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HR 7363

ICE Out of Our Faces Act

119th Congress Introduced by Steve Cohen and 9 co-sponsors

The bill would ban covered immigration officers from using biometric surveillance, including facial recognition, and require deletion of such data within 30 days.

Referred to the Subcommittee on Border Security and Enforcement.
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Bill Summary · HR 7363

Purpose and intent

  • HR 7363, the ICE Out of Our Faces Act, aims to restrict the Department of Homeland Security’s use of biometric surveillance, with a focus on facial recognition and other biometric technologies, by prohibiting acquisition, possession, access, or use by covered immigration officers.
  • The bill would prohibit DHS components involved in immigration enforcement from employing biometric surveillance systems or data derived from such systems, effectively limiting surveillance capabilities in immigration enforcement.

Key definitions

  • Biometric surveillance system: software that performs facial recognition or other biometric recognition in real time or on recordings or photographs.
  • Covered immigration officer: individuals authorized to perform immigration enforcement functions and employed by or contracted with U.S. Customs and Border Protection (CBP), U.S. Immigration and Customs Enforcement (ICE), or designated under 8 U.S.C. 1357(g) (287(g) program).
  • Facial recognition: automated or semi-automated processes that identify or characterize a person from facial data, including emotion or location inference.
  • Other biometric recognition: automated or semi-automated processes using gait or other non-face identifiers, voice recognition, or related emotion/activity/location inferences, excluding fingerprints or palm prints obtained from a distance.
  • Voice recognition technology: automated or semi-automated processes identifying or verifying a person by voice.

Prohibited actions and major provisions

  • Prohibition (Section 3(a)): It is unlawful for any covered immigration officer to acquire, possess, access, or use a biometric surveillance system in the United States, or to use information derived from such a system operated by another entity.
  • Data deletion (Section 3(b)): Any biometric data collected or derived by a covered immigration officer must be deleted within 30 days of enactment, including data collected prior to enactment.
  • Admissibility and enforcement (Section 3(c)):
    • Information obtained in violation of the ban is generally not admissible in federal investigations or proceedings, except in judicial investigations or proceedings alleging a violation.
    • Private rights: individuals harmed by a violation may sue the federal government for relief, including damages and attorneys’ fees.
    • State enforcement: states may bring civil actions (parens patriae) to enforce the act on behalf of their residents, with potential remedies including actual damages, punitive damages, attorneys’ fees, and injunctive relief.
  • Civil penalties and discipline (Section 3(d)): Violations by covered immigration officers may result in retraining, suspension, termination, or other penalties consistent with due process.
  • Non-preemption (Section 3(e)): The act does not preempt other federal, state, or local laws absent an actual conflict with its restrictions.

Who would be affected

  • Covered immigration officers involved in CBP, ICE, and 287(g) enforcement activities, as well as contractors and subcontractors performing immigration enforcement functions.
  • Federal investigators, prosecutors, and administrative proceedings dealing with violations of the act.
  • States and state attorneys general could bring enforcement actions under a parens patriae theory to protect residents’ interests.

Procedural and timeline aspects

  • Introduction date: February 4, 2026.
  • Referred to the House Judiciary Committee and the House Homeland Security Committee for consideration; subsequently referred to a subcommittee (e.g., Border Security and Enforcement) as part of the legislative process.
  • As a new bill in the 119th Congress, it would follow standard committee markup and floor voting procedures before any potential passage or further action in the Senate.

Potential impact and considerations

  • Reduces DHS reliance on facial recognition and related biometric technologies in immigration enforcement, potentially slowing operations that depend on real-time or stored biometric data.
  • Establishes a 30-day data deletion requirement for biometric information collected by covered officers, creating a time-bound privacy safeguard.
  • Creates avenues for individuals and states to seek redress and damages for violations, increasing accountability for DHS personnel.
  • Could influence DHS procurement, training, and field operations, requiring policy changes and potential budget adjustments to phase out certain biometric systems.
  • If enacted, enforcement would depend on ongoing compliance efforts, due process protections, and potential challenges or updates through subsequent legislation or agency rulemaking.

Compiled from official sources — confirm details with the bill’s official record.

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