puter software that performs facial recognition or 
other biometric recognition in real time or on a re-
cording or photograph. 
(2) COVERED
IMMIGRATION
OFFICER.—The 
term ‘‘covered immigration officer’’ means any indi-
vidual who is— 
(A) authorized to perform immigration en-
forcement functions; and 
(B)(i) an officer, employee, agent, con-
tractor, or subcontractor of U.S. Customs and 
Border Protection; 
(ii) an officer, employee, agent, contractor, 
or subcontractor of U.S. Immigration and Cus-
toms Enforcement; or 
(iii) an individual authorized, deputized, or 
designated to perform immigration enforcement 
functions pursuant to section 287(g) of the Im-
migration and Nationality Act (8 U.S.C. 
1357(g)). 
(3) FACIAL
RECOGNITION.—The term ‘‘facial 
recognition’’ means an automated or semi-automated 
process that— 
(A) assists in identifying an individual, 
capturing information about an individual, 
matching an individual to a list or otherwise 
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generating or assisting in generating surveil-
lance or identification information about an in-
dividual based on the physical characteristics of 
the individual’s face; or 
(B) logs characteristics of an individual’s 
face, head, or body to infer emotion, associa-
tions, activities, or the location of an individual. 
(4) OTHER
BIOMETRIC
RECOGNITION.—The 
term ‘‘other biometric recognition’’— 
(A) means an automated or semi-auto-
mated process that— 
(i) assists in identifying an individual, 
capturing information about an individual, 
or otherwise generating or assisting in gen-
erating surveillance information about an 
individual based on the characteristics of 
the individual’s gait or other immutable 
characteristic ascertained from a distance; 
(ii) uses voice recognition technology; 
or 
(iii) logs characteristics referred to in 
clause (i) or (ii) to infer emotion, associa-
tions, activities, or the location of an indi-
vidual; and 
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(B) does not include identification based 
on fingerprints or palm prints not ascertained 
from a distance. 
(5) VOICE
RECOGNITION
TECHNOLOGY.—The 
term ‘‘voice recognition technology’’ means an auto-
mated or semi-automated process that assists in 
identifying or verifying an individual based on the 
characteristics of an individual’s voice. 
SEC. 3. PROHIBITION ON THE USE OF BIOMETRIC SURVEIL-
LANCE BY U.S. IMMIGRATION AND CUSTOMS 
ENFORCEMENT OR U.S. CUSTOMS AND BOR-
DER PROTECTION. 
(a) IN GENERAL.—It shall be unlawful for any cov-
ered immigration officer to acquire, possess, access, or use 
in the United States— 
(1) any biometric surveillance system; or 
(2) information derived from a biometric sur-
veillance system operated by another entity. 
(b) BIOMETRIC DATA DELETION.—All information 
collected by a covered immigration officer for use in, or 
derived from, a biometric surveillance system, including 
information collected before the date of the enactment of 
this Act, shall be deleted not later than 30 days after the 
date of the enactment of this Act. 
(c) JUDICIAL INVESTIGATIONS AND PROCEEDINGS.— 
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(1) ADMISSIBILITY.—Except in a judicial inves-
tigation or proceeding alleging a violation of this sec-
tion, information obtained in violation of this section 
is not admissible by the Federal Government in any 
criminal, civil, administrative, or other investigation 
or proceeding. 
(2) CAUSE OF ACTION.— 
(A) IN GENERAL.—A violation of this sec-
tion constitutes an injury to any individual ag-
grieved by such violation. 
(B) RIGHT
TO
SUE.—An individual ag-
grieved by a violation of this section may insti-
tute proceedings against the Federal Govern-
ment whose covered immigration officer is al-
leged to have violated this section for the relief 
described in subparagraph (D) in any court of 
competent jurisdiction. 
(C) ENFORCEMENT BY STATE ATTORNEYS 
GENERAL.—The chief law enforcement officer 
of a State, or any other State officer authorized 
by law to bring actions on behalf of the resi-
dents of a State, may bring a civil action, as 
parens patriae, on behalf of the residents of 
such State in an appropriate district court of 
the United States to enforce this Act, whenever 
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the chief law enforcement officer or other State 
officer determines the interests of the residents 
of such State have been or are being threatened 
or adversely affected by a violation of this sec-
tion. 
(D) RELIEF.—In a civil action authorized 
under subparagraph (B) in which the plaintiff 
prevails, the court may award— 
(i) actual damages; 
(ii) punitive damages; 
(iii) reasonable attorneys’ fees and 
costs; and 
(iv) any other relief, including injunc-
tive relief, that the court determines to be 
appropriate. 
(d) CIVIL PENALTIES.—Any covered immigration of-
ficer who violates this section may be subject to retraining, 
suspension, termination, or any other penalty, as deter-
mined in an appropriate tribunal, and subject to applicable 
due process requirements. 
(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to preempt or supersede any Fed-
eral, State, or local law absent actual conflict with the lim-
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itations on covered immigration officers imposed by this 
section. 
Æ 
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