H.R. 7363 — ICE Out of Our Faces Act

This section defines terms used in the Act, including: (1) biometric surveillance system as computer software that performs facial recognition or other biometric recognition in real time or on a recording or photograph; (2) covered immigration officer as any individual authorized to perform immigration enforcement functions who is an officer, employee, agent, contractor, or subcontractor of U.S. Customs and Border Protection (CBP) or U.S. Immigration and Customs Enforcement (ICE), or an individual authorized under INA §287(g) (8 U.S.C. 1357(g)); (3) facial recognition as an automated or semi-automated process that identifies an individual or logs facial, head, or body characteristics to infer emotion, associations, activities, or location; (4) other biometric recognition as an automated or semi-automated process using gait or other immutable characteristics ascertained from a distance, voice recognition technology, or logging such characteristics to infer emotion, associations, activities, or location (excluding fingerprints or palm prints not ascertained from a distance); and (5) voice recognition technology as an automated or semi-automated process that identifies or verifies an individual based on voice characteristics.

This section prohibits covered immigration officers of U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) from acquiring, possessing, accessing, or using in the United States any biometric surveillance system or information derived from such a system operated by another entity. It requires deletion of all such information collected by those officers, including before enactment, within 30 days of enactment. It renders information obtained in violation inadmissible in federal investigations or proceedings except those alleging a violation of the prohibition; establishes a private right of action for aggrieved individuals against the federal government, as well as parens patriae enforcement authority for state attorneys general, with remedies including actual and punitive damages, attorneys' fees, and injunctive relief; subjects violating officers to penalties including retraining, suspension, or termination; and states that the prohibition does not preempt other laws absent actual conflict.