How ICE is using facial recognition in Minnesota
Immigration and Customs Enforcement (ICE) has deployed a smartphone app called Mobile Fortify to scan faces in Minnesota, pulling data from federal and state databases. The program has triggered lawsuits, street protests, and a pending congressional ban due to concerns over accuracy, privacy and ra…
Immigration and Customs Enforcement (ICE) agents have begun using a smartphone application known as Mobile Fortify to scan the faces of individuals in Minnesota. By simply pointing a phone camera at a person, the app cross‑references the image with a collection of roughly 200 million photos stored in federal and state databases, returning names, immigration status and other identifiers. According to a recent lawsuit filed by the states of Illinois and Chicago, the Department of Homeland Security (DHS) has employed the tool more than 100,000 times across the United States.
How Mobile Fortify works and why it matters
Mobile Fortify operates as an on‑demand facial‑recognition system. When an agent captures a live image, the software queries limited Customs and Border Protection (CBP) immigration datasets rather than open‑source or social‑media sources. DHS officials claim the app uses a high matching threshold to reduce false positives, but critics argue the technology’s error rates remain unacceptably high, especially for women and people of color. Research from independent labs has repeatedly shown that facial‑recognition algorithms misidentify non‑white faces at a significantly higher rate than white faces, a problem amplified in fast‑moving, low‑light field conditions typical of ICE stops.
Legal scholars note that the app’s use marks a departure from ICE’s historical reliance on facial recognition, which was largely confined to investigations, ports of entry and court‑ordered warrants. The shift to handheld, on‑the‑spot scanning raises new constitutional questions because the technology can be applied without a person’s consent, and the resulting match can become the sole basis for detention or arrest.
Backlash and legal challenges
Activists, civil‑rights groups and lawmakers have responded with a multi‑pronged pushback. In Minnesota, protesters have recorded masked ICE agents, deployed burner phones and donated dashboard cameras to document encounters. The Washington Post reported that these tactics aim to create a paper trail that could be used in future litigation.
Illinois and Chicago’s lawsuit alleges that DHS exceeds congressional authority by collecting biometric data from U.S. citizens without consent. The complaint cites multiple incidents where agents photographed or scanned individuals who were not suspected of immigration violations. A similar complaint was lodged by the ACLU, which accuses the Trump‑era immigration apparatus of racial profiling and unlawful arrests based on “apparent ethnicity,” a standard once referenced by Supreme Court Justice Brett Kavanaugh.
On the legislative front, Democratic members of Congress introduced a bill on 15 January that would ban the Department of Homeland Security from using Mobile Fortify—or any comparable on‑demand facial‑recognition app—except at official points of entry such as airports and land border crossings. The proposal follows a September 2023 letter from several senators demanding transparency about the app’s capabilities and warning that even accurate surveillance threatens privacy and free‑speech rights.
Technical and policy context
Mobile Fortify’s database, according to investigative outlet 404 Media, contains about 200 million images drawn from immigration records, law‑enforcement uploads and other government sources. While DHS maintains that the app does not scrape social media or public websites, critics point out that the sheer scale of the repository increases the risk of false matches, especially when the algorithm is used as a definitive identifier rather than an investigative lead.
Experts such as Nathan Freed Wessler, deputy director of the ACLU’s speech, privacy and technology project, warn that ICE’s deployment of the technology creates what he calls a “biometric checkpoint society,” where everyday interactions could trigger automated identity verification without oversight. Jake Laperruque, deputy director of the Center for Democracy and Technology’s security and surveillance project, echoes this concern, emphasizing that facial recognition should only serve as an initial clue, not the final proof of a person’s legal status.
Across the United States, at least 15 states have enacted statutes limiting police use of facial‑recognition tools, and several major cities—including San Francisco, which banned the technology for law‑enforcement use in 2019—have taken similar steps. In September 2023, DHS issued a directive requiring agencies to test facial‑recognition systems for bias and to offer citizens an opt‑out option for non‑law‑enforcement scans. That directive was reportedly rescinded in February 2024, further fueling concerns about accountability.
What comes next?
The legal landscape surrounding Mobile Fortify remains unsettled. Courts have yet to issue a definitive ruling on whether the app violates the Fourth Amendment’s protection against unreasonable searches. Meanwhile, the congressional bill faces an uncertain path through a divided Senate. In Minnesota, community groups continue to document ICE encounters, hoping that a robust evidentiary record will compel judicial review.
If the legislation passes, ICE would be restricted to using Mobile Fortify only at ports of entry, dramatically curtailing its field presence. Conversely, if the lawsuits fail and the bill stalls, the technology could become a standard tool for immigration enforcement nationwide, potentially normalizing on‑the‑spot biometric surveillance for millions of Americans.
For now, the controversy underscores a broader national debate about the balance between security objectives and civil liberties in an era of rapid biometric innovation.
Why it matters
The deployment of Mobile Fortify raises urgent questions about privacy, racial bias and the constitutional limits of biometric surveillance by immigration authorities.
Key points
- ICE uses the Mobile Fortify app to scan faces in Minnesota, accessing a database of ~200 million images
- The technology has been used over 100,000 times nationwide, according to a lawsuit
- Civil‑rights groups cite higher error rates for women and people of color and warn of false arrests
- Congressional legislation seeks to ban the app outside ports of entry, but its fate is uncertain
- Legal challenges argue the app exceeds congressional authority and violates privacy rights
Frequently asked questions
What is Mobile Fortify and how does ICE use it?
Mobile Fortify is a smartphone application that captures a live facial image and queries federal and state immigration databases to return identity information. ICE agents in Minnesota point a phone at a person, scan the face, and can immediately receive a name, immigration status and other data.
Why are civil‑rights groups opposed to the app?
They argue the technology has higher false‑match rates for women and people of color, can be used without consent, and may lead to wrongful detention or arrest based on inaccurate matches.
Has any legislation been introduced to limit Mobile Fortify?
Yes, a bill introduced on 15 January would prohibit the Department of Homeland Security from using Mobile Fortify or similar on‑demand facial‑recognition tools except at official points of entry.
What legal actions have been taken against the app’s use?
Illinois and Chicago filed a lawsuit claiming DHS exceeds its authority by scanning citizens without consent, and the ACLU sued the Trump administration for racial profiling and unlawful arrests tied to the technology.
