The proposed law would force DHS only use the app, called Mobile Fortify, at ports of entry; delete all photos of U.S. citizens taken by the app; and effectively kill the local law enforcement of the app.

A group of six Democratic lawmakers is proposing legislation that would dramatically rein in Immigration and Customs Enforcement’s (ICE) facial recognition app, according to a copy of the draft bill shared with 404 Media. ICE and Customs and Border Protection (CBP) have been scanning peoples’ faces with the app, called Mobile Fortify, across the country, using it to verify their citizenship and claiming that a result in the app should be trusted over a birth certificate.

The move signals the first potential legislative move against the app after 404 Media first revealed Mobile Fortify’s existence in June based on leaked ICE emails. Since then, 404 Media has covered its continued use against U.S. citizens, the 200 million images it uses, and the Department of Homeland Security’s (DHS) plan to roll out a version of the app to local law enforcement.

“When ICE claims that an image it snaps and runs through an unproven app can be enough evidence to detain people for possible deportation, no one is safe,” Rep. Bennie G. Thompson (D-MS), ranking member of the Committee on Homeland Security, and who authored the legislation, said. “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.”

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