TL;DR: ICE and FBI have expanded facial recognition and surveillance tools to monitor American protesters. In Minneapolis, agents used Mobile Fortify to scan faces at anti-ICE demonstrations. One legal observer was told she'd been added to a "domestic terrorism database." A 20-year-old US citizen was forced into an ICE vehicle, scanned, and dumped seven miles away in winter. The ACLU calls it "unprecedented power to monitor and deter dissent." Here's what's happening and how to protect yourself.
What's Actually Happening
The surveillance tools ICE built to track immigrants are now pointed at anyone who shows up to protest.
In Minneapolis, federal agents have been filming anti-ICE demonstrations and running faces through government databases. At least seven citizens in the Minneapolis area report being told by agents they were being recorded with facial recognition and added to databases, without consent [1].
An immigration agent in Maine photographed a legal observer's license plate and said: "Because we have a nice little database. And now you're considered a domestic terrorist" [2].
This isn't speculation. It's documented. And it's legal under current law.
The Nicole Cleland Case
Nicole Cleland is a 56-year-old volunteer ICE watchdog in Minneapolis. On January 10, 2026, an ICE agent approached her at a protest and identified her by name, using facial recognition technology.
Three days later, her Global Entry and TSA PreCheck credentials were revoked. No explanation given [1].
"I am a totally average American," Cleland stated in court documents. "I cannot abide by what is happening."
She's now part of an ACLU lawsuit against DHS.
Dumped in the Cold
Mubashir Khalif Hussen, a 20-year-old Somali American and US citizen, was stopped by federal agents in Minneapolis. He showed them his US passport card. Repeatedly.
They didn't care.
Agents forced him into a vehicle, scanned his face with Mobile Fortify, drove him seven miles to the city outskirts, and abandoned him in winter conditions [2].
He had committed no crime. He had valid citizenship documents. None of it mattered once the app flagged him.
The Surveillance Stack
ICE and FBI aren't using one tool. They're using an interconnected system:
Mobile Fortify
The facial recognition app that started this. Searches faces against 200+ million images across federal databases. Used over 100,000 times since June 2025. Stores your photo for 15 years whether you're a citizen or not [3].
Clearview AI
ICE's $9.2 million contract provides access to 50+ billion images scraped from social media, news sites, and the open web. If you've ever posted a selfie, you might be in there [1].
Palantir Technologies
The $30 million DHS contract integrates government records with commercial data. It can combine your driver's license, cell phone location, travel history, and social media into one targeting profile [1].
FBI's Next Generation Identification
Searches hundreds of millions of images from criminal records, DMV photos, and visa applications. The FBI doesn't need probable cause to run your face through it [1].
Phone Location Tracking
ICE has specialized tools that track phones "across an entire neighborhood or block over time." They can also purchase location data from commercial brokers without a warrant [4].
The Legal Vacuum
Here's the problem: almost none of this is clearly illegal.
There's no federal law regulating government use of facial recognition. No statute requiring consent. No requirement to tell you you're being scanned or added to a database.
DHS internal documents state plainly: "ICE does not provide the opportunity for individuals to decline or consent to the collection and use of biometric data" [3].
The ACLU argues this violates constitutional protections against unreasonable searches and chills First Amendment activity. Their lawsuit against DHS claims the surveillance constellation grants "unprecedented power to monitor and deter dissent" [3].
Rachel Levinson-Waldman of the Brennan Center for Justice put it directly: "Are we also going to expand it or wield it against U.S. citizens...engaging in lawful or protest activity?" [5]
The answer, based on current evidence, is yes.
The Scale of the Problem
ICE's budget jumped from $8 billion to $28 billion following July 2025 legislation. It's now the most heavily funded federal law enforcement agency [1].
That money is buying:
- Over 100 AI systems piloted across DHS and affiliated agencies
- $2.7 billion for CBP border surveillance expansion
- Expanded facial recognition databases, now containing 1.2 billion images
- Contracts with Paragon Solutions for phone-penetrating spyware
The infrastructure built to deport immigrants is being repurposed. And there's no legal firewall preventing it from being used on citizens.
How to Protect Yourself at Protests
You have the right to document ICE activities. But doing so exposes you to surveillance. Here's how to minimize the risk [4]:
Before You Go
- Use a strong alphanumeric passcode, not Face ID or fingerprint
- Turn off message previews and lock screen notifications
- Consider leaving your primary phone at home
- Disable unnecessary apps, especially location-based ones
While Recording
- Use camera-from-lock-screen, keep your phone locked
- Avoid livestreaming (it broadcasts your location in real-time)
- Capture wide shots; avoid close-ups of bystander faces
- Document time and place markers for legal purposes
After Recording
- Blur faces, tattoos, and license plates before sharing
- Strip metadata from files (location, time, device info)
- Share edited copies, never raw files
- Consider giving footage to journalists or legal groups instead of posting
Physical Protection
- Wear sunglasses, hats, masks. Facial recognition works best on clear face shots
- Cover distinctive tattoos
- Don't bring your car if possible (license plate readers)
- Travel with others; document if agents approach you
Know Your Rights
If ICE approaches you:
- You can remain silent. You don't have to answer questions about your immigration status, where you were born, or why you're at a protest.
- You can refuse consent to searches. Say clearly: "I do not consent to a search."
- You cannot physically resist. But you can verbally assert your rights.
- You can record the interaction (in most states). Keep your phone locked and recording.
- Get badge numbers and names. Document everything as soon as possible after.
Contact the ACLU (aclu.org) or a local immigration legal services organization if you're approached or scanned.
What Happens Next
The ACLU lawsuit against DHS is ongoing. Rep. Bennie Thompson's bill to restrict Mobile Fortify has bipartisan co-sponsors but faces an uphill battle in the current Congress [3].
Senate Democrats demanded ICE suspend facial recognition use in US cities in November 2025. ICE has not complied [1].
The surveillance infrastructure is in place. The legal challenges are years from resolution. Right now, the only protection is awareness: knowing what you're walking into and taking steps to minimize your exposure.
You have the right to protest. But the government is watching. Plan accordingly.
References
- Biometric Update: ICE, FBI Expand Facial Recognition Use to Protest Investigations (February 2026)
- Democracy Now: ICE Agents Film Minnesota Protesters & Immigrants as Part of Massive Facial Recognition Push (January 29, 2026)
- ACLU: Face Recognition and the 'Trump Terror': A Marriage Made in Hell (January 2026)
- The Conversation: Filming ICE is legal, but exposes you to digital tracking. Here's how to minimize the risk (February 2026)
- PBS NewsHour: Department of Homeland Security intensifies surveillance in immigration raids, sweeping in citizens (February 2026)
Published: February 5, 2026