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Reps. Jayapal, Tlaib, Pressley and Sens. Markey, Merkley Reintroduce Legislation to Halt Government Use of Facial Recognition and Other Biometric Technology

Bill Text (PDF)

Washington (September 25, 2026) – Representatives Pramila Jayapal (WA-07), Rashida Tlaib (MI-12), and Ayanna Pressley (MA-07), and Senator Edward J. Markey (D-Mass.) and Senator Jeff Merkley (D-Ore.) announced the reintroduction of the Facial Recognition and Biometric Technology Moratorium Act, legislation to prohibit the government from using facial recognition and other biometric technologies.

The legislation responds to the federal government’s growing use of biometric recognition technology, including Immigration and Customs Enforcement (ICE) and Customs and Border Protection’s (CBP) mobile facial recognition app, which has been used to target immigrants and intimidate communities across the country. Research shows that nearly half of U.S. adults’ faces are already stored in facial recognition databases, and that Black, Brown, and Asian individuals are up to 100 times more likely to be misidentified by a facial recognition algorithm than white men.

“We have to stop the constant, nonconsensual state of surveillance that we live in, and that starts with placing a moratorium on our government’s use of facial recognition technology,” said Congresswoman Jayapal. “Black and Brown people are more likely to be misidentified and wrongfully put in jail because of this unregulated technology, and our government has used it to unjustly target protestors and immigrants. Putting the brakes on this technology is necessary to protect civil rights and ensure public safety.”

“Facial recognition technology is racist, misidentifying Black, Brown, and Asian residents and pinning them as suspects in crimes they did not commit,” said Representative Tlaib. “When such flawed and biased technology is used to invade our privacy, we are all less safe. I’m proud to reintroduce this bill that will ban facial recognition technology and protect all our civil liberties.”

“Facial recognition and other biometric technologies in the hands of government agencies have become tools of authoritarianism. Agencies such as ICE and CBP are using this technology to track, target, intimidate and surveil communities across the country,”said Senator Markey. “Black and Brown communities — already subject to the most aggressive policing and immigration enforcement — are disproportionately affected and more likely to be wrongly flagged, detained, or targeted by a faulty facial recognition match. We must stop the Trump administration’s growing web of surveillance technology, and that starts with a moratorium on dangerous, discriminatory biometric recognition.”

“Every American who values their right to privacy, stands against discrimination, and believes people are innocent until proven guilty should be concerned about facial recognition technology fueling a national surveillance state,” said Senator Merkley. “Enacting a federal moratorium on this technology is critical to ensuring we can rein in inappropriate surveillance and protect our communities’ fundamental right to privacy.”

The Facial Recognition and Biometric Technology Moratorium Act would:

  1. Place a prohibition on the use of facial recognition technology by federal entities, which can only be lifted with an act of Congress;
  2. Place a prohibition on the use of other biometric technologies, including voice recognition, gate recognition, and recognition of other immutable physical characteristics, by federal entities, which can only be lifted with an act of Congress;
  3. Condition federal grant funding to state and local entities, including law enforcement, on those entities enacting their own moratoria on the use of facial recognition and biometric technology;
  4. Prohibit the use of federal dollars for biometric surveillance systems;
  5. Prohibit the use of information collected via biometric technology in violation of the Act in any judicial proceedings;
  6. Provide a private right of action for individuals whose biometric data is used in violation of the Act and allow for enforcement by state Attorneys General; and
  7. Allow states and localities to enact their own laws regarding the use of facial recognition and biometric technologies.

“Face surveillance is one of the most intrusive surveillance technologies. It’s past time for the federal government to end its use. Face surveillance in the hands of the government is a fundamentally harmful technology, even under strict regulations or if the technology was 100% accurate. We thank the authors of this bill for their leadership in ending the federal government’s use of this dangerous and invasive technology,” said India McKinney, Director of Federal Affairs at Electronic Frontier Foundation.

“We can no longer afford to ignore the very real harms of AI surveillance technologies, including facial recognition. We have seen how ICE and other federal agencies utilize facial recognition to abuse immigrants, Black and Brown communities, and people participating in protests and other First Amendment protected actions. There is no more excuse for inaction or justification for allowing the continued use of this surveillance technology – the time to pass this legislation is now,” said Caitlin Seeley George (she/her), Campaigns and Managing Director at Fight for the Future.

“Facial recognition poses a significant threat to our privacy and our democracy. The technology has been shown to be biased, inaccurate, and disproportionally harmful to people of color. Even 100% accurate facial recognition poses considerable threats to our privacy and civil liberties. The Facial Recognition and Biometric Technology Moratorium Act takes the right approach on this urgent issue, effectively banning its current use and ensuring Congress will give careful consideration to if and how the technology can be used in the future. EPIC is proud to support it,” said Jeramie D. Scott, Director of Electronic Privacy Information Center (EPIC)’s Surveillance Oversight Program.

“The rapid adoption of powerful surveillance tech by our federal government benefits companies that amass billions in profits through contracts with law enforcement agencies, at the expense of our civil rights. This bill by Senator Markey couldn’t be more timely. Not only does this bill disrupt the money flow for surveillance profiteers; it prevents the use of one of the most invasive forms of surveillance and grants users a private right of action, urgently needed as we still lack federal data privacy protections and a prohibition on law enforcement purchases of sensitive data. We’ve seen how dangerous these tools can be and how easily bad actors can weaponize them against any person or community. Without proper guardrails or consideration for how our privacy will be protected, surveillance tech becomes a tool of oppression, not safety. We are proud to endorse this bill and appreciate Senator Markey’s continued leadership in this area,” said Amanda Beckham, Government Relations Director at Free Press.

“Right now, just walking down the street could allow you to be detected by AI-powered cameras and put into a database. Sen. Markey’s Facial Recognition and Biometric Technology Moratorium Act is a critically needed safeguard against a surveillance apocalypse where the government and unaccountable corporations can collect and store your face and voice,” said Hajar Hammado, Senior Policy Advisor at Demand Progress.“Facial recognition technology threatens the privacy and security of all Americans. Every member of Congress who cares about invasive surveillance must support this bill.”

“We should all be free to move freely in our communities — drive to work, walk our neighborhoods, travel to see family — without constant monitoring.  ICE officers and other federal agents are out in our neighborhoods targeting Black and Brown people because of the color of our skin and scanning our faces without consent to fuel a cruel mass deportation machine. They’re using the very same facial recognition technologies that regularly misidentify people of color, leading to unjust arrests and detainment. Senator Markey’s Facial Recognition and Biometric Technology Moratorium Act would put a stop to this racist invasion of privacy,” said Alejandra Montoya-Boyer, Vice President of The Leadership Conference’s Center for Civil Rights and Technology.

The Facial Recognition and Biometric Technology Moratorium Act is cosponsored in the Senate by Senator Ron Wyden (D-Ore.) and Elizabeth Warren (D-Mass.), and in the House of Representatives by Representatives Greg Casar (TX-35), Judy Chu (CA-28), Jim McGovern (MA-02), Eleanor Holmes Norton (DC-At Large), Delia Ramirez (IL-03), and Jan Schakowsky (IL-09).

This legislation is endorsed by the American Civil Liberties Union (ACLU), Electronic Frontier Foundation (EFF), Fight for the Future, Leadership Conference on Civil and Human Rights, Color of Change, Access Now, Electronic Privacy Information Center (EPIC), Free Press, Demand Progress, and UnidosUS.

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