The bill that would delete the database In February 2026, a coalition of Democratic senators and representatives introduced the ICE Out of Our Faces Act — legislation that would banImmigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) from using facial recognition technology and require the deletion of all biometric data collected for identification purposes. If passed, it would be the strongest federal restriction on biometric surveillance in U.S. history. What the bill does The ICE Out of Our Faces Act (S. 335 / H.R. 832) contains several unprecedented provisions: Complete ban on facial recognition for ICE and CBP. Neither agency could use facial recognition or other biometric identification systems for immigration enforcement. Mandatory deletion of existing data. All biometric data collected for use in identification systems would have to be deleted within one year of the bill's enactment. Prohibition on data sharing with other agencies. ICE and CBP could not share biometric databases with state/local law enforcement, other federal agencies, or private companies. Private right of action. Individuals whose biometric data was unlawfully retained could sue for damages. Funding restrictions. No federal funds could be used to deploy facial recognition at immigration facilities or border crossings. Why this matters now The bill arrives amid several converging developments: The Clearview AI ecosystem ICE and CBP have been prolific users of facial recognition technology, often through contracts with private vendors. A 2025 investigation revealed ICE had conducted over 1.5 million facial recognition searches using Clearview AI — a company built on scraping billions of photos from social media without consent. The ICE Out of Our Faces Act would force ICE to sever those relationships and delete the databases built from them. The Meta glasses threat As documented in this publication, Meta is planning to add facial recognition to its smart glasses. If ICE cannot legally operate facial recognition systems, the incentive for commercial vendors to maintain large biometric databases would shrink. The bill creates a federal standard that directly undermines the surveillance infrastructure both government agencies and private companies depend on. State and local momentum Multiple cities have already banned government use of facial recognition: Portland, Oregon San Francisco, California Portland, Maine Somerville, Massachusetts Burlington, Vermont But state and local bans do not apply to federal law enforcement. The ICE Out of Our Faces Act would close that gap specifically for immigration enforcement. The coalition behind the bill The bill was introduced by: Sen. Ed Markey (D-MA) Sen. Jeff Merkley (D-OR) Sen. Ron Wyden (D-OR) Rep. Pramila Jayapal (D-WA) Supporting organizations include: ACLU Electronic Privacy Information Center (EPIC) Fight for the Future National Immigration Forum Color of Change EPIC's endorsement statement called facial recognition "a dangerous and invasive surveillance technology, particularly in the hands of an agency that is cavalier with the rights of immigrant communities." The opposition The bill faces predictable opposition: DHS argues facial recognition is essential for border security and identifying criminal suspects Contractor lobby — vendors like Clearview AI, Palantir, and NEC America have built business models on ICE/CBP contracts Republican leadership has opposed biometric restrictions as "soft on border security" The counter-argument: ICE's track record with biometric data includes false matches leading to wrongful deportations, collection of children's biometric data, and partnerships with unreliable private vendors. As Rep. Jayapal stated in the bill's introduction: "We must stop allowing ICE and CBP to use our faces as government surveillance tools." What the EU got right The EU AI Act provides a useful contrast. While it allows limited law enforcement exceptions for biometric surveillance, it generally prohibits real-time biometric identification in public spaces — and does not allow immigration enforcement to operate outside those rules. The ICE Out of Our Faces Act would go further than the EU by: Banning facial recognition for ICE/CBP even in non-public spaces Requiring deletion of existing databases Creating a private right of action for enforcement What you can do Contact your representatives about S.335 / H.R.832. Cosponsors matter for bill momentum. Support organizations fighting biometric surveillance (EPIC, Access Now, Fight for the Future). Check your local ordinances. If your city hasn't banned government facial recognition, start the campaign. Use adversarial techniques. Clothing with high-contrast patterns can confuse some facial recognition systems in public spaces. The bottom line The ICE Out of Our Faces Act is the most aggressive federal biometric privacy legislation ever introduced in the United States. It acknowledges a simple truth: facial recognition is not a border security tool. It is a surveillance technology that enables dragnet monitoring of immigrant communities, protesters, and anyone else who comes into contact with the deportation machine. Whether the bill passes depends on political will. But its existence shifts the Overton window — establishing that deleting biometric databases is not radical, it is proportionate. The alternative is a future where ICE can identify any person, anywhere, at any time — and the database already exists to do it.