Rights Organizations Demand Halt to Mobile Fortify, ICE's Handheld Face Recognition Program

Mobile Fortify, the new app used by Immigration and Customs Enforcement (ICE) to use face recognition technology (FRT) to identify people during street encounters, is an affront to the rights and dignity of migrants and U.S. citizens alike. That’s why a coalition of privacy, civil liberties and civil rights organizations are demanding the Department of Homeland Security (DHS) shut down the use of Mobile Fortify, release the agency’s privacy analyses of the app, and clarify the agency’s policy on face recognition. 

As the organizations, including EFF, Asian Americans Advancing Justice and the Project on Government Oversight, write in a letter sent by EPIC: 

ICE’s reckless field practices compound the harm done by its use of facial recognition. ICE does not allow people to opt-out of being scanned, and ICE agents apparently have the discretion to use a facial recognition match as a definitive determination of a person’s immigration status even in the face of contrary evidence.  Using face identification as a definitive determination of immigration status is immensely disturbing, and ICE’s cavalier use of facial recognition will undoubtedly lead to wrongful detentions, deportations, or worse.  Indeed, there is already at least one reported incident of ICE mistakenly determining a U.S. citizen “could be deported based on biometric confirmation of his identity.”

As if this dangerous use of nonconsensual face recognition isn’t bad enough, Mobile Fortify also queries a wide variety of government databases. Already there have been reports that federal officers may be using this FRT to target protesters engaging in First Amendment-protected activities. Yet ICE concluded it did not need to conduct a new Privacy Impact Assessment, which is standard practice for proposed government technologies that collect people’s data. 

While Mobile Fortify is the latest iteration of ICE’s mobile FRT, EFF has been tracking this type of technology for more than a decade. In 2013, we identified how a San Diego agency had distributed face recognition-equipped phones to law enforcement agencies across the region, including federal immigration officers. In 2019, EFF helped pass a law temporarily banning collecting biometric data with mobile devices, resulting in the program’s cessation. 

We fought against handheld FRT then, and we will fight it again today.