The bill strengthens biometric privacy and accountability for immigrants by banning ICE/CBP biometric surveillance, forcing rapid deletion, and enabling lawsuits and state enforcement — but it may weaken border-security capabilities, leave enforcement gaps, broaden non‑federal access to biometric tools, and raise litigation and operational costs.
Immigrants and people in the U.S. are barred from ICE/CBP biometric surveillance (face, gait, voice, etc.), reducing government tracking and facial-recognition-based identification at the border.
U.S. residents' biometric privacy improves because agencies must delete existing biometric data within 30 days, limiting retention of sensitive identifiers.
Individuals harmed by unlawful biometric use gain a private right to sue and recover damages and attorneys’ fees, increasing accountability and potential remedies.
Prohibiting ICE/CBP use of biometric tools may reduce their ability to identify and detain criminal or national-security threats encountered at the border, potentially weakening border security and public safety.
Broader, technology-agnostic definitions could enable more intrusive monitoring (including emotion or association inference) by actors not covered by the ban, increasing privacy risks for immigrants and border communities.
Including contractors and subcontractors in the covered roles expands who may use biometric tools, increasing the risk of data sharing or misuse outside federal oversight.
Based on analysis of 3 sections of legislative text.
Prohibits ICE and CBP officers and their contractors from using biometric surveillance systems in the U.S., requires deletion of existing biometric data within 30 days, and creates civil and employment penalties.
Introduced February 4, 2026 by Pramila Jayapal · Last progress February 4, 2026
Bans U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) officers — including their contractors and deputized agents — from acquiring, possessing, accessing, or using biometric surveillance systems or data from those systems in the United States. Requires deletion of all biometric surveillance data already held by those officers within 30 days of enactment, and limits any federal use of improperly obtained data to judicial matters alleging violations of this prohibition. The bill also creates a private right of action, allows state enforcement, and authorizes employment penalties for covered officers who violate the ban.