[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7363 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 7363
To limit the Department of Homeland Security's use of facial
recognition.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 4, 2026
Ms. Jayapal introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on
Homeland Security, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To limit the Department of Homeland Security's use of facial
recognition.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ICE Out of Our Faces Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Biometric surveillance system.--The term ``biometric
surveillance system'' means computer software that performs
facial recognition or other biometric recognition in real time
or on a recording or photograph.
(2) Covered immigration officer.--The 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)).
(3) Facial recognition.--The 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.
(4) Other biometric recognition.--The 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.
(5) Voice recognition technology.--The 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. 3. PROHIBITION ON THE USE OF BIOMETRIC SURVEILLANCE BY U.S.
IMMIGRATION AND CUSTOMS ENFORCEMENT OR U.S. CUSTOMS AND
BORDER PROTECTION.
(a) In General.--It shall be unlawful for any covered immigration
officer to acquire, possess, access, or use in the United States--
(1) any biometric surveillance system; or
(2) information derived from a biometric surveillance
system operated by another entity.
(b) Biometric Data Deletion.--All information collected by a
covered immigration officer for use in, or derived from, a biometric
surveillance system, 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) 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.
(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 officer 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 officer 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 officers imposed
by this section.
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