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February 5, 2026legislativefacial recognitionFourth Amendmentimmigration enforcementbiometric datalegislativeAI policy

Bipartisan bill would ban ICE and CBP from using facial recognition technology

Representatives Jimmy Gomez (D-CA) and Warren Davidson (R-OH) introduce the Facial Recognition Act — bipartisan legislation that would prohibit ICE and CBP from using facial recognition technology in enforcement operations. The bill responds to documented cases of false arrests from Clearview AI misidentifications and CBP's warrantless deployment of facial recognition at all US ports of entry. The bill would require agencies to obtain a warrant before running a facial recognition query in any non-consensual context. Law enforcement groups oppose the measure; ACLU and libertarian groups support it.