ICE Out of Our Faces Act

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.

The term covered immigration officer means any individual who is—

(A) authorized to perform immigration enforcement functions; and

(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)).

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.

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.

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.

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.

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.

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.

A violation of this section constitutes an injury to any individual aggrieved by such violation.

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.

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.

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.

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.

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.