ICYMI: Sen. Schiff Joins Markey, Colleagues to Press ICE Again on Use of Invasive Facial Recognition Surveillance Technology

Washington, D.C. - In case you missed it, U.S. Senator Adam Schiff (D-Calif.) joined Senator Edward J. Markey (D-Mass.) along with Senators Chris Van Hollen (D-Md.), and Bernie Sanders (I-Vt.) in writing to Acting Director of U.S. Immigration and Customs Enforcement (ICE) Todd Lyons, requesting ICE cease the use of their biometric phone application known as Mobile Fortify. This application's use of facial recognition to identify and surveil individuals, including U.S. citizens, raises concerns about how this information will be used or stored.

On September 11, Senator Schiff joined Senator Markey in writing to Acting Director Lyons, demanding that ICE cease use of Mobile Fortify and requesting detailed information about its policies and practices surrounding the use of biometric technology. The Senators requested answers to the questions in the September 11 letter by October 2, but ICE has still not responded.

In this new letter, the Senators write, "A new report provides clear evidence that ICE has not only developed advanced biometric technology but is actively using it to surveil and identify members of the public. Three separate videos posted on social media captured ICE agents scanning the faces of individuals in the United States. In one video, federal agents appear to stop two young men without any clear justification. When one of the men explains that he does not have identification documents with him, a federal agent asks 'can you do a facial?' and another agent then 'points his own phone camera directly at him, hovering it over the boy's face for a couple seconds. The officer then looks at his phone's screen and asks the boy to verify his name.' This exchange - along with the other videos - demonstrates that ICE is using FRT on U.S. streets for identity verification."

"As we explained in our September letter, this expanded use of FRT creates serious privacy and civil liberties risks. Given this new reporting, we are reiterating our demand that ICE immediately cease using this app and renew our request for answers to our questions about ICE's policies and practices surrounding the use of biometric technology," the Senators continued.

The lawmakers request that ICE respond to the questions they asked in the September letter by November 10, 2025. The questions include:

• Who did ICE contract with to develop and deploy the Mobile Fortify app?
• When did ICE first begin deploying the Mobile Fortify app on phones carried by ICE officers?
• Before deploying the Mobile Fortify app, did ICE conduct any testing of its accuracy?
• Has ICE conducted any legal review on the authority permitting the deployment and use of Mobile Fortify?
• What are ICE's current policies, practices, and procedures governing use of the Mobile Fortify app?
• Will ICE commit to ending the use of the Mobile Fortify app? If not, why not?

Background:

On July 31, Senator Schiff, Senator Markey, and Senator Alex Padilla (D-Calif.) sent a letter to Secretary of Homeland Security Kristi Noem on the Department of Homeland Security's (DHS) recent usage of Predator drones and aerial surveillance against peaceful protesters in Los Angeles. In the letter, the senators raised concerns about the threat to the protesters' privacy and their constitutional rights that are guaranteed by the First Amendment.

The full text of the letter can be found here and below:

Dear Acting Director Lyons,

According to alarming recent reporting, U.S. Immigration and Customs Enforcement (ICE) has deployed a new biometric mobile phone application - called Mobile Fortify - to identify individuals in the United States, including U.S. citizens, through the use of facial recognition technology (FRT). This report appears to confirm the concern that we raised in a September letter to you about ICE's active use of FRT technology on U.S. streets. As we explained in our September letter, this expanded use of FRT creates serious privacy and civil liberties risks. Given this new reporting, we are reiterating our demand that ICE immediately cease using this app and renew our request for answers to our questions about ICE's policies and practices surrounding the use of biometric technology.

A new report provides clear evidence that ICE has not only developed advanced biometric technology but is actively using it to surveil and identify members of the public. Three separate videos posted on social media captured ICE agents scanning the faces of individuals in the United States. In one video, federal agents appear to stop two young men without any clear justification. When one of the men explains that he does not have identification documents with him, a federal agent asks "can you do a facial?" and another agent then "points his own phone camera directly at him, hovering it over the boy's face for a couple seconds. The officer then looks at his phone's screen and asks the boy to verify his name." This exchange - along with the other videos - demonstrates that ICE is using FRT on U.S. streets for identity verification.

In September, we wrote to you demanding that ICE cease use of Mobile Fortify and requesting detailed information about its policies and practices surrounding the use of biometric technology.3 We requested answers to our questions by October 2, but ICE has still not responded. This is unacceptable. ICE has a responsibility to timely answer congressional inquiries.

We once again demand that ICE stop using Mobile Fortify app and request written responses to the questions in our September letter, a copy of which is attached to this letter, by November 10, 2025.

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