Ranking Member Thompson Introduces Legislation to Curb Unchecked DHS Mobile Biometric Surveillance and Protect Privacy of American Citizens
(WASHINGTON) – Today, Rep. Bennie G. Thompson (D-MS), Ranking Member of the Committee on Homeland Security, introduced legislation to rein in the Department of Homeland Security’s (DHS) use of unproven mobile biometric surveillance technology and strengthen protections for American citizens’ privacy, civil rights, and civil liberties.
U.S. Immigration and Customs Enforcement (ICE) has deployed a mobile phone application known as Mobile Fortify to identify individuals by capturing facial images or fingerprints using a phone camera. The application is currently being used wantonly by ICE officers in the streets of our communities across the country – often on American citizens – while still in beta testing. This raises serious oversight concerns and should be troubling to all Americans.
The Realigning Mobile Phone Biometrics for American Privacy Protection Act would establish Department-wide standards and guidelines to significantly limit DHS’s use of mobile biometric identification tools and prevent their misuse outside lawful and appropriate contexts.
“When ICE claims that an image its snaps and runs through an unproven app can be enough evidence to detain people for possible deportation, no one is safe,” said Ranking Member Thompson. “ICE’s use of Mobile Fortify to determine a person’s legal status is an outrageous affront to the civil rights and civil liberties of U.S. citizens and immigrants alike. DHS should not be conducting surveillance by experimenting with Americans’ faces and fingerprints in the field—especially with unproven and biased technology. It is time to put an end to its widespread use. We can secure the Homeland and respect the rights and privacy of Americans at the same time.”
The Realigning Mobile Phone Biometrics for American Privacy Protection Act will:
- Require DHS establish Department-wide standards and guidelines to better protect privacy, civil rights, and civil liberties.
- Prohibit DHS from using Mobile Fortify – or similar apps – except for identification at ports of entry.
- Prohibit DHS from sharing these apps outside of DHS.
- Require these apps removed from DHS systems outside ports of entry and make them inoperable on non-DHS systems.
- Require the destruction of any image, photograph, or fingerprint of a U.S. citizen captured previously by the app – and require destruction within 12 hours once proper guidelines are established.
The bill is originally cosponsored by Rep. Lou Correa (D-CA), Ranking Member of the Subcommittee on Border Security & Enforcement; Rep. Shri Thanedar (D-MI), Ranking Member of the Subcommittee on Oversight, Investigations & Accountability; Rep. Yvette D. Clarke (D-NY), Chair of the Congressional Black Caucus; Rep. Grace Meng (D-NY), Chair of the Congressional Asian Pacific American Caucus; and Rep. Adriano Espaillat (D-NY), Chair of the Congressional Hispanic Caucus.
“Using an unproven technology in the United States to determine a person’s citizenship or legal residency is dangerous. This sets a dangerous precedent,” added Rep. Lou Correa. “This is another attack on the civil rights of American citizens. Given this administration’s reckless deployment of ICE Agents across the nation, the use of this type of an invasive application must be reigned in.”
"For too long, DHS has weaponized sensitive identification data to attack the American people," added Rep. Shri Thanedar. "I'm proud to partner with Ranking Member Thompson and other Homeland Committee Democrats on this legislation to protect your right to privacy."
“The Trump Administration has weaponized federal agencies against the American people. This latest effort to use facial recognition to further target immigrant families is reckless and dangerous,” said Rep. Adriano Espaillat. “I’m proud to stand with Ranking Member Thompson to introduce legislation to combat ICE and DHS, prohibiting the use of facial recognition as yet another ruthless tactic to further this administration’s mass deportation agenda.”
"Under no circumstances should our federal government install its full faith in an untested, untrustworthy technology with proven biases and dubious capabilities for matters as critical as immigration enforcement. DHS’ overreliance on Mobile Fortify and other applications like it inherently flouts the civil liberties and right to privacy each and every individual on American soil is entitled to by law, and it is past time for Congress to step in and check their negligence," said Rep. Yvette D. Clarke.
“The abuse of this type of technology by DHS agents is not only invasive, it is likely unconstitutional and certainly un-American,” said Rep Grace Meng. “Immigration enforcement should not be conducted by an app and DHS should not conduct dragnet operations that terrorize communities and violate people's constitutional rights. I am proud to have worked with Ranking Member Thompson and my colleagues to introduce this commonsense legislation.”
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