Senator Markey requested answers in September, ICE has not responded

Letter Text (PDF)

Washington (November 3, 2025) - Senator Edward J. Markey (D-Mass.) today led his colleagues, Senators Chris Van Hollen (D-Md.), Bernie Sanders (I-Vt.), and Adam Schiff (D-Calif.), in writing to Acting Director of U.S. Immigration and Customs Enforcement (ICE) Todd Lyons, requesting ICE to cease the use of their biometric phone application known as Mobile Fortify. On September 11, Senator Markey wrote to Acting Director Lyons, demanding that ICE cease use of Mobile Fortify and requesting detailed information about its policies and practices surrounding the use of biometric technology. Senator Markey requested answers to the questions in the September 11 letter by October 2, but ICE has still not responded.

In this new letter, the lawmakers write, “A new report provides clear evidence that ICE has not only developed advanced biometric technology but is actively using it to surveil and identify members of the public. Three separate videos posted on social media captured ICE agents scanning the faces of individuals in the United States. In one video, federal agents appear to stop two young men without any clear justification. When one of the men explains that he does not have identification documents with him, a federal agent asks ‘can you do a facial?’ and another agent then ‘points his own phone camera directly at him, hovering it over the boy’s face for a couple seconds. The officer then looks at his phone’s screen and asks the boy to verify his name.’ This exchange — along with the other videos — demonstrates that ICE is using FRT on U.S. streets for identity verification.”

The senators continue, “As we explained in our September letter, this expanded use of FRT creates serious privacy and civil liberties risks. Given this new reporting, we are reiterating our demand that ICE immediately cease using this app and renew our request for answers to our questions about ICE’s policies and practices surrounding the use of biometric technology.”

The lawmakers request that ICE respond to the questions they asked in the September letter by November 10, 2025. The questions include:

• Who did ICE contract with to develop and deploy the Mobile Fortify app?
• When did ICE first begin deploying the Mobile Fortify app on phones carried by ICE officers?
• Before deploying the Mobile Fortify app, did ICE conduct any testing of its accuracy?
• Has ICE conducted any legal review on the authority permitting the deployment and use of Mobile Fortify?
• What are ICE’s current policies, practices, and procedures governing use of the Mobile Fortify app?
• Will ICE commit to ending the use of the Mobile Fortify app? If not, why not?

On July 31, Senator Markey, along with Senators Alex Padilla (D-Calif.) and Schiff, sent a letter to Secretary of Homeland Security Kristi Noem on the Department of Homeland Security’s (DHS) recent usage of Predator drones and aerial surveillance against peaceful protesters in Los Angeles. In the letter, the senators raised concerns about the threat to the protesters’ privacy and their constitutional rights that are guaranteed by the First Amendment. On June 20, Senators Markey and Ron Wyden (D-Ore.) wrote two letters to Secretary of State Marco Rubio and Secretary Noem about the government’s use of artificial intelligence (AI) and other technologies to determine whether an individual poses a national security risk.

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