Sponsors (5)
The bill strengthens privacy and enforceable remedies against ICE/CBP biometric surveillance—protecting immigrants and others—but leaves modality and retention gaps, expands contractor relevance, and may impede investigations while increasing government litigation exposure.
Immigrants, border communities, and people stopped by ICE/CBP gain stronger privacy protections: the bill narrows the definition of covered biometric surveillance, prohibits ICE/CBP use of such surveillance, and requires deletion of collected biometric data within 30 days.
Individuals harmed by unlawful biometric collection can obtain enforceable remedies: a private right of action for actual and punitive damages and an exclusionary rule making unlawfully obtained biometric data inadmissible in most proceedings.
State attorneys general can sue on behalf of residents (parens patriae), enabling state-level enforcement that supplements federal oversight of biometric use.
Immigrants, border communities, and travelers may still face intrusive surveillance because the bill allows certain distance-ascertained biometrics (e.g., gait, voice) that fall outside the narrow definition of covered biometric surveillance.
The bill does not limit retention, sharing, or operational uses for some biometric modalities (e.g., non-distance fingerprints/palm prints), so privacy and misuse risks can persist even where collection is narrowed.
Including contractors and subcontractors broadly could expand surveillance reach outside direct agency oversight, undermining accountability and enabling third-party operational uses.
Based on analysis of 3 sections of legislative text.
Prohibits ICE/CBP immigration officers from using or possessing biometric surveillance systems or derived data and requires deletion of existing data within 30 days of enactment.
Official title: Limit the Department of Homeland Security's use of facial recognition.
Introduced February 4, 2026 by Edward John Markey · Last progress February 4, 2026
Prohibits ICE and CBP immigration officers from acquiring, possessing, accessing, or using biometric surveillance systems (including facial recognition and certain voice/gait recognition) or information derived from them anywhere in the United States. Requires deletion of already-collected biometric-surveillance data within 30 days of enactment, creates a private right of action and state enforcement authority, allows courts to award damages and fees, and permits employment sanctions against officers who violate the ban.