ICE Out of Our Faces Act

Bill Number

S. 3779

Origin Chamber

Senate

Congress

119th Congress, Session 2

Status

Introduced

Latest Action

2026-02-04: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Last Updated

2026-02-21T04:53:26Z

AI-Generated Summary

Purpose

The "ICE Out of Our Faces Act" (S. 3779) aims to protect privacy and civil liberties by prohibiting the use of facial recognition and other biometric surveillance technologies by U.S. immigration enforcement agencies within the Department of Homeland Security (DHS). It targets potential misuse of these tools in immigration enforcement, emphasizing restrictions on real-time or recorded biometric identification.

Key Provisions

• Definitions:
• Biometric surveillance system: Software that uses facial recognition or other biometric methods (like gait analysis or voice recognition) to identify or track individuals in real time or from recordings/photos.
• Covered immigration officer: Includes employees, agents, contractors, or subcontractors of U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP), as well as those deputized under immigration laws.
• Facial recognition: Automated processes that identify or infer details about a person based on facial features, emotions, or activities.
• Other biometric recognition: Covers gait (walking pattern), voice, or distance-based immutable traits for identification or surveillance, excluding fingerprints or palm prints taken up close.
• Voice recognition technology: Automated identification or verification using voice characteristics.

• Prohibition on Use: Covered immigration officers are barred from acquiring, possessing, accessing, or using any biometric surveillance system or data derived from such systems operated by others, anywhere in the United States.

• Data Deletion Requirement: All biometric data collected by covered officers, including pre-enactment data, must be deleted within 30 days of the law's passage.

• Judicial and Enforcement Mechanisms:
• Evidence obtained in violation is inadmissible in most federal investigations or proceedings, except those alleging violations of this act.
• Aggrieved individuals can sue the federal government for violations, seeking actual damages, punitive damages, attorney fees, and injunctive relief (court orders to stop actions).
• State attorneys general or similar officers can file lawsuits on behalf of residents if state interests are harmed.
• Violating officers face penalties like retraining, suspension, termination, or other disciplinary actions through due process.

• Rule of Construction: The law does not override existing federal, state, or local laws unless they directly conflict with these restrictions.

Significant Changes to Existing Law

• This bill introduces a outright ban on biometric surveillance for ICE and CBP, which currently use such technologies (e.g., facial recognition at borders or in enforcement operations) under broader DHS authorities.
• It mandates retroactive data deletion, differing from prior practices where such data could be retained indefinitely.
• New private right of action and state enforcement options expand accountability, moving beyond internal DHS oversight to external judicial remedies, without altering core immigration statutes like the Immigration and Nationality Act.

Potential Impacts

• On Government Agencies: DHS components like ICE and CBP would lose key surveillance tools, potentially slowing immigration enforcement, border screening, and investigations. This could require agencies to adopt alternative methods, increasing operational costs or reducing efficiency.
• On Citizens and Residents: Enhances privacy protections for immigrants, travelers, and communities near borders or enforcement zones by limiting warrantless biometric tracking. It may reduce fears of mass surveillance but could indirectly affect public safety if enforcement tools are curtailed.
• On International Relations: Could signal U.S. commitment to privacy in immigration tech, influencing alliances or criticisms from countries concerned about surveillance exports; however, it might weaken perceived border security, impacting diplomatic discussions on migration.

Main Stakeholders Affected

• DHS Agencies (ICE and CBP): Directly restricted in operations; must comply with deletions and face potential lawsuits.
• Immigrants and Border Communities: Primary beneficiaries through reduced surveillance risks, including undocumented individuals or legal residents.
• Privacy and Civil Rights Advocates: Groups like the ACLU or Electronic Frontier Foundation, who may support enforcement via lawsuits.
• State Governments: Attorneys general gain new authority to protect residents, potentially leading to multi-state actions.
• Tech Providers and Contractors: Companies supplying biometric tools to DHS could lose contracts or face liability.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens privacy enforcement by creating a federal cause of action, potentially overwhelming courts with suits; inadmissibility rules could limit evidence in immigration cases, raising questions about due process under the Fifth Amendment.
• Constitutional: Aligns with Fourth Amendment protections against unreasonable searches (biometric scans as "searches" without warrants), but may face challenges claiming it hampers national security or executive immigration powers under Article II.
• Political: Highlights partisan divides on immigration and tech privacy—sponsored by progressive senators, it could spark debates on balancing security with civil liberties; if passed, it might inspire similar restrictions on other agencies like the FBI, influencing broader surveillance policy.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Markey, Edward J. [D-MA]

Cosponsors (4)

Sen. Wyden, Ron [D-OR], Sen. Merkley, Jeff [D-OR], Sen. Alsobrooks, Angela D. [D-MD], Sen. Sanders, Bernard [I-VT]

Recent Actions

• 2026-02-04: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
• 2026-02-04: Introduced in Senate

Bill Versions

• ICE Out of Our Faces Act — issued 2026-02-04 — PDF (7 pages)