H.R. 7363

[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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