How ICE is using facial recognition in Minnesota

Immigration and Customs Enforcement (ICE) agents across the United States have increasingly adopted a smartphone application called Mobile Fortify, which uses facial recognition technology to identify individuals in the field. By simply pointing a phone’s camera at a person, the app scans their face and cross-references it against multiple federal and state databases. This technology enables ICE to quickly retrieve information about citizens and immigrants, including biometric data such as fingerprints. However, some of these databases have been criticized by federal courts for containing inaccuracies, raising concerns about the reliability of the app’s results.

Mobile Fortify has been used more than 100,000 times, according to a recent lawsuit filed by Illinois and Chicago against the Department of Homeland Security (DHS). This marks a significant shift from previous uses of facial recognition by immigration enforcement, which were mostly confined to investigations and border checkpoints. Internal DHS documents revealed that individuals cannot refuse to be scanned by the app, effectively making it a mandatory biometric checkpoint in many situations. Civil rights advocates warn that this widespread use of facial recognition technology, especially in fast-moving and high-pressure encounters, increases the risk of false matches that can have severe consequences for those misidentified.

The technology’s accuracy issues are particularly pronounced for women and people of color, who face higher error rates compared to white individuals. These errors are exacerbated by challenging conditions such as poor lighting, movement, or individuals turning away to avoid identification. Critics argue that ICE’s use of Mobile Fortify often occurs in contexts where consent is not obtained, and biometric scans are treated as definitive proof of identity or citizenship without additional verification. This practice has led to documented cases of misidentification, including a recent incident where the app produced two incorrect names for a detained woman during an immigration raid.

The backlash against ICE’s use of Mobile Fortify has been widespread. Protesters have adopted various strategies to resist the technology, including recording agents, using burner phones, and deploying donated dashboard cameras. Legal challenges have also been mounted, with Illinois filing a lawsuit that contends the app’s use exceeds congressional authority regarding biometric data collection. In response, Democratic lawmakers have proposed legislation to ban the use of Mobile Fortify and similar apps by DHS except at official points of entry. Senators have also expressed concerns about the app’s implications for privacy and free speech.

Despite these criticisms, DHS maintains that Mobile Fortify operates within legal boundaries, uses a high matching threshold, and only accesses limited immigration databases. The agency denies that the app violates constitutional rights or compromises privacy. Nevertheless, experts emphasize that facial recognition should serve only as an investigative tool rather than a definitive form of identification. Many police departments and states have imposed restrictions or bans on facial recognition technology due to concerns about bias and misuse.

The controversy surrounding Mobile Fortify highlights broader issues about the use of biometric surveillance technologies in immigration enforcement and law enforcement more generally. The potential for racial profiling, wrongful arrests, and erosion of civil liberties has prompted calls for greater oversight, transparency, and accountability. As the technology becomes more prevalent, balancing security objectives with the protection of individual rights remains a critical challenge for policymakers and society.