Bill · S. 3779· Senate(119-S-3779)
ICE Out of Our Faces Act
- Introduced
- 2/4/2026
- Last activity
- 2/4/2026 — Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- Sponsored by
- Edward Markey
- Cosponsors
- - 3 - 0
- Introduced
- In Committee
What this bill would do
This bill, known as the "ICE Out of Our Faces Act," aims to limit the Department of Homeland Security's use of facial recognition. It prohibits covered immigration officers from acquiring, possessing, accessing, or using biometric surveillance systems or information derived from them within the United States. The Act requires the deletion of all such collected information within 30 days of enactment. It also establishes that information obtained in violation of these rules is inadmissible in most legal proceedings. Finally, it provides individuals and State attorneys general the right to sue the Federal Government for violations.
Yes· 3 of 8
Does this protect people from being watched or searched?+9
The act provides strong protections against government biometric surveillance and establishes a private right of action for privacy violations.
Does this give people more control over their personal data?+9
The bill mandates the deletion of biometric data and prevents its use by specified immigration officers.
Would immigrants be better off under this?+7
The bill directly limits the ability of immigration officers to use facial recognition and biometric data against individuals.
The opposite
Does this tighten control of the border?-4
The bill restricts the tools available to immigration and border enforcement officers, which may impact surveillance capabilities.
Who it would affect, and how
Potential Positive Impacts for People
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Prohibition of biometric surveillance: Covered immigration officers would be prohibited from acquiring, possessing, accessing, or using biometric surveillance systems or derived information (Section 3(a)).
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Data deletion requirement: All information collected by a covered immigration officer for use in or derived from a biometric surveillance system must be deleted within 30 days of the Act's enactment (Section 3(b)).
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Legal recourse for individuals: An aggrieved individual has the right to institute proceedings against the Federal Government in a court of competent jurisdiction (Section 3(c)(2)(B)).
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Potential for financial compensation: In successful civil actions, courts may award actual damages, punitive damages, and reasonable attorneys' fees and costs (Section 3(c)(2)(D)).
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Enforcement by State officials: State attorneys general or other authorized State officers may bring civil actions on behalf of residents if their interests are threatened or adversely affected by a violation (Section 3(c)(2)(C)).
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Accountability for officers: Covered immigration officers who violate these provisions may face retraining, suspension, termination, or other penalties (Section 3(d)).
Potential Negative Impacts for People
- Restriction on evidence: Information obtained in violation of this section is not admissible by the Federal Government in criminal, civil, administrative, or other investigations or proceedings, unless the proceeding alleges a violation of this section itself (Section 3(c)(1)).
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Hover a score for the reason it gave.
- Demographic And Interest Groups
- Good For Immigrants+7Good For Hispanic Americans+5Good For Low Income Households+3
- Governance And Ideology
- Improves Privacy Rights+9Improves Government Transparency+4
- Education And Technology
- Improves Data Privacy+9
- Social Issues And Justice
- Improves Racial Equity+6Improves Pathway To Citizenship+3Improves Border Security-4
- 2/4/2026
- Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- 4 Cosponsors added.
- Introduced in Senate
One bill Congress.gov lists as related to this one — companions in the other chamber, earlier versions, and bills this one absorbed or was folded into.
Angela AlsobrooksDemocrat · Maryland
Jeff MerkleyDemocrat · Oregon
Bernie SandersIndependent · Vermont
Ron WydenDemocrat · Oregon