In one paragraph
The federal H.R. 7363 (ICE Out of Our Faces Act) would make it unlawful for any covered immigration officer (officers, employees, agents and contractors of ICE or CBP and officials deputized under INA section 287(g)) to acquire, possess, access or use in the United States any biometric surveillance system, including facial recognition, or information from one run by another entity. Data collected would have to be deleted within 30 days after enactment. Introduced February 4, 2026 and referred to the House Judiciary and Homeland Security committees (and the Border Security and Enforcement Subcommittee); no further action.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
None yet: the bill is pending. No duties for businesses. It bars ICE, CBP and 287(g) personnel, including contractors, from using facial recognition and other biometric surveillance.
Key provisions
- Sec. 3(a): it shall be unlawful for any covered immigration officer to acquire, possess, access, or use in the United States any biometric surveillance system or information derived from one operated by another entity
- Biometric surveillance system: software that performs facial recognition or other biometric recognition (gait, voice and similar) in real time or on a recording or photograph; fingerprints and palm prints not taken from a distance are excluded
- Sec. 3(b): all information collected for use in or derived from such a system shall be deleted not later than 30 days after enactment
- Sec. 3(c): information obtained in violation is not admissible by the Federal Government; an aggrieved individual may sue the Federal Government for actual and punitive damages, attorney's fees and injunctive relief; a State chief law enforcement officer may sue as parens patriae
- Sec. 3(d): a violating officer may face retraining, suspension, termination or other penalty; Sec. 3(e): no preemption of Federal, State or local law absent actual conflict
Latest legislative action
Feb 5, 2026. Referred to the Subcommittee on Border Security and Enforcement.
Sponsors (showing 5 of 9)
| Name | Role | District |
|---|---|---|
| Adam Smith D | Sponsor | HD-WA-9 |
| Eleanor Norton D | Sponsor | HD-DC |
| Janice Schakowsky D | Sponsor | HD-IL-9 |
| Kweisi Mfume D | Sponsor | HD-MD-7 |
| Lateefah Simon D | Sponsor | HD-CA-12 |
Topics and industries
Related topics
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error