WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
This Act may be cited as the ''ICE Out of Our Faces Act''.
Establishes the short title of the Act as the ICE Out of Our Faces Act. This section creates no compliance obligations.
(1) The term ''biometric surveillance systemBiometric surveillance systemThe term "biometric surveillance system" means computer software that performs facial recognition or other biometric recognition in real time or on a recording or photograph.Sec. 2(1)'' means computer software that performs facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that— (A) assists in identifying an individual, capturing information about an individual, matching an individual to a list or otherwise generating or assisting in generating surveillance or identification information about an individual based on the physical characteristics of the individual's face; or (B) logs characteristics of an individual's face, head, or body to infer emotion, associations, activities, or the location of an individual.Sec. 2(3) or other biometric recognitionOther biometric recognitionThe term "other biometric recognition"— (A) means an automated or semi-automated process that— (i) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the characteristics of the individual's gait or other immutable characteristic ascertained from a distance; (ii) uses voice recognition technology; or (iii) logs characteristics referred to in clause (i) or (ii) to infer emotion, associations, activities, or the location of an individual; and (B) does not include identification based on fingerprints or palm prints not ascertained from a distance.Sec. 2(4) in real time or on a recording or photograph.
(2) The term ''covered immigration officerCovered immigration officerThe term "covered immigration officer" means any individual who is— (A) authorized to perform immigration enforcement functions; and (B)(i) an officer, employee, agent, contractor, or subcontractor of U.S. Customs and Border Protection; (ii) an officer, employee, agent, contractor, or subcontractor of U.S. Immigration and Customs Enforcement; or (iii) an individual authorized, deputized, or designated to perform immigration enforcement functions pursuant to section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)).Sec. 2(2)'' means any individual who is— (A) authorized to perform immigration enforcement functions; and (B)(i) an officer, employee, agent, contractor, or subcontractor of U.S. Customs and Border Protection; (ii) an officer, employee, agent, contractor, or subcontractor of U.S. Immigration and Customs Enforcement; or (iii) an individual authorized, deputized, or designated to perform immigration enforcement functions pursuant to section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)).
(3) The term ''facial recognitionFacial recognitionThe term "facial recognition" means an automated or semi-automated process that— (A) assists in identifying an individual, capturing information about an individual, matching an individual to a list or otherwise generating or assisting in generating surveillance or identification information about an individual based on the physical characteristics of the individual's face; or (B) logs characteristics of an individual's face, head, or body to infer emotion, associations, activities, or the location of an individual.Sec. 2(3)'' means an automated or semi-automated process that— (A) assists in identifying an individual, capturing information about an individual, matching an individual to a list or otherwise generating or assisting in generating surveillance or identification information about an individual based on the physical characteristics of the individual's face; or (B) logs characteristics of an individual's face, head, or body to infer emotion, associations, activities, or the location of an individual.
(4) The term ''other biometric recognitionOther biometric recognitionThe term "other biometric recognition"— (A) means an automated or semi-automated process that— (i) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the characteristics of the individual's gait or other immutable characteristic ascertained from a distance; (ii) uses voice recognition technology; or (iii) logs characteristics referred to in clause (i) or (ii) to infer emotion, associations, activities, or the location of an individual; and (B) does not include identification based on fingerprints or palm prints not ascertained from a distance.Sec. 2(4)''— (A) means an automated or semi-automated process that— (i) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the characteristics of the individual's gait or other immutable characteristic ascertained from a distance; (ii) uses voice recognition technologyVoice recognition technologyThe term "voice recognition technology" means an automated or semi-automated process that assists in identifying or verifying an individual based on the characteristics of an individual's voice.Sec. 2(5); or (iii) logs characteristics referred to in clause (i) or (ii) to infer emotion, associations, activities, or the location of an individual; and (B) does not include identification based on fingerprints or palm prints not ascertained from a distance.
(5) The term ''voice recognition technologyVoice recognition technologyThe term "voice recognition technology" means an automated or semi-automated process that assists in identifying or verifying an individual based on the characteristics of an individual's voice.Sec. 2(5)'' means an automated or semi-automated process that assists in identifying or verifying an individual based on the characteristics of an individual's voice.
Defines five key terms used throughout the Act. Biometric surveillance system is defined broadly to include facial recognition and other biometric recognition performed in real time or on recordings or photographs. Covered immigration officer sweeps in all officers, employees, agents, contractors, and subcontractors of CBP and ICE, plus 287(g) designees. Facial recognition covers both identification functions and emotion/activity inference from facial, head, or body characteristics. Other biometric recognition includes gait, voice, and immutable-characteristic analysis ascertained from a distance, but carves out fingerprint and palm-print identification not ascertained from a distance.
(a) 1 IN GENERAL.—It shall be unlawful for any covered immigration officerCovered immigration officerThe term "covered immigration officer" means any individual who is— (A) authorized to perform immigration enforcement functions; and (B)(i) an officer, employee, agent, contractor, or subcontractor of U.S. Customs and Border Protection; (ii) an officer, employee, agent, contractor, or subcontractor of U.S. Immigration and Customs Enforcement; or (iii) an individual authorized, deputized, or designated to perform immigration enforcement functions pursuant to section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)).Sec. 2(2) to acquire, possess, access, or use in the United States— (1) any biometric surveillance systemBiometric surveillance systemThe term "biometric surveillance system" means computer software that performs facial recognition or other biometric recognition in real time or on a recording or photograph.Sec. 2(1); or (2) information derived from a biometric surveillance systemBiometric surveillance systemThe term "biometric surveillance system" means computer software that performs facial recognition or other biometric recognition in real time or on a recording or photograph.Sec. 2(1) operated by another entity.
