasive application must be reigned in.”

“Under no circumstances should our federal government install its full faith in an untested, untrustworthy technology with proven biases and dubious capabilities for matters as critical as immigration enforcement. DHS’ overreliance on Mobile Fortify and other applications like it inherently flouts the civil liberties and right to privacy each and every individual on American soil is entitled to by law, and it is past time for Congress to step in and check their negligence,” Clarke said.

Meng added that the technology’s use in street-level enforcement is likely unconstitutional and “certainly un-American.”

The legislation comes amid broader scrutiny of DHS biometric programs, including past concerns over CBP’s decision to make a related facial recognition application available to state and local law enforcement agencies working with ICE until late 2025.

Article Topics

biometric matching  |  biometrics  |  DHS  |  facial recognition  |  ICE  |  mobile app  |  Mobile Fortify  |  Mobile Identify  |  U.S. Government