Markey, Wyden, and Merkley Demand ICE Stop Using Mobile Facial Recognition App

Senators raise concerns about harm to privacy and free speech

Letter Text (PDF)

Washington (September 11, 2025) - Senator Edward J. Markey (D-Mass.), member of the Committee on Commerce, Science, and Transportation, Senator Ron Wyden (D-Ore.), and Senator Jeff Merkley (D-Ore.) today wrote to Todd Lyons, Acting Director of U.S. Immigration and Customs Enforcement (ICE), urging ICE to cease using a new biometric mobile phone app, "Mobile Fortify," to surveil individuals in the United States. Biometric scanning technology - such as facial recognition - is often biased and inaccurate, especially against communities of color. Even when accurate, this type of on-demand surveillance threatens the privacy and free speech rights of everyone in the United States, especially when the technology is weaponized against protesters and anyone who speaks out against the federal government's policies.

Senators Elizabeth Warren (D-Mass.), Cory Booker (D-N.J.), Chris Van Hollen (D-Md.), Bernie Sanders (I-Vt.), Adam Schiff (D-Calif.), and Tina Smith (D-Minn.) also signed the letter.

In their letter, the senators write, "ICE's increased use of facial recognition tools inside the United States is particularly concerning given the known limitations of this technology. Most notably, despite recent advancements, facial recognition tools remain unreliable especially for communities of color, which already suffer from increased surveillance and over-policing. Especially given ICE's recent expansion of its 287(g) program - which authorizes participating state and local law enforcement the authority to conduct immigration enforcement activities and has been proven to foster environments that increase racial profiling - facial recognition tools are likely to be disproportionately weaponized against communities of color."

The senators continue, "In the absence of meaningful regulation of the government's use of facial recognition tools, the public is likely to be increasingly subject to ongoing, real-time surveillance. This Big Brotherism means that individuals may be less able to move, assemble, or appear in public without the federal government identifying and tracking them. As studies have shown, when individuals believe they are being surveilled, they are less likely to engage in First Amendment protected activities, such as protests or rallies - undermining the very core of our democracy."

The senators request responses by October 2, 2025, to questions including:

• 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?

On July 31, 2025, Senator Markey, along with Senators Alex Padilla (D-Calif.) and Adam Schiff (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 of the threat to the protesters' privacy and their constitutional rights that are guaranteed by the First Amendment. On June 20, 2025, Senators Markey and Wyden wrote two letters to Secretary of State Marco Rubio and Secretary Noem about the government's use of artificial intelligence (AI) and other technologies to determine whether an individual poses a national security risk.

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