ICE Out of Our Faces Act

Ban biometric surveillance by ICE and CBP

If enacted, this bill would make it unlawful for covered immigration officers to acquire, possess, access, or use biometric surveillance systems in the United States. Covered officers would include CBP and ICE officers, their employees, agents, contractors, subcontractors, and people authorized under 8 U.S.C. 1357(g). Biometric surveillance would include facial recognition, gait and voice recognition, and similar long-distance biometric tools, but would exclude fingerprints or palm prints not taken from a distance. The bill would require deletion of all biometric information collected by covered officers, including data collected before enactment, within 30 days after enactment. Information obtained in violation would be inadmissible by the Federal Government in criminal, civil, administrative, or other proceedings, except in a judicial case alleging a violation of this section. Individuals harmed by a violation would be able to sue the Federal Government for actual and punitive damages, attorneys' fees, costs, and injunctive relief, and state chief law enforcement officers could sue for residents as parens patriae. Covered officers who violate the ban could face retraining, suspension, termination, or other penalties subject to due process. The bill would not override other Federal, State, or local laws unless they directly conflict with these limits.