Citizens and immigrants have no option if Immigration and Customs Enforcement (ICE) agents demand that they be scanned with a mobile phone-based facial recognition app, according to the Department of Homeland Security (DHS).
DHS documentsobtained by 404 Media stated that images captured by the app will be stored by the department for 15 years — even if the person is a U.S. citizen.
"ICE does not provide the opportunity for individuals to decline or consent to the collection and use of biometric data/photograph collection," the DHS Privacy Threshold Analysis (PTA) document states.
According to the PTA, "ICE agents and officers will use the Mobile Fortify app to verify identity through facial recognition or contactless fingerprint matching during ICE enforcement operations."
The app runs on Android or iOS devices provided to ICE agents by DHS. Some Customs and Border Protection (CBP) agents assisting ICE were also said to have access to the app.
"ICE will take no action on individuals who are not a match to the hotlist, unless operational circumstances indicate other violations of law," the document notes.
House Homeland Security Committee ranking member Bennie G. Thompson (D-MS) told 404 Media that ICE's use of the app was "a frightening, repugnant, and unconstitutional attack on Americans' rights and freedoms."
"ICE officials have told us that an apparent biometric match by Mobile Fortify is a 'definitive' determination of a person's status and that an ICE officer may ignore evidence of American citizenship — including a birth certificate — if the app says the person is an alien," Thompson said.
It was not immediately clear if ICE agents had the legal authority to detain people who refused to submit to facial scanning.