Sponsors (11)
Prohibits ICE/CBP and deputized immigration officers from using biometric surveillance (facial, gait, voice) and requires deletion of covered data within 30 days of enactment.
Official title: To limit the Department of Homeland Security's use of facial recognition.
Introduced February 4, 2026 by Pramila Jayapal · Last progress February 4, 2026
The bill substantially strengthens privacy and legal accountability by banning ICE/CBP use of certain biometric surveillance and forcing rapid data deletion, but it risks reducing some border security capabilities, disrupting investigations, increasing litigation costs, and leaving potential gaps or contractor-driven misuse due to broad definitions.
Immigrants and people encountered by ICE/CBP are protected from agency use of face/gait/voice biometric surveillance and related tracking; the bill bans those uses and requires deletion of existing biometric identifiers within 30 days, reducing government tracking and long-term retention of sensitive data.
Individuals gain stronger legal remedies and oversight: people harmed by unlawful biometric use can sue and recover damages, states can sue on behalf of residents, and violating officers face personnel sanctions (retraining, suspension, termination), increasing accountability for misuse.
Law enforcement and agencies have clearer definitions of covered biometric tools and covered personnel (including 287(g) designees) and clearer distinctions between distant modalities (face, gait, voice) and fingerprints/palmprints, reducing uncertainty about what is regulated and improving compliance.
All Americans may face reduced border security and decreased ICE/CBP ability to identify and detain some criminal or national-security threats because the bill prohibits certain biometric tools for covered immigration officers.
Law enforcement investigations and operational uses that rely on retained biometric data could be disrupted by the immediate 30-day deletion requirement, complicating casework and evidence handling.
The federal government could face increased litigation exposure (actual and punitive damages, attorneys’ fees), raising costs for taxpayers and potentially diverting agency resources to defend or pay lawsuits.
Based on analysis of 3 sections of legislative text.
Prohibits ICE and CBP immigration officers from acquiring, possessing, accessing, or using any biometric surveillance system or information derived from such systems anywhere in the United States, and requires deletion of previously collected biometric-surveillance-derived data within 30 days of enactment. It creates private and state enforcement pathways, allows courts to award actual and punitive damages plus attorneys’ fees, and authorizes employment penalties for covered officers who violate the ban. The law defines covered technologies (facial recognition, other biometric recognition, voice recognition) and covered officers (ICE, CBP, and individuals deputized under INA § 287(g)). It limits federal use of improperly obtained biometric information to only judicial proceedings alleging violations of the prohibition, and preserves other laws except where they conflict with this statute.