(b) 2 BIOMETRIC DATA DELETION.—All information collected by a covered immigration officerCovered immigration officerThe term "covered immigration officer" means any individual who is— (A) authorized to perform immigration enforcement functions; and (B)(i) an officer, employee, agent, contractor, or subcontractor of U.S. Customs and Border Protection; (ii) an officer, employee, agent, contractor, or subcontractor of U.S. Immigration and Customs Enforcement; or (iii) an individual authorized, deputized, or designated to perform immigration enforcement functions pursuant to section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)).Sec. 2(2) for use in, or derived from, a biometric surveillance systemBiometric surveillance systemThe term "biometric surveillance system" means computer software that performs facial recognition or other biometric recognition in real time or on a recording or photograph.Sec. 2(1), including information collected before the date of the enactment of this Act, shall be deleted not later than 30 days after the date of the enactment of this Act.
(c)(1) JUDICIAL INVESTIGATIONS AND PROCEEDINGS.— (1) ADMISSIBILITY.—Except in a judicial investigation or proceeding alleging a violation of this section, information obtained in violation of this section is not admissible by the Federal Government in any criminal, civil, administrative, or other investigation or proceeding.
(c)(2) CAUSE OF ACTION.— (A) IN GENERAL.—A violation of this section constitutes an injury to any individual aggrieved by such violation. (B) RIGHT TO SUE.—An individual aggrieved by a violation of this section may institute proceedings against the Federal Government whose covered immigration officerCovered immigration officerThe term "covered immigration officer" means any individual who is— (A) authorized to perform immigration enforcement functions; and (B)(i) an officer, employee, agent, contractor, or subcontractor of U.S. Customs and Border Protection; (ii) an officer, employee, agent, contractor, or subcontractor of U.S. Immigration and Customs Enforcement; or (iii) an individual authorized, deputized, or designated to perform immigration enforcement functions pursuant to section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)).Sec. 2(2) is alleged to have violated this section for the relief described in subparagraph (D) in any court of competent jurisdiction. (C) ENFORCEMENT BY STATE ATTORNEYS GENERAL.—The chief law enforcement officer of a State, or any other State officer authorized by law to bring actions on behalf of the residents of a State, may bring a civil action, as parens patriae, on behalf of the residents of such State in an appropriate district court of the United States to enforce this Act, whenever the chief law enforcement officer or other State officer determines the interests of the residents of such State have been or are being threatened or adversely affected by a violation of this section. (D) RELIEF.—In a civil action authorized under subparagraph (B) in which the plaintiff prevails, the court may award— (i) actual damages; (ii) punitive damages; (iii) reasonable attorneys' fees and costs; and (iv) any other relief, including injunctive relief, that the court determines to be appropriate.
(d) CIVIL PENALTIES.—Any covered immigration officerCovered immigration officerThe term "covered immigration officer" means any individual who is— (A) authorized to perform immigration enforcement functions; and (B)(i) an officer, employee, agent, contractor, or subcontractor of U.S. Customs and Border Protection; (ii) an officer, employee, agent, contractor, or subcontractor of U.S. Immigration and Customs Enforcement; or (iii) an individual authorized, deputized, or designated to perform immigration enforcement functions pursuant to section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)).Sec. 2(2) who violates this section may be subject to retraining, suspension, termination, or any other penalty, as determined in an appropriate tribunal, and subject to applicable due process requirements.
(e) RULE OF CONSTRUCTION.—Nothing in this section may be construed to preempt or supersede any Federal, State, or local law absent actual conflict with the limitations on covered immigration officersCovered immigration officerThe term "covered immigration officer" means any individual who is— (A) authorized to perform immigration enforcement functions; and (B)(i) an officer, employee, agent, contractor, or subcontractor of U.S. Customs and Border Protection; (ii) an officer, employee, agent, contractor, or subcontractor of U.S. Immigration and Customs Enforcement; or (iii) an individual authorized, deputized, or designated to perform immigration enforcement functions pursuant to section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)).Sec. 2(2) imposed by this section.
This is the Act's sole operative section, imposing a categorical ban on covered immigration officers acquiring, possessing, accessing, or using biometric surveillance systems or information derived from them anywhere in the United States. The prohibition extends to information obtained from third-party systems, closing the data-sharing loophole. A mandatory data-deletion requirement applies to all biometric surveillance data — including data collected before enactment — within 30 days of enactment.
The enforcement architecture is unusually robust for a federal biometric ban: evidence obtained in violation is inadmissible (except in proceedings enforcing the ban itself), any aggrieved individual has standing to sue the Federal Government with punitive damages and attorney fees available, and state attorneys general may bring parens patriae actions. Individual officers face administrative penalties including termination. An anti-preemption savings clause preserves stronger state and local protections.