Federal Immigration Agents’ Use of Facial Recognition Tools Raises Concerns

Federal immigration agents have been increasingly utilizing a new toolkit for surveillance, causing growing concern among civil liberties advocates, lawmakers, and activists. This toolkit includes smartphones equipped with advanced facial recognition capabilities and professional-grade photographic equipment. Agents have been actively capturing images of people during their operations, which include potential enforcement targets and bystanders, often without their consent. Many of these images are being processed through facial recognition software in real-time.

In recent months, officials from Immigration and Customs Enforcement (ICE) and other Department of Homeland Security (DHS) agencies have been reported to capture and scan images in cities like Minneapolis, Chicago, and Portland, Maine. This practice is perceived as an unprecedented expansion of federal surveillance activities targeting both immigrants and U.S. citizens, raising alarm about privacy and civil rights.

Andrew Ferguson, a law professor at George Washington University focused on police technology, expressed concerns about the street-level use of mobile facial recognition. He remarked, “The idea that law enforcement is using mobile facial recognition on the streets is shocking,” emphasizing that such technology was not considered suitable for free society.

NBC News confirmed over a dozen instances where immigration officials appeared to be photographing individuals’ faces using their smartphones or professional cameras. Witnesses described feeling intimidated by the photographing activities. DHS has stated that these scans are for aiding immigration enforcement, but the practice has generated significant concern.

“I was terrified of what they were going to do with a picture of me and did not trust them… the officers also kept telling me that they were going to ‘take me in’ if I did not let them scan my face,” Mubashir Khalif Hussen shared, recounting his experience with ICE agents.

The DHS may retain some of these scanned images for up to 15 years, with no option for individuals to opt out, according to documents obtained through a Freedom of Information Act request.

Concerns are further fueled by ICE’s use of a specialized app called Mobile Fortify. This tool, introduced last year, allows rapid identification of individuals following a scan. The DHS describes Mobile Fortify as a lawful tool designed to swiftly identify persons of interest. Still, its deployment has been criticized, with some alleging it infringes on Fourth Amendment rights.

Illinois Attorney General Kwame Raoul’s office reported that the app had been used over 100,000 times since its inception. Lawsuits have been filed against ICE and the Customs and Border Protection (CBP), accusing them of rights violations.

Senator Ed Markey has introduced legislation to restrict ICE and CBP’s use of facial recognition technologies. He and other senators have requested further information on Mobile Fortify from DHS, but have not received a response.

Reports have surfaced of ICE’s practices, with agents using smartphones to attempt face verifications on individuals during operations. Videos shown by witnesses depict agents scanning people’s faces, often without providing clear justification for their actions.

For example, in a documented scenario from Aurora, IL, agents were seen photographing two young individuals on bicycles. In another situation from Minnesota, agents used their mobile phones to scan a man’s face after questioning him about his citizenship status.

Local politicians from states like Maine and Minnesota have voiced their concern, with multiple residents reporting unsolicited image captures by ICE agents. These tactics are seen as having a chilling effect, with fears they might deter public dissent.

Facial recognition technology operates by comparing images against a database and determining match probabilities. While this technology has expanded into various sectors, its usage in government surveillance, especially without consent, raises significant privacy concerns. Mistakes are plausible, with surveillance often targeting people of color, and have led to wrongful arrests.

Despite the controversies surrounding Mobile Fortify, DHS maintains that its operations are lawful. The internal workings of the app and its connected databases remain largely undisclosed. ICE’s association with companies like Clearview AI, which provides a vast facial recognition database, further compounds privacy concerns.

This growing scrutiny from both political sides reflects broader concerns over government surveillance, with bipartisan opposition advocating for citizens’ rights to privacy and free movement.

Kevin Collier is a reporter covering cybersecurity, privacy, and technology policy for NBC News. Additional reporting by Jared Perlo and Jean Lee from NBC News.