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S3779119th Congress

ICE Out of Our Faces Act

Sponsored By: Senator Markey, Edward J. [D-MA]

Introduced

Summary

Ban on biometric surveillance by ICE and CBP would bar those agencies and deputized officers from using facial recognition, voice recognition, gait analysis, and similar systems in the United States. It would also require deletion of information collected or derived from biometric surveillance within 30 days of enactment and create private and state enforcement options including damages and injunctive relief.

Show full summary
  • Individuals who interact with ICE, CBP, or 287(g) deputies would be protected from agency use of facial recognition, voice recognition, and other biometric tracking. Agencies must delete biometric information they collected or derived within 30 days.
  • Covered immigration officers, plus contractors and subcontractors, would be prohibited from acquiring, possessing, accessing, or using biometric surveillance systems or information produced by those systems.
  • Information obtained in violation would generally be inadmissible in federal criminal, civil, or administrative proceedings. Individuals could sue the Federal Government and state attorneys general could bring parens patriae actions for actual and punitive damages, attorneys fees, injunctive relief, and other appropriate remedies.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Ban biometric surveillance by ICE and CBP

This bill would ban most ICE and CBP officers from using biometric surveillance systems in the United States. Biometric systems would include facial, voice, gait, and other automated recognition, and exclude close-range fingerprints or palm prints. Agencies would have to delete all data collected for or derived from these systems within 30 days of enactment. Evidence obtained in violation would be inadmissible in most federal criminal, civil, and administrative proceedings. Individuals harmed could sue the federal government for actual and punitive damages, attorneys' fees, costs, and injunctive relief. State attorneys general could sue on behalf of residents. Covered officers could face retraining, suspension, termination, or other penalties after due process.

Sponsors & CoSponsors

Sponsor

Markey, Edward J. [D-MA]

MA • D

Cosponsors

  • Sen. Wyden, Ron [D-OR]

    OR • D

    Sponsored 2/4/2026

  • Sen. Merkley, Jeff [D-OR]

    OR • D

    Sponsored 2/4/2026

  • Sen. Alsobrooks, Angela D. [D-MD]

    MD • D

    Sponsored 2/4/2026

  • Sen. Sanders, Bernard [I-VT]

    VT • I

    Sponsored 2/4/2026

Roll Call Votes

No roll call votes available for this bill.

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