TL;DR: Senators Markey, Merkley, Wyden and Rep. Jayapal introduced the ICE Out of Our Faces Act on February 5, 2026. The bill would ban ICE and CBP from acquiring or using any facial recognition or biometric identification technology. It mandates deletion of all existing biometric data. It lets individuals sue and state attorneys general pursue civil penalties. EFF, EPIC, ACLU, and Fight for the Future all endorsed it. Given the current Congress, it has zero chance of passing, but it draws a clear line on what a facial recognition ban should look like.
What the Bill Does
The ICE Out of Our Faces Act takes a sledgehammer approach to immigration surveillance. No exceptions, no pilot programs, no "limited use" carve-outs.[1]
It bans ICE and CBP from:
- Acquiring any facial recognition technology
- Using any facial recognition systems
- Deploying any biometric identification systems (iris scans, voice recognition, gait analysis)
- Using information from biometric systems operated by other agencies
It mandates deletion of:
- All data previously collected for use in biometric identification systems
- All biometric data currently held by ICE and CBP
It creates enforcement mechanisms:
- Private right of action: individuals can sue ICE/CBP for violations
- State attorneys general can pursue civil penalties
The Sponsors
This isn't a fringe proposal. The sponsors are serious legislators with track records on privacy:[1]
Senator Edward Markey (D-MA)
Lead author. Co-authored the original COPPA law. "ICE and CBP agents are using facial recognition technologies to track, target, and surveil individuals across the country."
Senator Jeff Merkley (D-OR)
"This technology is dangerous in the hands of any government, and the Trump Administration is abusing it."
Senator Ron Wyden (D-OR)
Long-time surveillance hawk. "ICE and CBP have trampled on our Constitution when they build databases of regular people."
Rep. Pramila Jayapal (D-WA)
House lead. "We must urgently pass the ICE Out of Our Faces Act to stop the proliferation of this technology, protect our communities, and protect our democracy."
Co-sponsors include Senators Angela Alsobrooks (D-MD) and Bernie Sanders (I-VT).[1]
Why This Bill, Why Now
ICE has been quietly building a facial recognition apparatus for years. This bill arrives as that system goes into overdrive.
Mobile Fortify: ICE agents now carry an app on their phones that runs facial recognition in the field. They scan people during traffic stops, workplace raids, and home visits. France 24 documented agents using it on U.S. citizens and immigrants alike.[2]
CBP's Clearview Deal: Customs and Border Protection signed a contract with Clearview AI, the company that scraped 60 billion photos from social media. CBP gets access to that database for "tactical targeting."[3]
The Numbers: The EFF reports ICE has conducted approximately 100,000 facial recognition scans. That's 100,000 times an algorithm decided if someone should be investigated, detained, or deported.[4]
The technology has documented misidentification problems. Facial recognition systems consistently perform worse on darker skin tones, women, and older adults. When ICE uses this tech for enforcement, those errors have life-altering consequences.
Who's Backing It
The civil liberties coalition is unified. Eight major organizations endorsed within days of introduction:[1][4][5]
- Electronic Frontier Foundation (EFF): "It's past time for the federal government to end its use of this abusive surveillance technology."
- Electronic Privacy Information Center (EPIC)
- American Civil Liberties Union (ACLU)
- Fight for the Future
- The Leadership Conference's Center for Civil Rights and Technology
- Free Press Action
- Access Now
- Human Rights First
Reality Check
This bill isn't passing. Not this Congress.
Republicans control both chambers. The administration is expanding immigration enforcement, not constraining it. DHS leadership has called facial recognition "essential" to border security operations.
So why does the bill matter?
It sets the marker. When a future Congress considers facial recognition regulation, this bill defines what a real ban looks like. Not limits. Not oversight. A ban.
It forces the debate. Every co-sponsor has to explain their position. Every opponent has to go on record defending ICE's use of dragnet biometric surveillance.
It builds the coalition. Eight major civil liberties organizations co-signing puts pressure on tech companies, state legislatures, and future administrations.
What You Can Do
Contact Your Representatives
Call your senators and representative. Ask them to co-sponsor the ICE Out of Our Faces Act. Find contact info at congress.gov.
Support the Organizations
EFF, EPIC, ACLU, and Fight for the Future are doing the work. Join EFF. Support ACLU.
Know Your Rights
If approached by ICE, you have the right to remain silent. You don't have to consent to facial recognition scans. Read the ACLU's guide.
Watch Your State
While Congress stalls, states are acting. Massachusetts has a biometric surveillance ban in committee. Portland banned city use of facial recognition five years ago. Push your state.
The Bigger Picture
Facial recognition at the border doesn't stay at the border.
The databases ICE and CBP build become resources for other agencies. The techniques they develop spread to local police. The precedent they set, that the government can scan your face without consent, store your biometrics indefinitely, and use them to track your movements, becomes normalized.
The ICE Out of Our Faces Act won't become law this year. But it articulates a principle worth fighting for: your face isn't government property.
References
- Senator Markey Press Release - ICE Out of Our Faces Act Introduction
- France 24 - ICE agents use app to scan US citizens and immigrants
- State of Surveillance - CBP Signs Clearview AI Contract
- EFF - Yes to the ICE Out of Our Faces Act
- EPIC - Endorses New Bill to Ban ICE and CBP From Using Facial Recognition Technology
Published: February 16, 2026