Bill Sponsor: Sen. Ed Markey (D-MA)
Congress: 119
Date Introduced: Feb. 4, 2026
Last Action: Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (Feb. 4, 2026)
ICE Out of Our Faces Act
This bill aims to strictly prohibit U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), and deputized local officers from using facial recognition and other biometric surveillance technologies. The legislation makes it unlawful for these covered immigration officers to acquire, access, or use any biometric surveillance system or information derived from one. Because the bill contains no exceptions for routine identity verification or trusted traveler programs, it would effectively halt CBP's biometric processing at U.S. Ports of Entry, forcing the abandonment of initiatives like Simplified Arrival, Global Entry facial recognition, Biometric Exit, and the CBP One/Home app in favor of returning to manual document inspections. Additionally, the bill mandates the deletion of all previously collected biometric data within 30 days of enactment and enforces these restrictions by creating a private right of action for aggrieved individuals, empowering State Attorneys General to file civil lawsuits, and subjecting violating officers to disciplinary measures.
Sen. Ron Wyden (D-OR) (Feb. 4, 2026)
Sen. Jeff Merkley (D-OR) (Feb. 4, 2026)
Sen. Angela Alsobrooks (D-MD) (Feb. 4, 2026)
Sen. Bernie Sanders (I-VT) (Feb. 4, 2026)
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