Congress vs. DHS: The Biometrics Fight

50 lawmakers warn the surveillance infrastructure is out of control.

TL;DR: Nearly 50 House Democrats are demanding DHS withdraw or substantially revise its proposed rule to expand biometric data collection. The proposal would allow DHS to collect biometrics from children, require biometrics from some US citizens, and reuse biometric data across all immigration processes. Lawmakers cite the lack of security safeguards, recent data breaches, and the absence of oversight. Meanwhile, Senators continue demanding answers about ICE's use of facial recognition in the field, questions ICE has refused to answer for months.

What DHS Proposed

In November 2025, the Department of Homeland Security published a notice of proposed rulemaking that would dramatically expand its biometric collection authority [1].

The proposed changes:

  • Expand to minors: Remove age restrictions on biometric collection, allowing ICE and CBP to collect biometrics from children
  • Require from US citizens: Mandate biometric collection from some US citizens in immigration contexts
  • Broaden data reuse: Allow biometric information to be shared and reused across all migration and naturalization processes
  • Expand definition: Broaden what counts as "biometrics" to include face images, palm prints, iris scans, voice prints, and DNA
  • Increase collection authority: Expand when biometrics can be collected "upon alien arrest or encounter"

The rule would apply to Immigration and Customs Enforcement, Customs and Border Protection, and US Citizenship and Immigration Services. It's a unified expansion across every immigration-related agency.

The Congressional Response

In December 2025, nearly 50 House Democrats, led by Rep. Yvette D. Clarke of New York, sent a letter to DHS Secretary Kristi Noem and USCIS Director Joseph Edlow demanding the rule be withdrawn or substantially revised [2].

The lawmakers' core objection:

"The proposed rule provides no meaningful detail on how DHS will secure, limit, or oversee the new and expansive datasets it would create."

Specific gaps they identified:

  • No cybersecurity protections specified
  • No retention limits defined
  • No access controls outlined
  • No independent auditing required
  • No transparency mechanisms established

The letter came from 50 representatives across 19 states and the District of Columbia. It's the largest coordinated congressional pushback against DHS surveillance expansion in years.

Why These Concerns Matter Now

The lawmakers didn't just raise theoretical objections. They pointed to concrete failures.

Recent biometric data breaches cited:

  • Hacks of databases used by foreign law enforcement
  • Unauthorized access to US Customs and Border Protection facial recognition pilot data
  • Ongoing vulnerabilities in immigration data systems

Existing surveillance overreach:

The lawmakers warned that expanding data collection without security safeguards "exposes millions of U.S. citizens, lawful residents, and immigrant families to unnecessary risks."

The Senate's Unanswered Questions

While House Democrats targeted the proposed rule, Senate Democrats have been asking questions about existing surveillance practices, questions ICE refuses to answer.

The Mobile Fortify controversy:

In September 2025, Democratic Senators led by Ed Markey of Massachusetts demanded ICE stop using facial recognition technology and answer questions about its deployment [3]. ICE didn't respond.

In November 2025, the same senators renewed their demand, noting that "ICE has not only developed advanced biometric technology but is actively using it to surveil and identify members of the public" despite lacking clear legal authority [4].

What the senators want to know:

  • What legal authority permits warrantless biometric scanning?
  • How many US citizens have been scanned?
  • What happens to collected biometric data?
  • Who authorized field deployment?
  • What oversight exists?

ICE has not answered. The agency is expanding its surveillance capabilities while refusing to explain them to Congress.

Mobile Fortify: The App Congress Didn't Authorize

At the center of the Senate controversy is Mobile Fortify, a smartphone application that allows ICE agents to scan faces in the field and check them against databases [5].

What the Privacy Threshold Analysis reveals:

  • US citizens and lawful permanent residents may be scanned
  • No opt-out exists for people being scanned
  • The document doesn't show Congress contemplated warrantless biometric scanning as "a default investigative technique"
  • Oversight is minimal at best

The app was developed by CBP but shared with ICE. It turns every field agent into a mobile biometric surveillance unit. And according to congressional analysis, the legal justification is "strong enough to move fast, but not nearly strong enough to withstand sustained congressional or judicial scrutiny."

In other words: they're doing it because they can, not because they're clearly allowed to.

The Budget Reality

While some in Congress push back, others are funding the expansion.

DHS biometrics funding:

  • $40 million earmarked in FY2026 for development, deployment, and integration of advanced biometric tools
  • $18.2 billion for CBP in the July funding bill, including technology and surveillance
  • Massive increases for ICE enforcement operations

The Brennan Center for Justice called the spending package part of creating a "deportation-industrial complex" [6]. Critics note that funding decisions contradict stated privacy concerns, Congress allocates billions for surveillance while some members write letters objecting to it.

What Happens Next

For the proposed rule:

  • Comment period closes (exact date TBD)
  • DHS reviews comments and congressional input
  • Final rule published, likely with minimal changes
  • Legal challenges follow

For Mobile Fortify:

  • Senators continue demanding answers
  • ICE continues ignoring them
  • The app continues operating

For the surveillance infrastructure:

  • Funding continues flowing
  • Technology continues deploying
  • Data continues accumulating

Congressional pushback matters symbolically but hasn't stopped expansion. The surveillance apparatus grows while lawmakers express concern.

The Bottom Line

Nearly 50 House Democrats and multiple Senators are raising alarms about DHS biometric surveillance. They cite real security failures, genuine privacy concerns, and clear legal questions.

DHS isn't listening. ICE isn't answering. The proposed rule moves forward. The Mobile Fortify app keeps scanning faces. The budget keeps growing.

Congressional oversight exists on paper. In practice, the surveillance state operates on its own timeline, building infrastructure faster than lawmakers can question it and faster than courts can evaluate it.

The letters matter for the historical record. They don't yet matter for stopping expansion.

References

  1. Nextgov - DHS proposes biometrics expansion for immigrants, dropping age restrictions (November 2025)
  2. FedScoop - Lawmakers push back on proposed DHS data collection expansion (December 2025)
  3. Biometric Update - Senators call on ICE to halt use of facial recognition (September 2025)
  4. Biometric Update - Lawmakers warn DHS against sweeping expansion of immigration biometrics (December 2025)
  5. Biometric Update - ICE's use of CBP biometric surveillance app built on paper thin oversight (December 2025)
  6. Brennan Center - Big Budget Act Creates a "Deportation-Industrial Complex" (2025)